CHAPTER En
1300 UTILITY POLE ATTACHMENTS
REVISION NOTE:
Document
#13497, effective 12-1-22, adopted Chapter En 1300 titled “Utility Pole Attachments.” Document #13497 was adopted pursuant to RSA
374:34-a on pole attachments, as amended by 2021, 91:271, effective 7-1-21, to
the extent of the provisions under the authority of the Department of Energy.
Pursuant to 2021, 91:187, effective 7-1-21,
the Department of Energy was established by the adoption of RSA 12-P. Pursuant to RSA 12-P:11, “All of the functions,
powers, duties, records, personnel, and property of the public utilities
commission incorporated in the statutes establishing the department of energy and
which replace the authority of the commission with the authority of the
department of energy, are hereby transferred, as of July 1, 2021, to the
department of energy.”
Pursuant to RSA 12-P:14, “Existing
rules, orders, and approvals of the public utilities commission which are
associated with any functions, powers, and duties, transferred to the
department of energy pursuant to RSA 12-P:11 or any other statutory provision, shall
continue in effect and be enforced by the commissioner of the department of
energy until they expire or are repealed or amended in accordance with
applicable law.”
The Public Utilities Commission had readopted
with amendments Chapter Puc 1300 titled “Utility Pole
Attachments” in Document #13498, also effective 12-1-22. Several rules were deleted, including the former
Part Puc 1303 titled “Access to Poles.” The former Part Puc 1303
was the basis for most of Part En 1303 titled “Access to Poles” in Document
#13497. But En 1303.12 titled “Make-Ready
Work Timelines” and the timelines
required by 2021, 198, effective 10-9-21, were new.
The prior filings
affecting the deleted rules in the former Part Puc 1303 included the following documents:
#9703, INTERIM, effective 1-17-08 (deleted
rules Puc 1303.01-Puc 1303.04)
#9614, effective 12-12-09 (all deleted
rules in Puc 1303)
#12574, effective 9-1-18 (all deleted
rules in Puc 1303)
PART En 1301 PURPOSE, APPLICABILITY, AND SCOPE
En 1301.01 Purpose. The purpose of En 1300, pursuant to the
mandate of RSA 374:34-a, is to ensure that that terms, and conditions for pole
attachments are nondiscriminatory, just, and reasonable. Rules regarding the resolution of disputes and
the setting of rates for pole attachments under specific circumstances are set
forth in chapter Puc 1300 adopted by the public utilities
commission.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En
1301.02 Applicability.
(a)
En 1300 shall apply to:
(1)
Public utilities within the meaning of
RSA 362:2, including rural electric cooperatives for which a certificate of
deregulation is on file pursuant to RSA 301:57, that own, in whole or in part,
any pole used for wire communications or electric distribution;
(2) Providers of “VoIP service” or “IP-enabled
service,” as such terms are defined in RSA 362:7, I, to the extent provided in
RSA 362:7, II and III(d) and (e); and
(3) Attaching entities with facilities attached
to such poles, or seeking to attach facilities to such
poles.
(b)
Nothing in this rule shall be construed to supersede, overrule, or
replace any other law, rule, or regulation, including municipal and state authority
over public highways pursuant to RSA 231:159, et seq.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
PART
En 1302 DEFINITIONS
En 1302.01 “Attaching entity” means a natural person or
an entity with a statutory or contract right to attach a facility of any type
to a pole, including, but not limited to, telecommunications providers, cable
television service providers, incumbent local exchange carriers, excepted local
exchange carriers, wireless service providers, information service providers,
electric utilities, and governmental entities.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.02 “Boxing” means the placement of lines or
cables on both the road side and the field side of a
pole.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.03 “Commission” means the New Hampshire public
utilities commission.
Source.
