(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.