W. Va. Code R. § 157-13-5

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-13-5 - Make ready work. (See W. Va (See Section31H-2-2 and Section31H-2-3)
5.1. The Division shall provide a good faith estimate for any make-ready work necessary to enable a Division owned utility pole to support the requested collocation of small wireless facilities within 60 days after the receipt of a complete application for a permit.
5.2. Upon acceptance by the provider of the Division's good faith estimate for make-ready work, the provider has 60 days to complete the work.
5.3. Replacement of a utility pole may only be required if the Division demonstrates that the collocation would make the utility pole structurally unsound. The Division may not require more make-ready work than required to meet applicable codes or industry standards.
5.4. Make-ready work may not include work related to preexisting conditions.
5.5. Costs for make-ready work including any utility pole replacement may not exceed the actual costs or the amount charged to other communications service providers for similar work and may not include any consultant fees or expenses.

W. Va. Code R. § 157-13-5