#13497, eff
12-1-22 (see Revision Note at chapter heading for En 1300)
En 1302.04 “Communications space” means the lower usable
space on a pole, which typically is reserved for low-voltage communications
equipment.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.05 “Complex make-ready” means transfers and work
within the communications space that would be reasonably likely to cause a service
outage(s) or facility damage, including work such as splicing of any communications
attachment or relocation of existing wireless attachments. Any
and all wireless activities, including those involving mobile, fixed,
and point-to-point wireless communications and wireless internet service
providers, are considered complex.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.06 “Excepted local exchange carrier” means “excepted
local exchange carrier” as defined in RSA 362:7, I (c), namely “(1) An incumbent local exchange carrier providing
telephone services to 25,000 or more lines; or (2) An incumbent local exchange carrier providing
service to less than 25,000 lines that elects to be excepted, upon the filing
with the commission of a written notice advising of said election; or (3) Any provider of telecommunications services that
is not an incumbent local exchange carrier.”
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.07 “Extension arm(s)” means a bracket attached
to a pole to provide support for cables or wires at a distance from the pole.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.08 “Facility” means the lines, cables, wireless
antennas, and any accompanying appurtenances attached to a pole for the
transmission of electricity, information, telecommunications, or video
programming for the public or for public safety purposes.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.09 “Federal Communications Commission (FCC)” means
the U.S. government agency established by the Communications Act of 1934 and
charged with regulating interstate and international communications by radio,
television, wire, satellite, and cable.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.10 “Make-ready work” means all work, including,
but not limited to, rearrangement or transfer of existing facilities,
replacement of a pole, complete removal of any pole replaced, or any other
changes required to accommodate the attachment of the facilities of the party
requesting attachment to the pole.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.11 “New attaching entity” means an attaching
entity requesting to attach new or upgraded facilities to a pole owned or
controlled by a utility.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.12 “Overlash” means
the tying or lashing of an attaching entity’s additional fiber optic cables, or
similar incidental equipment such as fiber-splice closures, to the attaching entity’s
own existing communications wires, cable, or supporting strand already attached
to poles.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.13 “Pole” means “pole” as defined in RSA 374:34-a,
I, namely “any pole, duct, conduit, or right-of-way that is used for wire
communications or electricity distribution and is owned in whole or in part by
a public utility, including a rural electric cooperative for which a
certificate of deregulation is on file with the commission pursuant to RSA
301:57.”
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.14
“Simple make-ready” means make-ready work where existing
attachments in the communications space of a pole could be transferred without
any reasonable expectation of a service outage or facility damage, and
which does not require splicing of any existing communications attachment or
relocation of any existing wireless attachment.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.15 “Usable space” means the space on a pole above
the minimum grade level which can be used for the attachment of wires, cables,
and associated equipment, and which includes space occupied by the pole owner
or owners, and, with respect to any conduit, the term means capacity within a
conduit system which is available, or which could, with reasonable effort and expense,
be made available, for the purpose of installing wires, cable and associated
equipment for telecommunications or cable services, and which includes capacity
occupied by the pole owner or owners.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1302.16 “Utility” means a “public utility” as defined
in RSA 362:2, including a rural electric cooperative for which a certificate of
deregulation is on file with the commission pursuant to RSA 301:57.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
PART
En 1303 ACCESS TO POLES
En
1303.01 Access Standard.
(a)
Except as otherwise provided in (b) and (c) below, the owner or owners of
a pole shall provide attaching entities access to such pole on terms that are consistent
with the standards set forth in RSA 374:34-a.
Such access shall include wireless facility attachments, including those
above the communications space on the pole.
(b)
Notwithstanding the obligation set forth in (a) above, the owner or
owners of a pole shall deny a request for attachment to such pole:
(1) If there is insufficient capacity on the pole;
(2) For reasons of safety, reliability, or
generally applicable engineering purposes; or
(3) If the pole owner(s) does not possess the
authority to allow the proposed attachment.
(c)
The owner or owners of the pole shall not deny a requested attachment
under subsection (b)(1) or (b)(2) above if other make-ready work or another
alternative is identified that would accommodate the additional attachment.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.02 Owner Obligation to Negotiate. The owner or owners of a pole shall, upon the
request of a person entitled to access under these rules seeking a pole attachment,
negotiate in good faith with respect to the terms and conditions for such
attachment.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.03 Requestor Obligation to Negotiate. A person entitled to access under these rules
seeking a pole attachment shall contact the owner or owners of the pole and
negotiate in good faith and execute an agreement for such attachment. A prospective attaching entity may submit a
request for access to a utility’s poles pursuant to En 1303.04 prior to
negotiating and executing a pole attachment agreement with the pole owner or
owners.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.04 Request for Access and Response Requirements.
