20250808Utility Proposed Rule Draft.pdf

Purpose,Applicability and Scope
.000 LEGAL AUTHORITY(RULE 0)
The rules contained herein are promulgated pursuantto, and in accordance with, section 61-538(5),
Idaho Code.
.001 SCOPE (RULE 1)
These rules apply to pole attachments for the transmission of telecommunications,broadband or cable service to
the poles owned by one or more public utilities. These rules do not apply to any pole bearing electric lines with
a voltage rating above 34.5 W, access to which may be denied by the pole owner for any reason.
.002 NEGOTIATED AGREEMENTS (RULE 2)
Nothing in these rules prohibits or shall be construed to prohibit public utilities and attaching entities from entering
into a negotiated pole attachment agreements that differ from the terms and conditions set forth in these rules.
.003 DEFINITIONS (RULE 3)
As used in these rules:
.01 Actual costs.Actual costs means all costs incurred to perform work specified in pole attachment
agreements and these rules including, but not limited to, the cost of materials and equipment, direct and indirect
labor, engineering, design, supervision, and overhead.
.02 Attaching entity.Attaching entity means a provider of telecommunications service,broadband,
or cable service, as those terms are either separately defined or defined within the "pole attachment" definition
in section 61-538(1), Idaho Code, which has or seeks to install pole attachments on poles owned in whole or in
part by one or more pole owner.
.03 Make-ready work. Make-ready work means engineering and construction activities necessary
to make a pole available for new or modified pole attachments including, but not limited to, rearrangements or
removals of attached facilities, pole replacements, transfers, and other associated work.
.04 NEC. NEC means the National Electrical Code published by the National Fire
Protection Association.
.05 NESC. NESC means the American National Standards Institute's National
Electrical Safety Code published by The Institute of Electrical and Electronics Engineers, Inc.
.06 Overlash; Overlashing. Overlash or overlashing means the tying of any additional
wire or cable to an entity's existing wire or cable that are already attached to a pole.
.07 Permit. Permit means the written or electronic record by which a pole owner
authorizes an attaching entity to install one or more pole attachments.
.08 Pole. Pole means a pole, or similar structure that is used for electric distribution by a
pole owner.
.09 Pole attachment. Pole attachment has the meaning described in section 61-
538(1)(c), Idaho Code.

.10 Pole attachment agreement. Pole attachment agreement means a written agreement
negotiated in good faith between a pole owner and an attaching entity establishing the rates, terms,
and conditions for the attaching entity's pole attachments to one or more of the pole owner's poles.
.11 Pole attachment audit. Pole attachment audit means any audit done at the option of
the pole owner to count the number of pole attachments by one or more attaching entities.
.12 Pole owner. Pole owner means the public utility that owns, or controls poles to which
pole attachments are or may be installed.
.13 Public utility.Public utility has the same meaning as that term is defined in section 61-129,
Idaho Code.
.14 Safety inspection. Safety inspection means any inspection done at the option of the
pole owner to verify an attaching entity's compliance with laws, codes, regulations, standards, or
other authorities applicable to the attaching entity's pole attachments to the pole owner's poles.
.15 Transfer. Transfer means removing pole attachments from one pole and placing
them on another pole, which typically is a replacement pole.
.16 Unauthorized attachment. Unauthorized attachment means any affixation of any
pole attachment or other equipment of any nature to any pole which has not been previously
authorized by the pole owner pursuant to these rules or a pole attachment agreement.
ACCESS AND REMOVAL RULES
Rules 100 through 199
100. POLE ATTACHMENT AGREEMENTS (RULE 100)
Prior to making any pole attachment, an attaching entity shall have an executed pole attachment
agreement. Any pole attachments made without an executed pole attachment agreement are
unauthorized attachments and subject to removal, fines, and other remedies detailed elsewhere in
these rules.
101. POLE ATTACHMENT APPLICATIONS (RULE 101)
O1. Permits Required. Attaching entities shall also obtain a permit from the pole owner
prior to making each pole attachment or overlash. Pole attachments and overlashing made without a
permit from the pole owner are unauthorized attachments and are subject to removal, fines, and
other provisions detailed elsewhere in these rules.
02. Pole Attachment Permit Applications. Applications for pole attachment permits
shall be made in writing to the pole owner. Applications are complete when the applicant provides
the information below as part of a permit application:
a. The location of the pole(s) where access is requested;
b. The amount of space requested;

