Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 880 - ATTACHMENTS TO JOINT-USE UTILITY POLES; DETERMINATION AND ALLOCATION OF COSTS; PROCEDURE › Section 407-880-2 - TERMS AND CONDITIONS

Current through 2024-29, July 17, 2024
A.
Reasonable
				Terms and Conditions.
The following terms and conditions are presumed to
				be reasonable for the joint use of utility poles:
1.
Request.
A pole owner must
				provide a requesting party with nondiscriminatory access to any joint-use
				utility pole owned or controlled by it for the attachment of conductors,
				circuitry, antennas, or other facilities. A request to attach facilities to a
				joint-use utility pole must be in writing and must provide the pole owner with
				the information necessary under its procedures to begin to survey the poles to
				which attachment is sought. A pole owner must review a requesting party's
				attachment application for completeness before reviewing the application on its
				merits. A requesting party's attachment application is considered complete if
				it provides the pole owner with the information necessary under its procedures,
				as specified in a master service agreement or in requirements that are
				available in writing publicly at the time of submission of the application, to
				begin to survey the affected poles.
a. A pole
				owner must determine within 10 business days after receipt of a requesting
				party's attachment application whether the application is complete and notify
				the requesting party of that decision. If the pole owner does not respond
				within 10 business days after receipt of the application, or if the pole owner
				rejects the application as incomplete but fails to specify any reasons in its
				response, then the application is deemed complete. If the pole owner timely
				notifies the requesting party that its attachment application is not complete,
				then the pole owner must specify all reasons for finding it
				incomplete.
b. Any resubmitted
				application need only address the pole owner's reasons for finding the
				application incomplete and will be deemed complete within five business days
				after its resubmission, unless the pole owner specifies to the requesting party
				which reasons were not addressed and how the resubmitted application did not
				sufficiently address the reasons. The requesting party may follow the
				resubmission procedure in this paragraph as many times as it chooses so long as
				in each case it makes a bona fide attempt to correct the reasons identified by
				the pole owner, and in each case the deadline set forth in this paragraph will
				apply to the pole owner's review.
Notwithstanding the foregoing, a joint-use entity may submit
				  a request to attach a service drop to a pole within 45 calendar days after the
				  fact, and need not submit a request to overlash to existing facilities, so long
				  as the joint-use entity provides written notice of the overlash within 10
				  calendar days after making it. The pole owner then has 30 calendar days in
				  which to inspect the overlash and determine compliance.