20251125Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: TAYLOR THOMAS
DATE: NOVEMBER 25, 2025
SUBJECT: HOUSE BILL 180A RE: POLE ATTACHMENTS
On April 14, 2025, the Governor signed House Bill 180a into law. House Bill 180a aims
to streamline the permitting process for Internet Service Providers to utilize right-of-way or utility
poles.
The bill codified on July 1, 2025, that the Idaho Public Utilities Commission
("Commission")"shall establish rules, subject to legislative approval, relating to the timing of the
permitting process for pole attachments."
On August 6, 2025, the Idaho Administrative Bulletin published the Commission's Notice
of Intent to Promulgate Rules for Rules Governing Pole Attachments. Subsequently, Commission
Staff("Staff') held a negotiated rulemaking meeting on August 12, 2025, with interested parties
on pole attachments.
On August 29,2025, Staff submitted the Proposed Rule 31.27.01 for Rules Governing Pole
Attachments for Publishing in the October Idaho Administrative Bulletin.
On October 16, 2025, the Commission held a Public Hearing regarding the Proposed Rule
that was prepared by Staff. Subsequently, Staff held a meeting with the Governor's Office, the
Division of Financial Management("DFM"), and interested parties to further refine the Proposed
Rule, in order to submit it to DFM as a Pending Rule.
Staff hereby submits a draft Pending Rule, with proposed changes to the language in the
initial Proposed Rule, based on feedback from interested parties, comments received, and
testimony from the Public Hearing. Staff has attached, in Exhibit 1, a clean version of the draft
DECISION MEMORANDUM - 1 - NOVEMBER 25, 2025

Pending Rule and, in Exhibit 2,a redline version showing the proposed changes between the initial
Proposed Rule and the draft Pending Rule.
SUMMARY OF THE DIFFERENCES BETWEEN THE PROPOSED RULE AND THE
DRAFT PENDING RULE
The draft Pending Rule:
• Adds a formal definition of "Good and Sufficient Cause" and significantly narrows its
scope.
• Adjusts all timelines to calendar days and shortens re-review periods.
• Adjusts Regular Order and Mid-Sized Order size by 50 poles.
• Reduces advance-notice burdens for Large orders and eliminates Mid-sized order advanced
notification.
• Narrows focus of rules to "timing of permitting process" and intent of legislature by
o Removing several grounds for denying access.
o Removes enforcement penalties for unauthorized attachments.
• Adds procedural clarity for deviation and third-party make-ready processes.
• Introduces a cleaner, more streamlined structure suitable for publication.
STAFF RECOMMENDATION
Staff recommends the Commission direct Staff to submit the proper paperwork to DIM
for publishing a Pending Rule to be presented to the Legislature during the 2026 Session.
COMMISSION DECISION
Does the Commission wish to approve Staff s recommendations?
Tayl Aomas
Adra nistrator
I:\Legal\z_RULES\RULU2501_Dec_tt.docx
DECISION MEMORANDUM - 2 - NOVEMBER 25, 2025

IDAHO PUBLIC UTILITIES COMMISSION Docket No. 31-2701-2501
Rules Governing Pole Attachments Pending Rulemaking
DATED this 19th day of November,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
00. LEGAL AUTHORITY.
Section 61-538,Idaho Code. ( )
01. SCOPE.
These rules apply to all pole attachments by a provider of telecommunications service,broadband,or cable services
company. ( )
02. DEFINITIONS.
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 TThomas-10312025
EXHIBIT 1
November 25, 2025, Decision Memorandum
Page 1 of 4

