20250808Staff Hybrid Draft.pdf

000. LEGAL AUTHORITY(RULE 0).
These rules are promulgated pursuant to Section 61-538, Idaho Code.
001. SCOPE(RULE 1).
This chapter governs pole attachments for telecommunications, broadband, or
cable service providers to poles owned by public utilities, excluding poles with
electric lines rated above 34.5 kilovolts (kV).
002. INCORPORATION BY REFERENCE (RULE 2).
01.Timeline for access to utility poles.Available at:47 CFR §1.1411
(Timeline for access to utility poles)
003. DEFINITIONS(RULE 3).
As used in these rules:
01. Actual Costs.All costs incurred to perform work specified in pole
attachment agreements including materials, labor, engineering, supervision,
and overhead.
02. Attaching Entity.A provider of telecommunications, broadband, or cable
services with or seeking pole attachments.
03. Commission.The Idaho Public Utilities Commission.
04. Make-Ready Work.Work required to prepare a pole for a new or modified
attachment, including rearrangements or pole replacements.
O5. Overlash.The tying of additional wire or cable to an existing attachment.
06. Permit.A written or electronic authorization from the pole owner to install a
pole attachment.
07. Pole.A utility pole used for electric distribution under 34.5 kV.
08. Pole Attachment. Defined under Idaho Code § 61-538(1)(c).
09. Pole Owner.A public utility that owns or controls poles used for
attachments.
10. Safety Inspection. An inspection to verify compliance with applicable
codes and standards.
11. Unauthorized Attachment.An attachment installed without the pole
owner's authorization.

004. TIMELINES AND FEDERAL RULE ADOPTION (RULE 4).
These rules incorporate by reference the permitting timelines in 47 U.S.C. §224 and
47 CFR §1.1411 (Timeline for access to utility poles), adopted by the Federal
Communications Commission (FCC) on July 24, 2025. The Commission shall
initiate rulemaking upon any revision to those FCC rules. Disputes regarding pole
attachment rates, terms, or conditions shall be resolved by the Commission within
thirty(30) days, unless the Commission extends its period for considering the
application, complaint, or petition an additional thirty(30) days plus five (5) months
and, for good cause shown on the record, an additional sixty(60) days as permitted
under Idaho law.
005. PERMIT APPLICATIONS AND MAKE-READY WORK(RULE 5).
Attaching entities must submit complete applications specifying location, type,
physical characteristics, and schedule. Pole owners must respond to applications
for fewer than one hundred (100) poles within one hundred twenty(120) days. For
one hundred (100) or more, parties shall agree on a schedule. Make-ready
estimates shall be provided within sixty(60) days of permit approval and work
completed within one hundred twenty(120) days of payment.
006. COST RECOVERY(RULE 6).
Pole owners may require prepayment for administrative, engineering, and make-
ready work. Attaching entities must reimburse for actual costs of work, inspections,
and post-installation audits. Pole replacement costs are borne by the requesting
party unless caused by normal wear or system upgrades.
007. ENFORCEMENT AND UNAUTHORIZED ATTACHMENTS(RULE 7).
Unauthorized attachments may be fined five hundred dollars ($500) per attachment
and fifty dollars ($50) per day. Pole owners may remove unauthorized or abandoned
attachments at the attaching entity's expense.
008. TECHNICAL STANDARDS(RULE 8).
All attachments shall comply with the National Electrical Safety Code (NESC),
National Electrical Code (NEC), Telcordia Blue Book, Occupational Safety and
Health Administration (OSHA), and pole owner's engineering standards. The stricter
standard applies in case of conflict.

009. DISPUTE RESOLUTION (RULE 9).
Disputes will be resolved by the Commission pursuant to IDAPA 31.01.01. A party
advocating for terms outside of these rules bears the burden of proving they are fair,
just, and reasonable.