§  1.1415   Overlashing.

   (a) Prior approval. A utility shall not require prior approval for:

   (1) An existing attacher that overlashes its existing wires on a pole;
   or

   (2) For third party overlashing of an existing attachment that is
   conducted with the permission of an existing attacher.

   (b) Preexisting violations. A utility may not prevent an attacher from
   overlashing because another existing attacher has not fixed a
   preexisting violation. A utility may not require an existing attacher
   that overlashes its existing wires on a pole to fix preexisting
   violations caused by another existing attacher.

   (c) Advance notice. A utility may require no more than 15 days' advance
   notice of planned overlashing. If a utility requires advance notice for
   overlashing, then the utility must provide existing attachers with
   advance written notice of the notice requirement or include the notice
   requirement in the attachment agreement with the existing attacher. If
   after receiving advance notice, the utility determines that an overlash
   would create a capacity, safety, reliability, or engineering issue, it
   must provide specific documentation of the issue to the party seeking
   to overlash within the 15 day advance notice period and the party
   seeking to overlash must address any identified issues before
   continuing with the overlash either by modifying its proposal or by
   explaining why, in the party's view, a modification is unnecessary. A
   utility may not charge a fee to the party seeking to overlash for the
   utility's review of the proposed overlash.

   (d) Overlashers' responsibility. A party that engages in overlashing is
   responsible for its own equipment and shall ensure that it complies
   with reasonable safety, reliability, and engineering practices. If
   damage to a pole or other existing attachment results from overlashing
   or overlashing work causes safety or engineering standard violations,
   then the overlashing party is responsible at its expense for any
   necessary repairs.

   (e) Post-overlashing review. An overlashing party shall notify the
   affected utility within 15 days of completion of the overlash on a
   particular pole. The notice shall provide the affected utility at least
   90 days from receipt in which to inspect the overlash. The utility has
   14 days after completion of its inspection to notify the overlashing
   party of any damage or code violations to its equipment caused by the
   overlash. If the utility discovers damage or code violations caused by
   the overlash on equipment belonging to the utility, then the utility
   shall inform the overlashing party and provide adequate documentation
   of the damage or code violations. The utility may either complete any
   necessary remedial work and bill the overlashing party for the
   reasonable costs related to fixing the damage or code violations or
   require the overlashing party to fix the damage or code violations at
   its expense within 14 days following notice from the utility.

   [ 83 FR 46840 , Sept. 14, 2018]

   

Subpart K—Implementation of the Equal Access to Justice Act (EAJA) in Agency
Proceedings

   Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 (5 U.S.C.
   504(c)(1)).

   Source:  47 FR 3786 , Jan. 27, 1982, unless otherwise noted.

   

General Provisions