(a)
Requests for access to a utility’s poles, whether made before or after
negotiation and execution of a pole attachment agreement, shall be in writing
and include information necessary under the pole owner’s procedures to schedule
a survey of the poles.
(b)
Absent circumstances beyond the pole owner’s control, such as force majeure, a survey of poles shall
be completed and the results communicated to the applicant seeking to attach
within 45 days, or within 60 days, in the case of larger orders as described in
En 1303.12(e), of receiving a completed application and survey fee.
(c)
Pole owners shall grant or deny access in writing within the number of
days allowed for completion of the survey, as specified in (b) above. The pole owner’s denial of access shall be
specific, shall include all relevant evidence and information supporting its
denial, and shall explain how such evidence and information represent grounds
for denial as specified in En 1303.01.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.05 Authorization Required. No person shall attach facilities to a pole
without a license or similar authorization in writing from the pole owner or
owners prior to attaching such facilities.
No person shall perform any make ready-work in
connection with any request for access to a pole without having executed an
agreement for such attachment, in accordance with En 1303.03.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.06 Notification.
(a) The owner or owners of a pole shall provide written
notice to an attaching entity not less than 60 days prior to:
(1) Removing any of that person’s facilities;
(2) Increasing any annual or recurring fees or rates
applicable to the pole attachment; or
(3)
Modifying the facilities other than as part
of routine maintenance or in response to an emergency.
(b)
Except as otherwise provided in En 1303.04 and En 1303.12 with respect
to access and make-ready work, attaching entities shall provide written notice
to the owner or owners of a pole not less than 60 days prior to:
(1) Modifying an existing attachment other than
as part of routine maintenance, in response to an emergency, or to install a customer
drop line;
(2) Increasing the load or weight on a pole by
adding to an existing attachment, other than:
a. As part of routine maintenance;
b. In response to an emergency;
c. To install an overlash;
or
d. To install a customer drop line;
or
(3) Changing the purpose for which an existing
attachment is used.
(c)
An existing attaching entity shall provide written notice to the pole
owner or owners of its intent to overlash a minimum
of 5 days prior to installing an overlash. An existing attaching entity shall provide written
notice of an overlash to the pole owner or owners
within 10 days after installing the overlash.
(d)
Separate and additional attachments shall be subject to pole attachment application
and licensing processes.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.07 Installation and Maintenance.
(a)
All attachments shall be installed in accordance with the National Electrical
Safety Code, 2017 edition, available as specified in Appendix B, the National
Electrical Code as adopted in RSA 155-A:1, IV, and the SR-1421 Blue Book – Manual of Construction
Procedures, Issue 6, Telcordia Technologies, Inc., an Ericsson company (2017),
available as specified in Appendix B, and in accordance with such other
applicable standards and requirements specified in the pole attachment agreement.
(b)
The attaching entity shall install and maintain its attachments so as to prevent interference with service furnished by the pole
owner or owners and any other attaching entity.
(c)
If a pole or existing attachment is not in compliance with applicable standards
and codes and is required to be brought into compliance before a new attachment
can be added, the cost of bringing that pole or existing attachment into
compliance shall not be assessed to or imposed on the entity seeking to add a
new attachment.
(d)
Neither the cost to remove a duplicate pole that was not removed when a
pole was replaced earlier, nor the cost to complete other work started before
the make-ready work, shall be assessed to or imposed
on the entity seeking to add a new attachment.
(e)
An overlash shall not be deemed an attachment
and an attaching entity shall have the right to install an overlash
subject to the notification provisions of En
1303.06(c).
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.08 Labeling of Attachments. The attaching entity shall clearly label its
attachments with the attaching entity’s identification.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.09 Location of Attachments.
(a)
No attaching entity shall be denied attachment solely because a wireless
facility is to be located above the communications space on a pole.
(b)
No attaching entity shall be denied attachment solely because the only
space available for attachment on a pole is below the lowest attached facility.
