Section 407-880-5 - JOINT-USE SOFTWARE SYSTEMA.Use of and Access to the System.1. Large pole owners must participate in a joint-use software system upon implementation and activation of such a system. Participation by large pole owners includes, but is not limited to, providing pole ownership and attachment data to the system such that the system may be effectively used to facilitate make-ready work, placement and removal of pole attachments, and pole transfers and removals. Once implemented, all attaching entities and prospective attaching entities must use the system when applying for pole attachments, performing make ready work, placing or removing pole attachments, performing pole transfers, or performing pole removals within the service territory of a large pole owner. Pole owners who are not large pole owners may, but are not required, to participate in the joint-use software system. If a pole owner who is not a large pole owner chooses to participate in the joint-use software system, all attaching entities and prospective attaching entities must use the system applying for pole attachments, performing make ready work, placing or removing pole attachments, performing pole transfers, or performing pole removals within the service territory of that pole owner.2. Once implemented and activated, the joint-use software system must generally be accessible to attachers 24 hours a day, 7 days a week, through the use of conventional office computer systems. Users will not be required to acquire special hardware, and any required software applications must be provided at no or at most nominal cost by the system operator(s).3. Use of and access to the joint-use software system is subject to: a. the confidentiality provisions in Section 5(B) of this Chapter;b. reasonable measures to protect the security and integrity of the system and its data; andc. reasonable user training requirements.4. The owner or owners of the joint-use software system must design, implement, and operate the joint use software system in a non-discriminatory manner.B.Confidentiality.Data contained in or submitted to the joint-use software system, including but not limited to pole attachment locations, descriptions, and specifications; pole attachment applications; requests for information and responses thereto; and any maps, plans, drawings or other information, including those that disclose an attacher's plans for where it intends to compete against an incumbent telephone utility, are confidential and subject to the nondisclosure provisions of this Section. All owners, operators, and users of the joint-use software system have a duty not to disclose any information contained in or downloaded or derived from the system except to such personnel that have an actual, verifiable "need to know" in order to respond to requests for information or requests for access. Under no circumstances may an owner, operator, or user of the joint-use software system disclose such information to marketing, sales or customer representative personnel.
C.Commission Oversight.1. The dispute resolution process in Section 9 of this Chapter is available as a nonexclusive means of resolving disputes regarding the joint-use software system.2. The Commission or its designee may require large pole owners to periodically provide reports regarding the implementation and operation of the system. In addition to information regarding the general operation of the system, such reports may also include: a. modifications to the joint-use software system;b. outages, breakdowns, or failures of the system, results of any investigation thereof, and a description of remedial measures taken; andc. any disputes regarding the joint-use software system and any resolution of those disputes.65-407 C.M.R. ch. 880, § 5