20250815Written Summary August 2025.pdf

IDAPA 31.41.01 RECEIVED
August 15, 2025
NEGOTIATED RULEMAKING—WRITTEN SUMMARY IDAHO PUBLIC
UTILITIES COMMISSION
Pursuant to 67-5220(3) the Idaho Public Utilities Commission (IPUC) provides the following
written summary of unresolved issues, key information considered, and conclusions reached
during and as a result of the negotiated rulemaking in Case No. RUL-U-25-01.
Background
House Bill 180a was passed and singed into law during the 2025 Legislature. Idaho Code was changed to read
as follows:
61-538(5) The commission shall establish rules, subject to legislative approval, relating to the timing of the
permitting process for pole attachments.
Procedural overview
At its August 5, 2025 decision meeting, the Commission directed Commission Staff(Staff)to
submit the necessary forms to publish a Notice of Negotiated Rulemaking in the Administrative
Bulletin.
A Commission docket was subsequently opened, and the Notice of Negotiated Rulemaking was
published in the August 7, 2025 Administrative Bulletin. The Notice of Negotiated Rulemaking
scheduled a public meeting for August 12, 2025 and explained how written comments could be
submitted.
August 12, 2025 negotiated rulemaking meeting
The negotiated rulemaking meeting was attended by Commission Staff,regulated electric utilities,
various broadband and cable providers and other interested parties. Parties participated both in
person and via Webex.
Key Discussion Points
Federal Communication Commission(FCC) Rule Incorporation
• Broadband industry: Supports adopting FCC timelines (47 CFR §1.1411) for consistency and faster
deployment.
• Utilities: Oppose direct adoption legislative intent, safety concerns, workload limits.
Timeline/Tier Structure
• FCC tiers: Regular(<300 poles), Mid-size (301-3,000), Large (3,001-6,000).
• Utilities propose smaller Regular tier(<100 poles) to manage workload.
• Aggregation of multiple applications within 30 days to prevent"gaming" supported by both sides.
Safety& One Touch Make Ready (OTMR)
• Utilities: Cite wildfire risk, overloaded poles, backlog of safety violations.
• Broadband: OTMR applies only to simple make-ready and still requires utility approval.

• Possible adoption of Oregon-style safety provisions benefiting both utilities and attachers.
Wildfire Risk Areas
• Utilities want extended timelines or restrictions in medium/high wildfire consequence zones.
• Possible FCC-style "good cause" deviation language for delays.
Capacity Constraints
• Utilities: Staffing shortages make tight timelines hard to meet during surges in applications.
• Broadband: Suggest self-help contractors; utilities concerned about quality/training.
• Potential carve-out for capacity limits, with required justification.
Legislative Scope & Cost Recovery
• Legislative mandate focuses on permitting timelines.
• Utilities want cost recovery in rules; others suggest handling in contracts or rate cases.
Next Steps/Action Items
1. Review Oregon, Washington, Utah rules for possible regional alignment.
2. Retain FCC table/tier format; Idaho-specific numbers.
3. Include carve-outs for:
o Wildfire/high consequence zones
o Utility capacity limits (with justification)
4. Drafting team: Julia Hilton(Idaho Power) & Ron Williams (Idaho Cable & Broadband Association).
o Draft due to IPUC staff.Aug. 20, 2025
o Proposed rule filed with DFM:Aug. 29, 2025
o Publish in Oct. 1, 2025 Bulletin; comment deadline Oct. 22, 2025
5. Goal: Legislative review in 2026 session; missing deadlines pushes to 2027.