(c)
If the owner of the lowest facility chooses to relocate its existing
facilities to a lower allowable point of attachment so that a new attachment shall
be located above that owner’s existing facilities, that owner shall bear 60
percent of the cost of relocation and the new attaching entity shall bear the
remaining 40 percent of the cost of relocation, except if and to the extent that
En 1303.07(c) is applicable.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.10 Boxing of Poles.
(a)
A pole owner may restrict the practice of boxing poles, consistent with
the restrictions it places on its own practice of boxing poles as defined in
the company’s written methods and procedures or as actually implemented by the
company in the normal course of its business.
Such boxing shall be safely accessible by bucket trucks, ladders, or
emergency equipment and otherwise consistent with the requirements of applicable
codes, including the National Electrical Safety Code, available as specified in
Appendix B.
(b)
Boxing shall be permitted only with express, written authorization by
the pole owner. Pole owners shall grant
or deny permission to use boxing, in writing, within the time
period specified in En 1303.04(b), or within 30 days of receiving a
request not made in connection with an application for attachment.
(c)
At the request of the attaching entity, an owner’s denial of the use of
boxing shall be specific, shall include all relevant information supporting its
denial, and shall explain how such information supports denial.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.11 Use of Extension Arms.
(a)
A pole owner shall allow limited, reasonable use of extension arms by
attaching entities for purposes of clearing obstacles or improving alignment of
attachment facilities, consistent with the restrictions it places on its own
practice of using extension arms as defined in the company’s written methods and
procedures or as actually implemented by the company in the normal course of
its business.
(b)
Under no circumstances shall extension arms be used to avoid tree
trimming requirements. Any use of
extension arms shall be consistent with the requirements of applicable codes,
including the National Electrical Safety Code, available as specified in
Appendix B.
(c)
Extension arms shall be permitted only with express, written
authorization by the pole owner. Pole
owners shall grant or deny permission to use extension arms, in writing, within
the time period specified in En 1303.04(b), or within
30 days of receiving a request not made in connection with an application for
attachment.
(d)
At the request of the attaching entity, an owner’s denial of use of
extension arms shall be specific, shall include all relevant information
supporting its denial, and shall explain how such information supports denial.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En 1303.12 Make-Ready Work Timelines.
(a) If a request for access is granted, the pole
owner shall present to the prospective attaching entity an estimate of charges
to perform all necessary make-ready work within 14 days of completing the survey
required by En 1303.04, or in the case where a prospective attaching entity's
contractor has performed a survey, within 14 days of receipt by the pole owner
of such survey.
(b) Upon presentation of the estimate of charges to perform make-ready work:
(1) A pole owner shall not withdraw an outstanding
estimate until 14 days after the estimate is presented; and
(2) An attaching entity may accept an outstanding
estimate and make payment any time after receipt of an estimate but before the
estimate has been withdrawn.
(c) Upon receipt of payment specified in (b)(2)
above, a pole owner shall notify immediately and in writing all known entities
with existing attachments that might be affected by the make-ready work, as
follows:
(1) For attachments in the communications space,
the notice shall:
a. Specify where and what make-ready work shall
be performed;
b. Specify the order in which existing attaching
entities shall perform their make-ready work;
c. Set a date for completion of make-ready work
that is no later than 60 days after notification is sent, or 105 days in the
case of larger orders, as described in En 1303.12(e) below, subject to
extension by 30 days as specified in d. below;
d. For an application involving more than 100
poles where 30% or more of the affected poles are required to be replaced, the
pole owner may extend the completion date by an additional 30 days;
e. State that any entity with an existing
attachment shall only modify the attachment consistent with the specified
make-ready work before the date set for completion;
f. State that the pole owner may assert its
right to 15 additional days to complete any outstanding make-ready work, provided
that the delay in completion of that make-ready work was caused by the actions
or inactions of a third party attaching entity who had
received timely notice that its make-ready work could be performed;
g. State that if make-ready work is not completed
by the completion date set by the pole owner, or if the pole owner has asserted
its 15-day right of control, 15 days later, the attaching entity requesting
access may complete the specified make-ready work; and
h. State the name, telephone number, and e-mail
address of a person to contact for more information about the make-ready work
procedure; and
(2) For wireless attachments above the communications
space, the notice shall:
a. Specify where and what make-ready work shall
be performed;
b. Set a date for completion of make-ready work
that is no later than 90 days after notification is sent, or 135 days in the
case of larger orders, as described in En 1303.12(e) below;
c. State that any entity with an existing
attachment shall only modify the attachment consistent with the specified make-ready
work before the date set for completion;
d. State that the pole owner may assert its right
to 15 additional days to complete any outstanding make-ready work, provided
that the delay in completion of that make-ready work was caused by the actions
or inactions of a third party attaching entity who had
received timely notice that its make-ready work could be performed; and
e. State the name, telephone number, and e-mail
address of a person to contact for more information about the make-ready work
procedure.
