§  1.1420   Timeline for access to utility poles.

   (a) The term "attachment" means any attachment by a cable television
   system or provider of telecommunications service to a pole owned or
   controlled by a utility.

   (b) All time limits in this subsection are to be calculated according
   to §  1.4.

   (c) Survey. A utility shall respond as described in §  1.1403(b) to a
   cable operator or telecommunications carrier within 45 days of receipt
   of a complete application to attach facilities to its utility poles (or
   within 60 days, in the case of larger orders as described in paragraph
   (g) of this section). This response may be a notification that the
   utility has completed a survey of poles for which access has been
   requested. A complete application is an application that provides the
   utility with the information necessary under its procedures to begin to
   survey the poles.

   (d) Estimate. Where a request for access is not denied, a utility shall
   present to a cable operator or telecommunications carrier an estimate
   of charges to perform all necessary make-ready work within 14 days of
   providing the response required by §  1.1420(c), or in the case where a
   prospective attacher's contractor has performed a survey, within 14
   days of receipt by the utility of such survey.

   (1) A utility may withdraw an outstanding estimate of charges to
   perform make-ready work beginning 14 days after the estimate is
   presented.

   (2) A cable operator or telecommunications carrier may accept a valid
   estimate and make payment anytime after receipt of an estimate but
   before the estimate is withdrawn.

   (e) Make-ready. Upon receipt of payment specified in paragraph (d)(2)
   of this section, a utility shall notify immediately and in writing all
   known entities with existing attachments that may be affected by the
   make-ready.

   (1) For attachments in the communications space, the notice shall:

   (i) Specify where and what make-ready will be performed.

   (ii) Set a date for completion of make-ready that is no later than 60
   days after notification is sent (or 105 days in the case of larger
   orders, as described in paragraph (g) of this section).

   (iii) State that any entity with an existing attachment may modify the
   attachment consistent with the specified make-ready before the date set
   for completion.

   (iv) State that the utility may assert its right to 15 additional days
   to complete make-ready.

   (v) State that if make-ready is not completed by the completion date
   set by the utility (or, if the utility has asserted its 15-day right of
   control, 15 days later), the cable operator or telecommunications
   carrier requesting access may complete the specified make-ready.

   (vi) State the name, telephone number, and e-mail address of a person
   to contact for more information about the make-ready procedure.

   (2) For wireless attachments above the communications space, the notice
   shall:

   (i) Specify where and what make-ready will be performed.

   (ii) Set a date for completion of make-ready that is no later than 90
   days after notification is sent (or 135 days in the case of larger
   orders, as described in paragraph (g) of this section).

   (iii) State that any entity with an existing attachment may modify the
   attachment consistent with the specified make-ready before the date set
   for completion.

   (iv) State that the utility may assert its right to 15 additional days
   to complete make-ready.

   (v) State the name, telephone number, and e-mail address of a person to
   contact for more information about the make-ready procedure.

   (f) For wireless attachments above the communications space, a utility
   shall ensure that make-ready is completed by the date set by the
   utility in paragraph (e)(2)(ii) of this section (or, if the utility has
   asserted its 15-day right of control, 15 days later).

   (g) For the purposes of compliance with the time periods in this
   section:

   (1) A utility shall apply the timeline described in paragraphs (c)
   through (e) of this section to all requests for pole attachment up to
   the lesser of 300 poles or 0.5 percent of the utility's poles in a
   state.

   (2) A utility may add 15 days to the survey period described in
   paragraph (c) of this section to larger orders up to the lesser of 3000
   poles or 5 percent of the utility's poles in a state.

   (3) A utility may add 45 days to the make-ready periods described in
   paragraph (e) of this section to larger orders up to the lesser of 3000
   poles or 5 percent of the utility's poles in a state.

   (4) A utility shall negotiate in good faith the timing of all requests
   for pole attachment larger than the lesser of 3000 poles or 5 percent
   of the utility's poles in a state.

   (5) A utility may treat multiple requests from a single cable operator
   or telecommunications carrier as one request when the requests are
   filed within 30 days of one another.

   (h) A utility may deviate from the time limits specified in this
   section:

   (1) Before offering an estimate of charges if the parties have no
   agreement specifying the rates, terms, and conditions of attachment.

   (2) During performance of make-ready for good and sufficient cause that
   renders it infeasible for the utility to complete the make-ready work
   within the prescribed time frame. A utility that so deviates shall
   immediately notify, in writing, the cable operator or
   telecommunications carrier requesting attachment and other affected
   entities with existing attachments, and shall include the reason for
   and date and duration of the deviation. The utility shall deviate from
   the time limits specified in this section for a period no longer than
   necessary and shall resume make-ready performance without
   discrimination when it returns to routine operations.

   (i) If a utility fails to respond as specified in paragraph (c) of this
   section, a cable operator or telecommunications carrier requesting
   attachment in the communications space may, as specified in §  1.1422,
   hire a contractor to complete a survey. If make-ready is not complete
   by the date specified in paragraph (e)(1)(ii) of this section, a cable
   operator or telecommunications carrier requesting attachment in the
   communications space may hire a contractor to complete the make-ready:

   (1) Immediately, if the utility has failed to assert its right to
   perform remaining make-ready work by notifying the requesting attacher
   that it will do so; or

   (2) After 15 days if the utility has asserted its right to perform
   make-ready by the date specified in paragraph (e)(1)(ii) of this
   section and has failed to complete make-ready.

   [ 76 FR 26640 , May 9, 2011]

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