20251003October 2025 Idaho Administrative Bulletin.pdf

RECEIVED
OCTOBER 3, 2025
IDAHO PUBLIC
UTILITIES COMMISSION
IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.27.01 — RULES GOVERNING POLE ATTACHMENTS
DOCKET NO. 31-2701-2501 (NEW CHAPTER)
NOTICE OF RULEMAKING— PROPOSED RULE
AUTHORITY. In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has
initiated proposed rulemaking procedures.The action is authorized pursuant to Section 61-538,Idaho Code.
PUBLIC HEARING SCHEDULE:A public hearing concerning this rulemaking will be held as follows:
Thursday, October 16,2025
10:00 a.m. (NIT)
Idaho Public Utilities Commission
11331 W. Chinden Blvd.
Building 8,Suite 201-A
Boise,Idaho 83714
Phone Call-in:
Phone number: 1-415-655-0001
Meeting number: 2870 917 0949
The hearing site(s)will be accessible to persons with disabilities.Requests for accommodation must be made not
later than five(5)days prior to the hearing,to the agency address below.
DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the
proposed rulemaking:
These rules apply to all pole attachments by a provider of telecommunications service, broadband, or cable
services company.
FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased:N/A.
FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state
General Fund greater than ten thousand dollars($10,000)during the fiscal year as a result of this rulemaking:N/A.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was
conducted. The Notice of Intent to Promulgate Rules-Negotiated Rulemaking was published in the August 6, 2025
Idaho Administrative Bulletin,Vol.25-8 pages 177-178.
INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief
synopsis of why the materials cited are being incorporated by reference into this rule:N/A.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance
on technical questions concerning the proposed rule, contact Stephen Goodson at [phone]. Documents
relating to this rulemaking can be found on the Commission's website at RUL-U-25-01.
Anyone may submit written comments regarding this proposed rulemaking. All written comments must be
directed to the undersigned and must be delivered on or before October 22,2025.
Idaho Administrative Bulletin Page 379 October 1,2025—Vol.25-10

IDAHO PUBLIC UTILITIES COMMISSION Docket No. 31-2701-2501
Rules Governing Pole Attachments Proposed Rulemaking
DATED this 29th day of August,2025.
Monica Barrios-Sanchez,Commission Secretary
[e-mail]
Idaho Public Utilities Commission
11331 W.Chinden Blvd.,Bldg. 8, Ste 201-A
Boise,ID 83714
P.O.Box 83720
[phone] Office
[phone] Fax
THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO.31-2701-2501
(New Chapter)
31.27.01 — RULES GOVERNING POLE ATTACHMENTS
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 thirty-four point 5 kilovolt(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. ( )
Idaho Administrative Bulletin Page 380 October 1,2025—Vol.25-10

IDAHO PUBLIC UTILITIES COMMISSION Docket No. 31-2701-2501
Rules Governing Pole Attachments Proposed Rulemaking
09. Unauthorized Attachment.A pole attachment installed without the pole owner's authorization.
003.—009. (RESERVED)
010. TIMELINES FOR PERMITTING PROCESS.
Pole Attachment Timelines
Pole Access Phase Regular Orders Mid-Sized Orders Large Orders
Under 100 pole 101 —500 pole 501 —1,500 pole
attachment requests attachment requests attachment requests
Application Completeness 10 business days 10 business days 10 business days
Review
Application re-review 8 business days 10 business days 15 business days
Survey/Review on Merits 45 calendar days 60 calendar days 90 calendar days
Make-Ready Estimate 14 calendar days 14 calendar days 29 calendar days
after survey after survey after survey
Communications Space 30 calendar days after 75 calendar days after 120 calendar days after
Make-Ready attaching entity payment of attaching entity payment of attaching entity payment of
make-ready estimate make-ready estimate make-ready estimate
Above Comms Make- 90 calendar days after 135 calendar days after 180 calendar days after
Ready(Electric Space) attaching entity payment of attaching entity payment of attaching entity payment of
make-ready estimate make-ready estimate make-ready 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 fifteen(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 thirty(30)calendar days for Large or above large orders and within ten(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.
Idaho Administrative Bulletin Page 381 October 1,2025—Vol.25-10

IDAHO PUBLIC UTILITIES COMMISSION Docket No. 31-2701-2501
Rules Governing Pole Attachments Proposed Rulemaking
Oil.—019. (RESERVED)
020. NON-DISCRIMINATORY ACCESS TO POLES—DENIAL OF ACCESS.
01. Owner/Provider Agreement to Access.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 030 and upon just and reasonable rates,terms,
and conditions,if the pole owner requires all other attaching parties to execute such an agreement. ( )
02. Denial to Access.Notwithstanding Subsection 020.01 above, a pole owner may deny access on a
non-discriminatory basis where there is: ( )
a. Insufficient capacity(space and/or load on a pole); ( )
b. For reasons of safety,reliability,or generally applicable engineering purposes; ( )
C. The attaching entity's uncured violations of the applicable pole attachment agreement or these
rules;or ( )
d. Failure to meet standardized credit requirements demonstrating the financial health of an attaching
entity. ( )
03. Documentation to Support Denial. If access is not granted within the timelines contained in
Section 004, 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. ( )
021.—029. (RESERVED)
030. MAKE-READY WORK.
01. Time Limits Infeasible. 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. ( )
02. Good and Sufficient Cause.Good and sufficient cause includes,but is not limited to: ( )
a. Permitting delays; ( )
b. Lack of coordination between attaching entities; ( )
C. Work moratoriums; ( )
d. Pole owner capacity to process requests to attach; ( )
e. Engineering complexity; ( )
f. Lack of qualified contractors to perform work;or ( )
g. Stop work orders for wildfire,or other safety risks. ( )
03. Determination and Notification. Each pole owner shall determine if make-ready work or
attachment cannot be completed and if it deviates from the timeframes in Section 010,the pole owner shall notify the
new attaching entity and affected existing attaching entities with: ( )
Idaho Administrative Bulletin Page 382 October 1,2025—Vol.25-10

IDAHO PUBLIC UTILITIES COMMISSION Docket No. 31-2701-2501
Rules Governing Pole Attachments Proposed Rulemaking
a. Identification of the affected poles; ( )
b. An explanation of the reason for the deviation;and ( )
C. An estimated new completion date. ( )
04. Resume Routine Operations. 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. ( )
05. Selection of a Mutually Acceptable Third Party.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.
031.—039. (RESERVED)
040. ENFORCEMENT AND UNAUTHORIZED ATTACHMENTS.
For attachments made without a pole attachment agreement:
01. Fine. Unauthorized attachments may be fined five hundred dollars ($500)per attachment,paid to
pole owner. ( )
02. Removal. Pole owners may remove unauthorized or abandoned attachments at the attaching
entity's expense. ( )
041.—049. (RESERVED)
050. TIME FOR DECISION—APPLICABLE RULES OF PROCEDURE UNDER SECTION 61-538(3),
IDAHO CODE.
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 Section 61-538, Idaho Code, 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. ( )
051.—999. (RESERVED)
Idaho Administrative Bulletin Page 383 October 1,2025—Vol.25-10