(d) For attachments in the communications space,
a pole owner shall ensure that make-ready work shall be completed by the date
set by the pole owner in (c)(1)c above, or if the pole owner has asserted its
15-day right of control, 15 days later.
For wireless attachments above the communications space, a pole owner
shall ensure that make-ready work is completed by the date set by the pole
owner in (c)(2)b above, or if the pole owner has asserted its 15-day right of
control, 15 days later.
(e) For the purposes of compliance with the time
periods in this section:
(1) A pole owner shall apply the timeline
described in En 1303.04 and in (a) through (c) above to all requests for pole
attachment up to the lesser of 300 poles or 0.5 percent of the pole owner's poles
in a state;
(2) A pole owner may add 15 days to the survey
period described in En 1303.04 to larger orders up to the lesser of 2,000 poles
or 4 percent of the pole owner’s poles in the state;
(3) A pole owner may add 45 days to the make-ready
work periods described in (c) above to larger orders up to the lesser of 2,000
poles or 4 percent of the pole owner’s poles in the state;
(4) A pole owner shall negotiate in good faith
the timing of all requests for pole attachments larger than the lesser of 2,000
poles or 4 percent of the pole owner’s poles in a state; and
(5) A pole owner may treat multiple requests from
a single attaching entity as one request when the requests are filed within 30
days of one another.
(f) A pole owner shall only deviate from the time
limits specified in this section:
(1) Before offering an estimate of charges if the
parties have not yet entered into an agreement pursuant to En 1303.03 specifying
the rates, terms, and conditions of attachment; or
(2) During performance of make-ready work under
circumstances that render it infeasible for the pole owner to complete the make-ready
work within the prescribed time frame, provided that:
a. A pole owner that so deviates shall
immediately notify, in writing, the attaching entity requesting attachment and
other affected entities with existing attachments, stating the reason for and
the date and duration of the deviation; and
b. The pole owner shall deviate from the time
limits specified in this section for a period no longer than necessary and
shall resume make-ready work performance without discrimination when it returns
to routine operations.
(g) If a pole owner fails to
respond as specified in En 1303.04, an attaching entity requesting attachment
in the communications space may, as specified in (i)
through (l) below, hire a contractor to complete a survey.
(h) If make-ready work is not
completed by the pole owner or an existing attaching entity by the date
specified in (c)(1)c above, an attaching entity requesting attachment in the communications
space may, as specified in (i) through (l) below,
hire a contractor to complete the outstanding make-ready work, and written notice
of such contractor engagement shall be provided to the pole owner and each
affected attaching entity, as of the time specified below:
(1)
Immediately, if the pole owner has
failed to assert its right to perform outstanding make-ready work by notifying
the attaching entity requesting attachment that the pole owner shall do so; or
(2) After 15 days if the pole owner has asserted
its right to complete outstanding make-ready work by the date specified in
(c)(1)c above and has failed to complete all such make-ready work.
(i) A pole owner
shall make available, and keep up-to-date, a list of not less than 3 contractors
that such pole owner, and any joint pole owner, authorizes to perform surveys and
make-ready work in the communications space on its poles in cases where the
pole owner or an existing attaching entity has failed to meet the deadlines specified
in En 1303.04 and in (a) through (h) above or pursuant to En 1303.13.
(j) If an attaching entity hires a contractor for
purposes specified in (g) or (h) above or pursuant to En 1303.13, it shall
choose from among the pole owners’ list of authorized contractors.