c. The number and type of pole attachment(s);
d. The physical characteristics of the pole attachment(s), including, to the extent
applicable, weight, height, width;
e. The proposed route(s);
f. Proof of easement or other property right, if requested;
g. The proposed schedule for construction;
h. The purpose of the pole attachment(s) and/or the services to be supported by or
provided via the pole attachment(s); and
i. Any other information requested by the pole owner that is reasonably necessary
for the pole owner to evaluate and process the pole attachment request, including
without limitation a pole loading study at the attaching entity's expense to verify that
the proposed pole attachment will not create or exacerbate an excessive pole loading
condition.
03. Overlashing Applications.Applications for overlashing permits shall be made in writing to the
pole owner. Applications are complete when the applicant provides the information below as part of a permit
application:
a. The location of the pole(s) where access is requested;
b. The physical characteristics of the pole attachment(s) on which the overlashing is to be
tied, including, to the extent applicable, weight, height, width;
C. The physical characteristics of the overlashing to be tied to the existing pole
attachment(s), including, to the extent applicable, weight, height, width;
d. The proposed route(s);
e. The proposed schedule for construction;
f. The purpose of the overlashing and/or the services to be supported by or
provided via the overlashing;and
g. Any other information requested by the pole owner that is reasonably
necessary for the pole owner to evaluate and process the overlashing request,
including without limitation a pole loading study at the attaching entity's expense to
verify that the proposed overlashing will not create or exacerbate an excessive pole
loading condition.
.04. Payment. Pole owners may require payment from attaching entities in advance for
the administrative, survey, and engineering work necessary to process the attaching entity's permit
application and provide an estimate for make-ready work. If a pole owner performs work for, or
supplies materials to, an attaching entity, the attaching entity shall compensate a pole owner for the
actual costs of such work and materials.

.05 Application Review. After a pole owner accepts a complete permit application, the
timing of the pole owner's review shall vary based upon the number of pole attachments requested
by the attaching entity within any single calendar month. The pole owner shall review and issue its
approval, approval with modification, or denial of a permit application as follows:
a. For applications totaling less than 100 pole attachments, the pole owner shall
approve, approve with modifications, or deny the application within 120 days;
b. For applications totaling 100 or more pole attachments, the pole owner and
attaching entity shall negotiate a mutually satisfactory time frame for review, and the
pole owner shall approve, approve with modifications, or deny the application within
such time frame.
.06 Denial. Pole owners may deny access for a pole attachment permit requested by an attaching
entity: (i)where there is insufficient capacity (e.g., where the space on which the pole attachments would be
located is reserved by the pole owner for capacitor banks, reclosers, transformers, or other equipment necessary
for its core utility service); (ii) for reasons of safety, reliability, or generally applicable engineering purposes;
(iii)the attaching entity's uncured violations of any applicable pole attachment agreement or these rules; or(iv)
for financial instability that indicates an attaching entity may be unable to maintain the ongoing safety of their
pole attachments.
102. POLE ATTACHMENT WORK(RULE 102)
.01 Make Ready Process. The pole owner shall identify the make-ready work necessary to
accommodate the proposed pole attachments, and provide a cost estimate of the make-ready work, within 60
days from the date of approval of the pole attachment permit application. Within 15 days of receipt of the make-
ready work estimate from the pole owner, the attaching entity shall either pay or reject the estimate. If the
make-ready work estimate is not timely paid or rejected, the permit application is deemed withdrawn. Unless
otherwise specified in the pole attachment agreement, or rendered impossible or impractical due to
circumstances beyond the pole owner's control, make-ready work shall be commenced within 30 business days
from payment of the make-ready work estimate, and shall be completed in a timely manner and at a reasonable
cost, as follows:
a. for permit applications totaling 100 poles or less in any single calendar month,
within 120 days after the date payment is received; or
b. for applications totaling more than 100 poles in any single calendar month,the
parties shall negotiate a mutually satisfactory time period for completion of the make-ready work
covered by the peal itapplications.
C. Unanticipated Circumstances. If delays arise that are beyond the pole owner's control,
including,but not limited to, local government permitting, landowner approval, adverse weather conditions,
preexisting safety violations, customer outages, or material shortages, and such delays require additional time to
complete the mark-ready work, the pole owner will promptly notify the attaching entity and any other affected
occupants with existing attachments on the applicable poles of the reason for the extension and date by which
the pole owner will complete the work.
d. Attaching entities must install their pole attachments within 120 days of notice of
completion of the make-ready work associated with those poles. Pole owners may cancel, and require the
resubmission of, any application for which an attaching entity's facilities are not timely installed.