IDAHO PUBLIC UTILITIES COMMISSION Docket No. 31-2701-2501
Rules Governing Pole Attachments Pending Rulemaking
09. Unauthorized Attachment.A pole attachment installed without the pole owner's authorization.
10. Good and Sufficient Cause.Good and sufficient cause means:
a) Permitting delays outside the control of both parties;
b) Lack of coordination between attaching entities for make-ready work;
c) Stop work orders for wildfire operational restrictions;
d) Force majeure events;
e) Electrical safety risks;or
f) Violations of the applicable pole attachment agreement.
03. —009. (RESERVED)
10. TIMELINES FOR PERMITTING PROCESS.
01. Pole Attachment Timelines
Pole Access Phase Regular Orders Mid-Sized Orders Large Orders
Under 150 pole 151 —500 pole 501 —1,500 pole
attachment requests attachment requests attachment requests
Application Completeness 14 calendar days 14 calendar days 14 calendar days
Review
Application re-review 7 calendar days 7 calendar days 7 calendar 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
Idaho Administrative Bulletin Page 381 TThomas_10312025
EXHIBIT 1
November 25, 2025, Decision Memorandum
Page 2 of 4

IDAHO PUBLIC UTILITIES COMMISSION Docket No. 31-2701-2501
Rules Governing Pole Attachments Pending Rulemaking
Multiple pole attachment requests from an attaching entity during a calendar month will be counted toward the
number of pole attachment requests in the table above.
02. For Large or above large order,an attaching entity must provide a pole owner advanced written
notice at least fifteen(15)calendar days prior to submitting an application associated with a single-
network deployment.
The notice must include:
i. The attaching entity's contact information;
ii. Description of the proposed deployment area;and
iii. Anticipated route and build-out schedule.
03. For order sizes above larger orders,the notice must also include a request for a meet and confer within
thirty(30)calendar days of submitting an application or as may be mutually agreed upon by the parties.
11. —019. (RESERVED)
20. 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 will require an attaching entity to execute a pole attachment agreement consistent
with the duties to provide non-discriminatory access as set forth by Section 030 and upon just and reasonable rates,
terms,and conditions. ( )
02. Denial to Access. Notwithstanding Subsection 020.01 above, a pole owner may deny access on a
non-discriminatory basis: ( )
a. Where there is Insufficient capacity(space and/or load on a pole);or ( )
b. For reasons of safety,reliability,or generally applicable engineering purposes. ( )
03. Documentation to Support Denial. If access is not granted within the timelines contained in
Section 010, the utility must confirm the denial in writing by the Survey/Review on Merits deadline in Section 10.
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. ( )
21. —029. (RESERVED)
30. MAKE-READY WORK.
01. Time Limits Infeasible. If good and sufficient cause makes it infeasible to meet the timelines
specified in Section 10.,pole owners may deviate from the timelines established in this chapter for make-ready work.
02. Determination and Notification. Each pole owner must determine if make-ready work or
attachment cannot be completed.If deviations from the timeframes in Section 010 are necessary,the pole owner shall
notify the new attaching entity and affected existing attaching entities with: ( )
Idaho Administrative Bulletin Page 382 TThomas-10312025
EXHIBIT 1
November 25, 2025, Decision Memorandum
Page 3 of 4

IDAHO PUBLIC UTILITIES COMMISSION Docket No. 31-2701-2501
Rules Governing Pole Attachments Pending Rulemaking
a. Identification of the affected poles; ( )
b. An explanation of the reason for the deviation;and ( )
C. An estimated new completion date. ( )
03. 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. ( )
04. Selection of a Mutually Acceptable Third Party. If a pole owner cannot meet the timeframes for
attachment established by this rule,the pole owner must notify the attaching entity as soon as reasonably practicable
and conduct a meeting with the attaching entity within fifteen(15) calendar days or at a time mutually agreeable to
the parties. At the meeting,the parties will select a mutually acceptable third party for make-ready work.Any third
party must meet the pole owner's safety and qualification requirements.
31. —049. (RESERVED)
50. TIME FOR DECISION—APPLICABLE RULES OF PROCEDURE.
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. ( )
51. —999. (RESERVED)
Idaho Administrative Bulletin Page 383 TThomas_10312025
EXHIBIT 1
November 25, 2025, Decision Memorandum
Page 4 of 4

