N.H. Admin. Code § En 1303.12

Current through Register No. 39, September 26, 2024

Section En 1303.12 - Make-Ready Work Timelines

(a) If a request for access is granted, the pole owner shall present to the prospective attaching entity an estimate of charges to perform all necessary make-ready work within 14 days of completing the survey required by En 1303.04, or in the case where a prospective attaching entity's contractor has performed a survey, within 14 days of receipt by the pole owner of such survey.

(b) Upon presentation of the estimate of charges to perform make-ready work:

(1) A pole owner shall not withdraw an outstanding estimate until 14 days after the estimate is presented; and

(2) An attaching entity may accept an outstanding estimate and make payment any time after receipt of an estimate but before the estimate has been withdrawn.

(c) Upon receipt of payment specified in (b)(2) above, a pole owner shall notify immediately and in writing all known entities with existing attachments that might be affected by the make-ready work, as follows:

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

a. Specify where and what make-ready work shall be performed;

b. Specify the order in which existing attaching entities shall perform their make-ready work;

c. Set a date for completion of make-ready work that is no later than 60 days after notification is sent, or 105 days in the case of larger orders, as described in En 1303.12(e) below, subject to extension by 30 days as specified in d. below;

d. For an application involving more than 100 poles where 30% or more of the affected poles are required to be replaced, the pole owner may extend the completion date by an additional 30 days;

e. State that any entity with an existing attachment shall only modify the attachment consistent with the specified make-ready work before the date set for completion;

f. State that the pole owner may assert its right to 15 additional days to complete any outstanding make-ready work, provided that the delay in completion of that make-ready work was caused by the actions or inactions of a third party attaching entity who had received timely notice that its make-ready work could be performed;

g. State that if make-ready work is not completed by the completion date set by the pole owner, or if the pole owner has asserted its 15-day right of control, 15 days later, the attaching entity requesting access may complete the specified make-ready work; and

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

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

a. Specify where and what make-ready work shall be performed;

b. Set a date for completion of make-ready work that is no later than 90 days after notification is sent, or 135 days in the case of larger orders, as described in En 1303.12(e) below;

c. State that any entity with an existing attachment shall only modify the attachment consistent with the specified make-ready work before the date set for completion;

d. State that the pole owner may assert its right to 15 additional days to complete any outstanding make-ready work, provided that the delay in completion of that make-ready work was caused by the actions or inactions of a third party attaching entity who had received timely notice that its make-ready work could be performed; and

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

(d) For attachments in the communications space, a pole owner shall ensure that make-ready work shall be completed by the date set by the pole owner in (c)(1)c above, or if the pole owner has asserted its 15-day right of control, 15 days later. For wireless attachments above the communications space, a pole owner shall ensure that make-ready work is completed by the date set by the pole owner in (c)(2)b above, or if the pole owner has asserted its 15-day right of control, 15 days later.

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

(1) A pole owner shall apply the timeline described in En 1303.04 and in (a) through (c) above to all requests for pole attachment up to the lesser of 300 poles or 0.5 percent of the pole owner's poles in a state;

(2) A pole owner may add 15 days to the survey period described in En 1303.04 to larger orders up to the lesser of 2,000 poles or 4 percent of the pole owner's poles in the state;

(3) A pole owner may add 45 days to the make-ready work periods described in (c) above to larger orders up to the lesser of 2,000 poles or 4 percent of the pole owner's poles in the state;

(4) A pole owner shall negotiate in good faith the timing of all requests for pole attachments larger than the lesser of 2,000 poles or 4 percent of the pole owner's poles in a state; and

(5) A pole owner may treat multiple requests from a single attaching entity as one request when the requests are filed within 30 days of one another.

(f) A pole owner shall only deviate from the time limits specified in this section:

(1) Before offering an estimate of charges if the parties have not yet entered into an agreement pursuant to En 1303.03 specifying the rates, terms, and conditions of attachment; or

(2) During performance of make-ready work under circumstances that render it infeasible for the pole owner to complete the make-ready work within the prescribed time frame, provided that:

a. A pole owner that so deviates shall immediately notify, in writing, the attaching entity requesting attachment and other affected entities with existing attachments, stating the reason for and the date and duration of the deviation; and

b. The pole owner shall deviate from the time limits specified in this section for a period no longer than necessary and shall resume make-ready work performance without discrimination when it returns to routine operations.

(g) If a pole owner fails to respond as specified in En 1303.04, an attaching entity requesting attachment in the communications space may, as specified in (i) through (l) below, hire a contractor to complete a survey.

(h) If make-ready work is not completed by the pole owner or an existing attaching entity by the date specified in (c)(1)c above, an attaching entity requesting attachment in the communications space may, as specified in (i) through (l) below, hire a contractor to complete the outstanding make-ready work, and written notice of such contractor engagement shall be provided to the pole owner and each affected attaching entity, as of the time specified below:

(1) Immediately, if the pole owner has failed to assert its right to perform outstanding make-ready work by notifying the attaching entity requesting attachment that the pole owner shall do so; or

(2) After 15 days if the pole owner has asserted its right to complete outstanding make-ready work by the date specified in (c)(1)c above and has failed to complete all such make-ready work.

(i) A pole owner shall make available, and keep up-to-date, a list of not less than 3 contractors that such pole owner, and any joint pole owner, authorizes to perform surveys and make-ready work in the communications space on its poles in cases where the pole owner or an existing attaching entity has failed to meet the deadlines specified in En 1303.04 and in (a) through (h) above or pursuant to En 1303.13.

(j) If an attaching entity hires a contractor for purposes specified in (g) or (h) above or pursuant to En 1303.13, it shall choose from among the pole owners' list of authorized contractors.

(k) An attaching entity that hires a contractor for purposes specified in (g) or (h) above or pursuant to En 1303.13 shall provide a pole owner with an opportunity for its representative to accompany and consult with the authorized contractor and the attaching entity.

(l) For purposes of survey, the electric utility pole owner's representative shall make final determinations where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.

N.H. Admin. Code § En 1303.12

Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13497, Effective 12/1/2022, Expires 12/1/2032