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HomeMy WebLinkAbout20250808Idaho Cable and Broadband Association Draft.pdf IDAPA 31.01.01.151 454. TIMETABLE FOR DECISION—TELECOMMUNICATIONS, BROADBAND, OR CABLE POLE ATTACHMENT PROCEEDINGS (RULE 151) Whenever a public utility, as defined in Section 61-538, Idaho Code, and a provider of telecommunications service, broadband, or cable services company, as defined in Section 61- 538, Idaho Code, are unable to agree upon the rates, terms, or conditions for pole attachments or the terms, conditions, or cost of production of space needed for pole attachments, and either the public utility or the provider of telecommunications service, broadband, or cable services company files an application, complaint, or petition asking the Commission to establish and regulate rates, terms, or conditions, the Commission shall decide the case within thirty(30) days; provided, the Commission shall have the right,upon reasonable notice, to enter upon a hearing concerning the propriety of such proposed rate, term, or condition and to extend 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. IDAPA 31.01.01.152 152. RULES OF PROCEDURE TO BE USED (RULE 152) These Rules of Procedure apply to all proceedings concerning the rates, terms, or conditions for telecommunications, broadband or cable pole attachments,provided, that any such proceeding, whether denominated an application, complaint or petition, shall be processed according to the timetables of Rule 151 and Rule 153. IDAPA 31.01.01.153 153. ADOPTION OF FEDERAL COMMUNICATIONS COMMISSION TIMELINES FOR ACCESS TO UTILITY POLES (RULE 153) (a) Incorporation by Reference. This rule incorporates and adopts the terms and conditions related to the timing of the permitting process for access to and use of utility poles, ducts, conduits and rights-of-way to the full extent provided for in 47 U.S.C. § 224 and 47 CFR §1.1411 (Timeline for access to utility poles), adopted by the Federal Communications Commission on July 24, 2025. (b)Not later than 60 days after the effective date of any amendment to 47 CFR §1.1411, the Commission shall issue a notice of intent to promulgate rules through negotiated rulemaking to adopt the latest revised version of the materials this rule incorporates by reference.Pursuant to Section 67-5223(4), Idaho Code, the Commission shall prepare for inclusion with the filing of the proposed rule change a brief written synopsis that details the substantive differences between the previously incorporated material and the latest revised version of the incorporated material being proposed for incorporation by reference. - 1 - 59382.0001.4900-1606-9463.1