IDAHO PUBLIC UTILITIES COMMISSION Docket No.31-2701-2501
Rules Governing Pole Attachments Pending Rulemaking
DATED this 19th day ofNovember,2025.
Monica Barrios-Sanchez,Commission Secretary
Secretary puc.idaho.gov
Idaho Pub is 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 PENDING TEXT OF DOCKET NO.31-2701-2501
(New Chapter)
31.27.01—RULES GOVERNING POLE ATTACHMENTS
00. LEGAL AUTHORITY.
Section 61-538,Idaho Code. ( )
01. SCOPE.
These rules apply to all pole attachments by a provider of telecommunications service,broadband,or cable services
company. ( )
02. DEFINITIONS.
As used in these rule... ( )
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 TThomas-10312025
EXHIBIT 2
November 25, 2025, Decision Memorandum
Page 1 of 5

IDAHO PUBLIC UTILITIES COMMISSION Docket No.31-2701-2501
Rules Governing Pole Attachments Pending Rulemaking
09. Unauthorized Attachment.A pole attachment installed without the pole owner's authorization.
10. Good and Sufficient Cause.Good and sufficient cause means:
a) Permitting delays outside the control of both parties;
b) Lack of coordination between attaching entities for make-ready work;
c) Stop work orders for wildfire operational restrictions;
d) Force majeure events;
e) Electrical safety risks;or
0¢fl Violations of the applicable pole attachment agreement. Formatted
03. —009. (RESERVED)
10. TIMELINES FOR PERMITTING PROCESS Formatted:Font color:Auto,Not Expanded by/
10-- h Condensed by
01. Pole Attachment Timelines. _ _ _ _ _ Formatted:Font:10 pt,Bold
�� Formatted
Pole Access Phase Regular Orders Mid-Sized Orders Large Orders Formatted:Font:10 pt,Bold
Formatted:List Paragraph,Left,Right: 0",Space
Under 1500 pole 1591—500 pole 501—1,500 pole Before: 0 pt,Numbered+Level:2+Numbering Style:
attachment requests attachment requests attachment requests 01,02,03,...+Start at:1 +Alignment:Left+Aligned
at: 0.88"+Indent at: 1.13",Tab stops: 0.75",Left
Application Completeness 140 calendarbus{ness days 104 business calendar days 149 calendarb"GiR Ss days
Review
Application re-review 78 b fines^calendar days 7 calendar 10 business 7 calendar 15 bus'ness 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
Idaho Administrative Bulletin Page 381 TThomas-10312025
EXHIBIT 2
November 25, 2025, Decision Memorandum
Page 2 of 5

IDAHO PUBLIC UTILITIES COMMISSION Docket No.31-2701-2501
Rules Governing Pole Attachments Pending Rulemaking
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 dam periedcalendar month will be
counted toward the number of pole attachment requests in the table above.
An a4aehing entity shall pfevide a pele evffief a&afteed"t4en nefiee at least 60 da�s prior to stibmit4ing a Lafge e
above large ordeF and shall pmvide adva4wed wri#s4i 4iotioe at least fifteen(15)days prior to stibmit4ing a Mid Sized
efder asseeiated a single netw�, ��Ieyn+erA-. -The nefiee shall inelude the a4taehing entity's eentaet
iafortnation,description ofthe proposed deployment area,anticipated route and build out schedule,and a r quest for
a meet and eenfer within thifty(30)ealeadaF days for Lafge or above lafge orders andwithin ten(10)days fer Mid
Sized orders asseeiated with a single netw8r*deployment to fiegetiate in gead faith the meehanies and timing by
whieh such orders will be preeessed.
02. For Large or above large order,an attaching entity must provide a pole owner advanced written Formatted:Right: 0.25",Space Before: 4.2 pt,
notice at least fifteen 15)calendar days prior to submitting an application associated with a single- Numbered+Level:2+Numbering Style:01,02,03,...
network deployment. +Start at:1 +Alignment:Left+Aligned at: 0.88"+
The notice must include: Indent at: 1.13",Tab stops: 0.32",Left+Not at 0.52"
i. The attaching entity's contact information; . + 1.25"
ii. Description of the proposed deployment area;and Formatted:Indent:Left: 1"
Formatted:Indent:Left: 1.38"
i7iii. Anticipated route and build-out schedule.
04-.03. For order sizes above larger orders,the notice must also include a request for a meet and confer
within thirty(30)calendar days of submitting an application or as may be mutually greed upon by the
parties.
11. —019. (RESERVED)
20. 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 twill require an attaching entity to execute a pole attachment agreement consistent
with the duties to provide non-discriminatory access as set forth by Section 030 and upon just and reasonable rates,
terms,and conditions,if ( )
02. Denial to Access.Notwithstanding Subsection 020.01 above,a pole owner may deny access on a
non-discriminatory basis where a�.them ( )
a. Where there is(insufficient capacity(space and/or load on a pole)',or ( )
b. For reasons of safety,reliability,or generally applicable engineering purposes_; ( )
e. The a4taehing entity's uncured violations ofthe applicable pole attachment agfeement or these rules;
of
e"fit
03. Documentation to Support Denial. If access is not granted within the timelines contained in
Idaho Administrative Bulletin Page 382 TThomas-10312025
EXHIBIT 2
November 25, 2025, Decision Memorandum
Page 3 of 5

