West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-38 - Rules for the Government of Pole Attachments
Section 150-38-8 - Allocation of Unusable Space Costs
Current through Register Vol. XLI, No. 13, March 29, 2024
8.1. With respect to the applicable formula referenced in Rule 5.4.2, a utility shall apportion the cost of providing unusable space on a pole so that such apportionment equals two-thirds (2/3) of the costs of providing unusable space that would be allocated to such entity under an equal apportionment of such costs among all attaching entities.
8.2. All attaching entities attached to the pole shall be counted for purposes of apportioning the cost of unusable space.
8.3. Utilities may use the following rebuttable presumptive averages when calculating the number of attaching entities with respect to the applicable formula referenced in Rule 5.4.2. For non-urbanized service areas (under 50,000 population), a presumptive average number of attaching entities of three. For urbanized service areas (50,000 or higher population), a presumptive average number of attaching entities of five. If any part of the utility's service area within the state has a designation of urbanized (50,000 or higher population) by the Bureau of Census, United States Department of Commerce, then all of that service area shall be designated as urbanized for purposes of determining the presumptive average number of attaching entities.
8.4. A utility may establish its own presumptive average number of attaching entities for its urbanized and non-urbanized service area as follows: