Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 25 - Iowa Electrical Safety Code › Rule 199-25.4 - Correction of Problems Found During Inspections and Pole Attachment Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Corrective action shall be taken within a reasonable period of time on all
				potentially hazardous conditions, instances of safety code noncompliance,
				maintenance needs, potential threats to safety and reliability, or other
				concerns identified during inspections. Hazardous conditions shall be corrected
				promptly. In addition to the general requirements stated in this subrule, pole
				attachments shall comply with the specific requirements and procedures
				established in subrule 25.4(2).
(2)
				To ensure the safety of pole attachments to poles owned by utilities in Iowa,
				this subrule establishes requirements for attaching electric lines,
				communications lines, cable systems, video service lines, data lines, wireless
				antennae and other wireless facilities, or similar lines and facilities that
				are attached to the excess space on poles owned by utilities.
a.
Definitions.
The
				following definitions shall apply to this rule.
"Pole"
means any pole owned by a utility
				  that carries electric lines, communications lines, cable systems, video service
				  lines, data service lines, wireless antennae or other wireless facilities, or
				  similar lines and facilities.
"Pole attachment"
means any electric line,
				  communication circuit, cable system, video service line, data service line,
				  antenna and other associated wireless equipment, or similar lines and
				  facilities attached to a pole or other supporting structure subject to the
				  safety jurisdiction of the commission pursuant to the Iowa electrical safety
				  code, 199-25.2 (476,476A,478).
"Pole occupant"
means any electric utility,
				  telecommunications carrier, cable system provider, video service provider, data
				  service provider, wireless service provider, or similar person or entity that
				  constructs, operates, or maintains pole attachments as defined in this
				  chapter.
"Pole owner"
means a utility that owns poles
				  subject to the safety jurisdiction of the commission pursuant to the Iowa
				  electrical safety code, 199-25.2 (476,476A,478).
b.
Compliance with Iowa electrical
				safety code.
Pole attachments to poles shall be constructed,
				installed, operated, and maintained in compliance with the Iowa electrical
				safety code, 199-25.2 (476,476A,478), and the requirements and procedures
				established in this subrule.
c.
Requests for access to poles; exceptions for service drops and
				overlashing.
(1) A pole owner shall
				provide nondiscriminatory access to poles it owns, to the extent required by
				federal or state law. Requests for access to poles by an electric utility,
				telecommunications carrier, cable system operator, video service provider, data
				service provider, wireless service provider, or similar person or entity shall
				be made in writing or by any method as may be agreed upon by the pole owner and
				the person or entity requesting access to the pole. If access is denied, the
				pole owner shall explain in detail the specific reason for denial and how the
				denial relates to reasons of lack of capacity, safety, reliability, or
				engineering standards.
(2) Service
				drops are not subject to the notice and approval requirements in subparagraph
				25.4(2)
"c"
(1). Instead, pole occupants shall provide notice to
				pole owners within 30 days of the installation of a new service drop, unless
				the pole occupant and pole owner have negotiated a different notification
				requirement.
(3) Overlashing of
				existing lines is not subject to the notice and approval requirements in
				subparagraph 25.4(2)
"c"
(1). Pole occupants shall provide
				notice to pole owners of proposed overlashing at least 7 days prior to
				installation of the overlashing, unless the pole occupant and pole owner have
				negotiated a different notification requirement.
d.
Notification of
				violation.
A pole owner shall notify in writing a pole occupant of an
				alleged violation of the Iowa electrical safety code by a pole attachment owned
				by the pole occupant or may provide notice by another method as may be agreed
				upon by the parties to a pole attachment agreement. The notice shall include
				the address and pole location where the alleged violation occurred, a
				description of the alleged violation, and suggested corrective
				action.
e.
Corrective
				action.
(1) Upon receipt of
				notification from a pole owner that the pole occupant has one or more pole
				attachments in violation of the Iowa electrical safety code, the pole occupant
				shall respond to the pole owner within 60 days in writing or by another method
				as may be agreed upon by the pole occupant and the pole owner. The response
				shall provide a plan for corrective action, state that the violation has been
				corrected, indicate that the pole attachment is owned by a different pole
				occupant, or indicate that the pole occupant disputes that a violation has
				occurred. The violation shall be corrected within 180 days of the date
				notification is received unless good cause is shown for any delay in taking
				corrective action. A disagreement that a violation has occurred, a claim that
				correction is not possible within the specific time frames due to events beyond
				the control of the pole occupant, or a claim that a different pole occupant is
				responsible for the alleged violation will be considered good cause to extend
				the time for taking corrective action. The pole occupant and pole owner may
				also agree to an extension of the time for taking corrective action. The pole
				owner and pole occupant shall cooperate in determining the cause of a violation
				and an efficient and cost-effective method of correcting a violation.
(2) If the violation could reasonably be
				expected to endanger life or property, the pole occupant shall take the
				necessary action to correct, disconnect, or isolate the problem immediately
				upon notification. If immediate corrective action is not taken by the pole
				occupant for a violation that could reasonably be expected to endanger life or
				property, the pole owner may take the necessary corrective action and the pole
				occupant shall reimburse the pole owner for the actual cost of any corrective
				measures. If the pole owner is later determined to have caused the violation
				and the pole occupant has taken corrective action, the pole owner shall
				reimburse the pole occupant for the actual cost of the corrective action.
				Disputes concerning the ownership of the pole attachment should be resolved as
				quickly as possible.
f.
Negotiated resolution of disputes.
Parties to disputes over
				alleged violations of the Iowa electrical safety code, the cause of a
				violation, the pole occupant responsible for the violation, the cost-effective
				corrective action, or any other dispute regarding the provisions of subrule
				25.4(2) shall attempt to resolve disputes through good-faith negotiations.
				Parties may file an informal complaint with the commission pursuant to
				199-Chapter 6 as part of negotiations.
g.
Complaints.
Complaints
				concerning the requirements or procedures established in subrule 25.4(2),
				including alleged violations of the Iowa electrical safety code, may be filed
				with the commission by pole owners or pole occupants pursuant to the complaint
				procedures in 199-Chapter 6.
h.
Civil penalties.
Persons found to have violated the provisions
				of subrule 25.4(2) may be subject to civil penalties pursuant to Iowa Code
				section 476.51 or to other action by the commission.