IDAHO PUBLIC UTILITIES COMMISSION Docket No.31-2701-2501
Rules Governing Pole Attachments Pending Rulemaking
Section 00104, the utility must confirm the denial in writing by the appkEeble deadkne-Survey/Review on Merits
deadline in Section 10.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.
21. -029. (RESERVED)
30. MAKE-READY WORK.
01. Time Limits Infeasible. If good and sufficient cause makes it infeasible to meet the timelines
specified in Section 10.,pole owners may deviate from the timelines established in this chapter for make-ready
work.Te the ex
to
dead! ' - ' ' ffieieat eause that Feadefs it infeasible fOF the p0le OV,%eF tO eemplete make Feady within th
time-limits-speeified--in this-seetion
Good and eient Cause.Good and sa€feient eaase ineltides,btt4:s net limited to!
nefmitting delays;
Lae' `eeerawn-tien between-attaewk-g-ewities;
W a�_^teriums;
Pole owner eapaeky topFeeess requests to a44aeh;
EngineeringeempleKit};
Laekga,:fied eennaaeterS to per€e..m work;or
Stop work orders ferwildfire,or other safe�risks.
02. Determination and Notification.Each pole owner must shall determine if make-ready work or
attachment cannot be completed.and ilf it-deviationses from the timeframes in Section 010 are necessary,the pole
owner shall notify the new attaching entity and affected existing attaching entities with: ( )
Idaho Administrative Bulletin Page 383 TThomas-10312025
EXHIBIT 2
November 25, 2025, Decision Memorandum
Page 4 of 5

IDAHO PUBLIC UTILITIES COMMISSION Docket No.31-2701-2501
Rules Governing Pole Attachments Pending Rulemaking
a. Identification of the affected poles; ( )
b. An explanation of the reason for the deviation;and ( )
C. An estimated new completion date. ( )
03. 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. ( )
04. Selection of a Mutually Acceptable Third Party.If a pole owner cannot meet the timeframes for
attachment established by this rule,the pole owner must-ball notify the attaching entity as soon as reasonably
practicable and conduct a meeting with the attaching entity within fifteen(15)calendar days or at a time mutually
agreeable to the parties. At the meeting the parties will select a mutually acceptable third party for make-ready
work shall meet and select..mutually acceptable third party for make ready work.Any third party must meet the pole
owner's safety and qualification requirements.
31. —0439. (RESERVED)
40 ENFORCEMENTAND UNAUT14ORIZED ATTACI131 ENTS.
�. AND•,t t..-m-mshmea iments ma o without polo aa,c-¢s aelifncxrl••.,.•�••
0L Fine.Unauthorized attachments may be fined five hundred dollars($500)per attachment,paid to
pole
02.01. Removal. Pole owners may remove of at4ashmp,"ts at the
entity's expense. ( )
4I 049. S
50. 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. ( )
51. —999. (RESERVED)
Idaho Administrative Bulletin Page 384 TThomas-10312025
EXHIBIT 2
November 25, 2025, Decision Memorandum
Page 5 of 5