20250826Comment_1.pdf

From:William Geibel Jr<[e-mail]>
Sent:Tuesday, August 26, 2025 8:33 AM
To: secretary<[e-mail]>
Cc: Bill Geibel<[e-mail]>; Heather Stratford <[e-mail]>
Subject: Case No. RUL-U-25-01
Dear Secretary,
As President of Wired or Wireless (WOW), I am reaching out to comment on pole
attachment rules being considered by the Idaho Public Utilities Commission (IPUC). WOW
has been embroiled in a contentious dispute with Avista over pole attachments,
highlighting systemic issues like delays, incorrect cost formulas against FCC guidelines
and utility overreach that affect all attachers in Idaho.
Presently, the Idaho Cable Broadband Association's draft rules favor utilities—I hope that
cable attachers comments can help to make the rules moving forward equitable and
ensure these rules protect our rights, align more closely with FCC standards, and promote
efficient broadband deployment.
I've prepared the following bullet-point comments from a pole attacher's perspective,
centered on key concerns like reciprocal cost recovery, notice periods for unauthorized
attachments, greater reliance on FCC rules, and following FCC guidelines on overlashing
not requiring permits and make ready delays. These are tied to sections 5, 6, and 7.
• Section 5(Permit Applications and 509Make-Ready Work):Allow overlashing of
additional wires or cables to existing attachments without requiring new permits or
make-ready work, consistent with FCC rules under 47 CFR §1.1411 that promote
efficient upgrades; this would prevent utilities from imposing unnecessary delays
and costs on attachers seeking to expand broadband without structural changes.
• Section 5(Permit Applications and Make-Ready Work): Idaho should lean more
heavily on FCC timelines and standards from 47 U.S.C. § 224 and 47 CFR §1.1411
for all permit and make-ready processes, minimizing state-specific extensions that
utilities exploit to hinder access; enforce these federal rules strictly to ensure
reciprocity and protect attachers from heavy-handed denials.
• Section 6(Cost Recovery): Make cost recovery fully reciprocal by requiring utilities
to reimburse attachers for any costs incurred due to utility delays, errors, or
overreach in make-ready work, inspections, or audits; limit utility recovery to
verifiable actual costs with mandatory itemized transparency, preventing inflated
charges and ensuring fairness under FCC-aligned principles.
• Section 6(Cost Recovery):Align pole replacement cost allocation more closely
with FCC rules, ensuring attachers are not burdened with costs from utility
upgrades or normal wear; introduce reciprocity where utilities must share in costs if
their actions necessitate replacements, fostering balanced incentives for all parties.

• Section 7(Enforcement and Unauthorized Attachments): Implement a
mandatory 60-day notice period for unauthorized attachments, during which
attachers can cure issues without penalties, before any fines ($500 per attachment
plus $50 per day) or removals are enforced; this provides due process and prevents
utilities from using punitive measures as bullying tactics against smaller providers.
• Section 7(Enforcement and Unauthorized Attachments): Strengthen alignment
with FCC enforcement standards by capping penalties and requiring utilities to
prove harm before removal; add reciprocity clauses where utilities face similar
penalties for denyingvalid attachments, ensuring the rules don't disproportionately
favor pole owners.
I greatly appreciate your consideration to the above comments.
Sincerely,
Bill, Jr.
William B. Geibel, Jr.
President
Wired or Wireless, Inc.
17813 EApplewayAvenue
Spokane Valley, WA 99016
Tel: [phone]
Fax: [phone]
Mobile: [phone]
[e-mail]
www.wow-tel.com
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