20250903Proposed Rule 31.27.01 - RULES GOVERNING POLE ATTACHMENTS AUG2025.pdf

000. LEGAL AUTHORITY
Section 61-538, Idaho Code.
001. SCOPE
These Rules apply to all pole attachments by a provider of telecommunications service,
broadband, or cable services company.
002. DEFINITIONS
As used in these rules:
01. Application. The application request as required by an agreement between the
pole owner and attaching entity.
02.Attaching Entity. A provider of telecommunications, broadband, or cable
services with or seeking pole attachments. A single attaching entity shall include
multiple subsidiaries from the same parent company.
03.Commission. The Idaho Public Utilities Commission.
04.Coordination Between Attaching Entities. A requesting attaching entity's
communication or coordination with other attaching entities for completion of
make-ready work.
05.Make-Ready Work. Work required to prepare a pole for a new or modified
attachment, including rearrangements or pole replacements.
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 at or below 34.5 kV, which
includes transmission poles where existing distribution is under built.
08.Pole Owner. A public utility that owns or controls poles used for attachments.
09.Unauthorized Attachment.A pole attachment installed without the pole owner's
authorization.

003. TIMELINES FOR PERMITING PROCESS
Pole Attachment Timelines
Pole Access Phase Regular Orders Mid-Sized Orders Large Orders
Under 100 pole l 01 —500 501 — 1,500
attachment pole pole
requests attachment attachment
requests requests
Application 10 business 10 business 10 business
Completeness days days days
Review
Application re- 8 business days 10 business 15 business
review days days
Survey/Review on 45 calendar 60 calendar 90 calendar
Merits days days days
Make-Ready 14 calendar 14 calendar 29 calendar
Estimate days after days after days after
survey survey survey
Communications 30 calendar 75 calendar 120 calendar
Space Make- days after days after days after
Ready attaching entity attaching attaching
payment of entity entity
make-ready payment of payment of
estimate make-ready make-ready
estimate estimate
Above Comms 90 calendar 135 calendar 180 calendar
Make-Ready days after days after days after
(Electric Space) attaching entity attaching attaching
payment of entity entity
make-ready payment of payment of
estimate make-ready make-ready
estimate estimate

Multiple pole attachment requests from an attaching entity during any 30-day period will
be counted toward the number of pole attachment requests in the table above.
An attaching entity shall provide a pole owner advanced written notice at least 60 days
prior to submitting a Large or above large order and shall provide advanced written
notice at least 15 days prior to submitting a Mid-Sized order associated with a single-
network deployment. The notice shall include the attaching entity's contact information,
description of the proposed deployment area, anticipated route and build-out schedule,
and a request for a meet and confer within 30 calendar days for Large or above large
orders and within 10 days for Mid-Sized orders associated with a single-network
deployment to negotiate in good faith the mechanics and timing by which such orders
will be processed.
004. NON-DISCRIMINATORY ACCESS TO POLES; DENIAL OF ACCESS
(a)A pole owner shall provide nondiscriminatory access to any pole, duct, conduit,
owned or controlled by it to any provider of telecommunications service, broadband, or
cable services company. A pole owner may require an attaching entity to execute a pole
attachment agreement consistent the duties to provide non-discriminatory access as set
forth by Section 5 of this chapter and upon just and reasonable rates, terms, and
conditions, if the pole owner requires all other attaching parties to execute such an
agreement.
(b)Notwithstanding section(a) above, a pole owner may deny access on a non-
discriminatory basis where there is (i) insufficient capacity(space and/or load on a pole;
(ii) for reasons of safety, reliability, or generally applicable engineering purposes; (iii) the
attaching entity's uncured violations of the applicable pole attachment agreement or these
rules; or(iv) failure to meet standardized credit requirements demonstrating the financial
health of an attaching entity. If access is not granted within the timelines contained in
Section 4, the utility must confirm the denial in writing by the applicable deadline. The
pole owner's denial of access shall include all relevant documentation and information
supporting its denial, and if it is unclear, shall explain how such documentation and
information relate to a denial of access for reasons stated above.
005. MAKE-READY WORK
(a) To the extent pole owners need additional time for make-ready work to allow for
deviations to make-ready deadlines for good and sufficient cause that renders it infeasible

for the pole owner to complete make-ready within the time limits specified in this
section.
Good and sufficient cause includes, but is not limited to permitting delays, lack of
coordination between attaching entities, work moratoriums, pole owner capacity to
process requests to attach, engineering complexity, lack of qualified contractors to
perform work, or stop work orders for wildfire, or other safety risks. Each pole owner
shall determine if make-ready work or attachment cannot be completed and if it deviates
from the timeframes in Section 4, the pole owner shall notify the new attaching entity and
affected existing attaching entities with (1) identification of the affected poles, (2) an
explanation of the reason for the deviation, and (3) an estimated new completion date.
The pole owner shall deviate from the time limits specified in this rule for a period no
longer than is reasonably necessary under the circumstances to complete make-ready on
the affected poles and shall resume make-ready when it returns to routine operations.
(b) If a pole owner cannot meet the timeframes for attachment established by this rule,
the pole owner and attaching entity shall meet and select a mutually acceptable third
party for make-ready work. Any third party must meet the pole owner's safety and
qualification requirements.
006. ENFORCEMENT AND UNAUTHORIZED ATTACHMENTS
For attachments made without a pole attachment agreement,unauthorized attachments
may be fined five hundred dollars ($500)per attachment,paid to pole owner. For
attachments made without a pole attachment, pole owners may remove unauthorized or
abandoned attachments at the attaching entity's expense.
007. TIME FOR DECISION; APPLICABLE RULES OF PROCEDURE UNDER
61-538(3)
Whenever a public utility and any provider of telecommunications service, broadband, or
cable services companies are unable to agree upon pole attachments as regulated by the
Commission under 61-538, the Commission will follow the timeframes set forth in
IDAPA 31.01.01.151 and the procedural rules adopted in IDAPA 31.01.01.152.