(k) An attaching entity that hires a contractor
for purposes specified in (g) or (h) above or pursuant to En 1303.13 shall provide
a pole owner with an opportunity for its representative to accompany and
consult with the authorized contractor and the attaching entity.
(l)
For purposes of survey, the electric
utility pole owner’s representative shall make final determinations where there
is insufficient capacity and for reasons of safety, reliability, and generally applicable
engineering purposes.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
En
1303.13 One-Touch Make-Ready Option.
(a) For attachments involving simple make-ready,
new attaching entities may use the process described in this section in lieu of
the attachment process described in En 1303.12(c)-(f).
(b)
A new attaching entity electing the one-touch make-ready work process shall
elect the one-touch make-ready work process in writing in its attachment application
and shall identify the simple make-ready that it shall perform.
(c) The new attaching entity shall ensure that its
contractor determines whether the make-ready work requested in an attachment
application is simple make-ready.
(d) The pole owner shall review the new attaching
entity’s attachment application for completeness before reviewing the
application on its merits.
(e) An attachment application shall be considered
complete if it provides the pole owner with the information necessary under its
procedures, as specified in a master service agreement or in publicly-released
requirements at the time of submission of the application, to make an informed
decision on the application.
(f)
With respect to any such application:
(1) A pole owner shall have 10 business days after
receipt of a new attaching entity’s attachment application in which to
determine whether the application is complete and notify the attaching entity
of that decision;
(2) If the pole owner does not respond within 10
business days after receipt of an application submitted under (1) above, or if
the pole owner rejects the application as incomplete but fails to specify any
reasons in the application, then the application shall be deemed complete;
(3) If the pole owner timely notifies the new
attaching entity that its attachment application is not complete, then the pole
owner shall specify all reasons for finding it incomplete;
(4) The new attaching entity may resubmit an
application to the pole owner, which resubmitted application need only address
the pole owner’s specified reasons for finding the application incomplete and
such resubmitted application shall be deemed complete within 5 business days after
its resubmission, unless the pole owner specifies to the new attaching entity
which reasons were not addressed and how the resubmitted application did not
sufficiently address those reasons; and
(5) The applicant may follow the resubmission procedure
described in (4) above as many times as it chooses, provided that, in each case,
it makes a bona fide attempt to correct the reasons identified by the pole
owner, and in each case the deadline set forth in (4) shall apply to the pole owner’s
review.
(g)
The pole owner shall review on the merits a complete application
requesting one-touch make-ready and respond to the new attaching entity either
granting or denying the application within 15 days of the pole owner’s receipt
of a complete application, or within 30 days in the case of larger orders as
described in (4) below.
(h)
With respect to any such complete application:
(1) If the pole owner denies the application on
its merits, then its decision shall be specific, shall include all relevant
evidence and information supporting its decision, and shall explain how such
evidence and information relate to a denial of access for reasons of lack of
capacity, safety, reliability, or engineering standards;
(2) Within the 15-day application review period, or
within 30 days in the case of larger orders as described in (4) below, a pole owner
may object to the designation by the new attaching entity’s contractor that
certain make-ready work is simple make-ready, and in such a case, the make-ready
work shall be deemed to be complex make-ready;
(3) The pole owner’s objection shall be final and
determinative, provided that the objection shall be specific and in writing, includes
all relevant evidence and information supporting the decision, is made in good
faith, and explains how such evidence and information relate to a determination
that the make-ready work is not simple make-ready; and
(4) For purposes of this subsection (h), “larger
orders” shall mean those orders up to the lesser of 3,000 poles or 5 percent of
the pole owner’s poles in the state.
(i) The new attaching
entity shall be responsible for all surveys required as part of the one-touch
make-ready process and shall use a contractor as specified in En 1303.12(i)-(k).
(j) The new attaching entity shall permit the
pole owner and any existing attaching entities on the affected poles to be
present for any field inspection conducted as part of the new attaching entity’s
surveys.
(k)
The new attaching entity shall use commercially
reasonable efforts to provide the pole owner and affected existing attaching
entities with prior notice of not less than 3 business
days of a field inspection as part of any survey and shall provide the
date, time, and location of the surveys and the name of the contractor performing
the surveys.
