47 C.F.R. § 1.1410
Use of presumptions in calculating the space factor
With respect to the formulas referenced in § 1.1406(d)(1) and (d)(2), the space occupied by an attachment is presumed to be one foot. The amount of usable space is presumed to be 13.5 feet. The amount of unusable space is presumed to be 24 feet. The pole height is presumed to be 37.5 feet. These presumptions may be rebutted by either party.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1993–2023 · leading case: Am. Elec. Power Serv. Corp. v. Fed. Commc'ns Comm'n, 708 F.3d 183 (D.C. Cir. 2013).
Am. Elec. Power Serv. Corp. v. Fed. Commc'ns Comm'n, 708 F.3d 183 (D.C. Cir. 2013). “” 47 C.F.R. § 1.1410 (a)(3). The Commission argues that petitioners have waived their challenge by failing to raise the issue before the agency, but under United Church of Christ v.”
Greater Media, Inc. v. Dep't of Pub. Utils., 614 N.E.2d 632 (Mass. 1993). “” 47 C.F.R. § 1.1410 (c) (1991). 18 Greater Media contends that, since the department is required to “determine and enforce reasonable rates,” 19 it should have granted refunds back to 1984 when the rates were first applied.”
Pub. Serv. Co. v. Fed. Commc'ns Comm'n, 328 F.3d 675 (D.C. Cir. 2003). “It simply decided that an agreement’s rate (unauthorized attachment charges), term (application to drop poles), and condition (concerning credits for overpayments) were unjust and unreasonable, and authorized modifications pursuant to 47 C.F.R. § 1.1410 . 3 Moreover, if there…”
Verizon PA LLC & Verizon North LLC v. PA PUC (Pa. Commw. Ct. 2023). “4 (a) (incorporating 47 C.F.R. §1.1410 ). The PUC incorrectly rejected FirstEnergy’s evidence rebutting the presumptive inputs for calculating the New Telecom Rate simply because the evidence was prepared for litigation.”
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