PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
GENERAL ORDER NO. 264
In the Matter of Adopting and Implementing Trench
Sharing Rules, 150 C.S.R. 40.
GENERAL ORDER NO. 261.1
In the Matter of Revisions to the Rules for the Government
of Pole Attachments, 150 C.S.R. 38.
NOTICE OF RULEMAKING AND COMMENT PERIOD
On April 10, 2021, during the 2021 Regular Session, the West Virginia Legislature passed House Bill 2002, with an effective date of May 27, 2021 (HB 2002). By Order issued on June 16, 2022, the Public Service Commission of West Virginia issued proposed Rules for the Government of Pole Attachments, (Pole Attachment Rules) 150 C.S.R. 38, new sections 15 and 16; and, proposed Trench Sharing Rules (new series 40, 150 C.S.R. 40).
HB 2002 enacted new Article 2E “Dig Once Policy” of Chapter 17 “Roads and Highways.” W. Va. Code §17-2E-5(d). The new Code section requires the Commission to adjudicate disputes between telecommunications carriers arising under W. Va. Code §17-2E-5(c). Section 17-2E-5(c) provides that all executed trench sharing agreements shall outline each telecommunications carrier’s responsibilities and financial obligations.
HB 2002 also added new paragraphs in W. Va. Code §31G-4-4 requiring the Commission to promulgate rules to address abandoned cable, conductor, and related facilities attached to utility poles. The proposed Pole Attachment Rules govern the regulation and removal of non-owned pole attachments and facilities, which will be subject to the jurisdiction of the Public Service Commission pursuant to W. Va. Code §31G-4-4, and subject to regulation under 47 U.S.C. §224, commonly referred to as the Pole Attachment Act and the regulations promulgated thereunder at 47 C.F.R §§1.1401-1.1415.
Anyone interested may obtain a copy of the Commission Order and the proposed Pole Attachment Rules and Trench Sharing Rules on the Commission’s website (www.psc.state.wv.us) or by request to the Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, WV 25323. Please reference General Order Nos. 261.1 and 264.
Written comments on the Proposed Pole Attachment Rules may be filed with the Commission Executive Secretary, according to this schedule:
Deadline for written initial comment,
4:00 p.m., July 18, 2022.
Deadline for written reply comments,
4:00 p.m., August 1, 2022.
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
June 21