1
 So in original. Probably should be “nondiscriminatory”.
basis where there is insufficient capacity and for reasons of safety, reliability and generally applicable engineering purposes.
Editorial Notes
Amendments

1996—Subsec. (a)(1). Pub. L. 104–104, § 703(1), inserted first sentence and struck out former first sentence which read as follows: “The term ‘utility’ means any person whose rates or charges are regulated by the Federal Government or a State and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for wire communication.”

Subsec. (a)(4). Pub. L. 104–104, § 703(2), inserted “or provider of telecommunications service” after “system”.

Subsec. (a)(5). Pub. L. 104–104, § 703(3), added par. (5).

Subsec. (c)(1). Pub. L. 104–104, § 703(4), inserted “, or access to poles, ducts, conduits, and rights-of-way as provided in subsection (f),” after “conditions”.

Subsec. (c)(2)(B). Pub. L. 104–104, § 703(5), substituted “the services offered via such attachments” for “cable television services”.

Subsec. (d)(3). Pub. L. 104–104, § 703(6), added par. (3).

Subsecs. (e) to (i). Pub. L. 104–104, § 703(7), added subsecs. (e) to (i).

1994—Subsec. (b)(2). Pub. L. 103–414 substituted “The Commission” for “Within 180 days from February 21, 1978, the Commission”.

1984—Subsec. (c)(3). Pub. L. 98–549 added par. (3).

1982—Subsec. (e). Pub. L. 97–259 struck out subsec. (e) which provided that, upon expiration of 5-year period that began on Feb. 21, 1978, provisions of subsec. (d) of this section would cease to have any effect.

Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment

Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.

Effective Date

Section effective on thirtieth day after Feb. 21, 1978, see section 7 of Pub. L. 95–234, set out as an Effective Date of 1978 Amendment note under section 152 of this title.