e. Attaching entities shall reimburse pole owners for the actual costs associated with post-
installation inspections of pole attachments.
02. Priority of Utility Service. Because pole owners construct, maintain, and own the poles, pole
owners may, without qualification, reserve space on their own poles or facilities for future provision of their
services. If an attaching entity has pole attachments located in any such reserved space, then, within 60 days of
written notice that the reserved space is needed by the pole owner, the attaching entity occupying the reserved
space must vacate the reserved space at the attaching entity's expense.
.03 Attaching Entity Responsibilities.
a. Attaching entity shall have a pole attachment agreement with the pole owner that
establishes the rates, terms, and conditions for pole attachments on the poles of the pole owner.
b. Attaching entity shall place, transfer, and rearrange its pole attachments on poles in
accordance with the standards in Rule 7, and shall place guys and anchors to counter any unbalanced load
caused by its pole attachments on a given pole. Attaching entity shall execute all work promptly, safely, and in
such a manner as to not interfere with any existing attachments on a pole.
C. Attaching entity shall place and have in effect all anchors and guys prior to the
installation of pole attachments.
d. Attaching entities shall pay for and perform any vegetation and tree trimming or cutting
that is necessary to install or maintain its pole attachments. Vegetation around communication lines must not
pose a foreseeable danger to the pole nor to other facilities of the pole owner on the pole.
e. If a pole owner requests that an attaching entity(1) complete a transfer; (2) bring the pole
attachment(s) into compliance with applicable laws, codes, rules, regulations, standards, or other applicable
authorities; (3) comply with the terms of a pole attachment agreement; or(4) satisfy any other obligation under
these rules or the applicable pole attachment agreement, and the attaching entity fails to perform such work
within 30 days of notice from the pole owner, then the pole owner shall have the right to perform the work
without notice, without incurring any liability to the attaching entity or any third party, and the pole owner's
actual costs incurred in performing such work shall be reimbursed by the attaching entity. The pole owner shall
further have the right to collect the associated costs from any previously paid deposit, letter of credit, surety
bond, or other performance assurance provided by the attaching entity, if provided under the terms of the pole
attachment agreement.
.04 Pole Attachment Audits and Safety Inspections.Attaching entities must pay for any pole
attachment audits or safety inspections conducted by pole owners. The costs associated with a pole attachment
audit shall be paid by the attaching entities whose pole attachments are being audited. The costs associated with
a safety inspection shall be paid by the attaching entities whose pole attachments are being inspected, and each
affected attaching entity shall pay a portion of the inspection costs based upon its share of the total violations
found during the inspection.
.05 Emergency Modifications and Removals. Pole owners shall have the discretion,but not the
obligation, to immediately remove or modify pole attachments without notice if removal or modification is
required or prudent due to imminent danger to life or property. Pole owners shall have the discretion to restore
the facilities at the attaching entity's cost after the imminent danger has been alleviated, or alternatively to not
restore the facilities but inform the attaching entity within ten(10) days of the removal or modification of the
need to restore the facilities.