(l)
If the new attaching entity’s attachment application is approved and if
it has provided 15 days prior written notice of the make-ready work to the affected
pole owner and existing attaching entities, the new attaching entity shall proceed
with make-ready work using a contractor in the manner as specified in En 1303.12(i)-(k).
(m)
With respect to any such make-ready work:
(1) The prior written notice shall include the
date and time of the make-ready work, a description of the work involved, the name
of the contractor being used by the new attaching entity, and shall provide the
affected pole owner and existing attaching entities an opportunity to be
present for any make-ready work;
(2) The new
attaching entity
shall notify an affected pole owner or existing attaching entity immediately if
make-ready work damages the equipment of the pole owner or existing attaching
entity or causes an outage that is likely to interrupt the service of the pole
owner or existing attaching entity, upon receipt of which notice the affected
pole owner or existing attaching entity may either:
a. Complete any necessary
remedial work and bill the new attaching entity for the reasonable costs related
to fixing the damage; or
b. Require the new attaching entity to fix the damage
at its expense immediately following notice from the affected pole owner or
existing attaching entity; and
(3) In performing make-ready work, if the new attaching
entity or the pole owner determines that make-ready work classified as simple
is complex, then that specific make-ready work shall be halted and the determining
party shall provide immediate notice to the other party of its determination
and the affected poles, in which case the affected make-ready work shall then
be governed by En 1303.12(a) through (f) and the pole owner shall provide the
notice required by En 1303.12(c) as soon as practicable.
(n)
A new attaching entity shall notify the affected pole owner and existing
attaching entities within 15 days after completion of make-ready work on a
particular pole, which notice shall provide the affected pole owner and
existing attaching entities at least 90 days from receipt in which to inspect
the make-ready work.
(o) The affected pole owner and existing attaching
entities shall have 14 days after completion of their inspection to notify the
new attaching entity of any damage or code violations caused by make-ready work
conducted by the new attaching entity on their equipment.
(p) If the affected pole owner or an existing
attaching entity notifies the new attaching entity of any such damage or code
violations, then the pole owner or existing attaching entity shall provide
detailed and specific documentation describing the damage or code violations.
(q) With respect to any such damage or code
violations, the affected pole owner or existing attaching entity may either:
(1) Complete any necessary remedial work and bill
the new attaching entity for the reasonable costs related to fixing the damage
or code violations; or
(2) Require the new attaching entity to fix the
damage or code violations at its expense within 14 days following notice from
the affected pole owner or existing attaching entity.
Source. #13497, eff 12-1-22
(see Revision Note at chapter heading for En 1300)
APPENDIX
A
|
Rule |
Statute |
|
En 1300 |
RSA 374:3; RSA
374:34-a |
|
En 1301.01 |
RSA 374:3; RSA
374:34-a |
|
En 1301.02(a)(1) |
RSA 374:3; RSA
374:34-a |
|
En 1301.02(a)(2) |
RSA 362:7, I-III;
RSA 374:34-a |
|
En 1301.02(a)(3) |
RSA 374:3; RSA
374:34-a |
|
En 1301.02(b) |
RSA 374:3; RSA
374:34-a |
|
En 1302.01-1302.16 |
RSA 374:3; RSA
374:34-a |
|
En 1303.01-1303.12 |
RSA 374:3; RSA
374:34-a |
|
En 1303.13 |
RSA 374:3; RSA
374:34-a; 47 C.F.R. §1.1411(j) |
APPENDIX B: INCORPORATION BY REFERENCE INFORMATION
|
Rule |
Title (date) |
Source |
|
En
1303.07(a) |
National
Electrical Safety Code, 2017 Edition |
IEEE Standards
Association Available for
$210.00 (printed) or $190.00 (PDF) at: IEEE SA - Standards Store | IEEE C2-2017
(techstreet.com) |
|
En
1303.07(a) |
SR-1421
“Blue Book – Manual of Construction Procedures, Issue 6,” Telcordia Technologies,
Inc., an Ericsson company, 2017 Edition |
Telcordia
Technologies Ericsson Inc. Available
for (Click at bottom of page to request price quote) at: http://telecom-info.telcordia.com/site-cgi/ido/docs.cgi?ID=SEARCH&DOCUMENT=SR-1421& |