20251125EXHIBIT 1 - POLE ATTACHMENTS PENDING RULE CLEAN NOV2025.PDF

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