.06 Unauthorized Attachments and Abandoned Attachments. In the interest of preserving the
integrity, safety, and reliability of the power grid and its infrastructure, the pole owner may take one or more of
the following actions:
a. assess a fine of$500 per unauthorized attachment;
b. require the attaching entity to remove its unauthorized attachments and abandoned pole
attachments within 30 days from notification, and later assess a fine of$50 per day per pole for each day
thereafter that the unauthorized attachment or abandoned pole attachment has not been removed;
C. require the attaching entity to submit an application for any unauthorized attachment
within 30 days as if the attachment were not already affixed to the pole, and later assess a fine of$50 per day
per pole for each day thereafter that such application has not been submitted; and
d. remove the unauthorized attachments and abandoned pole attachments itself at the
attaching entity's expense, and without any liability to the attaching entity or to any third party.
.07 Standards and Specifications; Repairs.
a. At a minimum,pole attachments and overlashing shall be installed and
maintained in accordance with the NESC and NEC; the Telcordia(Blue Book) and subsequent
revisions thereof, the Occupational Safety and Health Act (OSHA); these rules; and the pole
owner's engineering and design standards.
b. If there is a conflict between the standards and specifications in subsection
(a), the more stringent standards and specifications shall apply.
C. Upon receiving actual or constructive notice that its pole attachment or
overlashing is in violation of the above-referenced standards and specifications, an attaching entity
shall: (i) immediately repair any such violation at its expense if the violation poses an imminent
danger to life or property; or(ii)repair any such violation at its expense within 30 days if the
violation does not pose an imminent danger to life or property, or within such longer period to the extent
that the attaching entity demonstrates to the pole owner's satisfaction that extraordinary circumstances
exist preventing such timely correction.
d. If the attaching entity does not timely correct any such violation specified in
subsection (c), the pole owner may take one or more of the following actions: (i) assess a fine of
$500 per uncorrected violation; (ii) assess a fine of$50 per violation per day for each day such
violation remains uncorrected; and(iii) correct the violation at the attaching entity's expense and
without any liability to the attaching entity or to any third party. If a pole owner has a pole
attachment agreement with an attaching entity that imposes fines or other sanctions that differ from
those set out in these rules, then the fines or other sanctions set forth in the pole attachment
agreement shall apply unless the pole owner and attaching entity agree otherwise in writing. Any
actions taken under this section by the pole owner do not create liability for the pole owner or
transfer the attaching entity's liability to the pole owner.
e. If an attaching entity has existing violations at the time these rules are
implemented, any prior notice to the attaching entity shall entitle the pole owner to assess fines as
described in this section.

.08 Double Poles and Decommissioned Poles
a. Attaching entities shall transfer or remove their pole attachments from any
poles that are replaced by the pole owner within 60 days of being notified of the pole owner's
replacement, or within such other time specified in the applicable pole attachment agreement.
b. Unless otherwise specified in a pole attachment agreement, attaching entities
shall remove their pole attachments from any poles that are decommissioned by the pole owner
within 60 days of being notified of the pole owner's decommissioning of such poles, or within such
shorter period of time that a landowner or government entity may require.
.09 Pole Replacement Costs
a. When an entity requires a new pole to accommodate a new or additional
attachment or facility, such entity shall pay the actual cost of replacing such pole, including the cost
of removing the existing pole, less any salvage value, and of transferring existing attachments
(including those of pole owner)to the new pole.
b. When an existing pole must be replaced for safety or reliability reasons as a
result of normal wear and tear or other natural causes, and not as the result of existing pole
attachments or the actions of any other third parry, the pole owner shall be responsible for the cost
of replacing such pole.
103. INDEMNIFICATION (RULE 103).
To address the liability created by pole attachments,pole owners may require attaching entities to (i) indemnify
the pole owner against claims arising out of or caused by the attaching entity or its agents, employees,
contractors, or subcontractors with respect to the erection, operation, maintenance, presence, use, repair,
rearrangement, or removal of attaching entity's pole attachments or the proximity of attaching entity, its agents,
employees, contractors, or subcontractors on or in the vicinity of the pole owner's poles, except to the extent
caused by the pole owner's gross negligence or intentional misconduct; and(ii) maintain adequate insurance to
cover such potential liabilities.
104. COMPLAINTS (RULE 104).
Disputes concerning pole attachments shall be resolved by the commission following the rules of procedure set
forth in IDAPA 31.01.01. In the event of a dispute regarding any compliance or non-compliance with the
standards and specifications applicable to pole attachments to utility poles, either party may submit an inquiry
form or application to the commission. In the event of disputes submitted for commission resolution related to
pole attachments, any party advocating for terms or conditions in a pole attachment agreement that vary from
these rules bears the burden to prove those terms or conditions are fair,just, reasonable, and do not negatively
impact rates and service for electric utility customers.