§ 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   the estimate is withdrawn.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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