126.03.17 Ark. Code R. § 001 - Pole Attachment Rules
The following definitions shall apply throughout the Pole Attachment Rules (PARs) except as otherwise required by the context and any references to the PARs shall include these definitions:
These Rules are promulgated pursuant to, and in accordance with, the provisions of Act 740 of 2007 as codified in Ark. Code Ann. § 23-4-1001 through § 23-4-1006.
These Rules apply to Pole Owners and Attaching Entities as defined in these Rules.
These Rules govern the Commission's regulation of the rates, terms, and conditions upon which a Pole Owner shall provide nondiscriminatory access for a Pole Attachment in the absence of a voluntarily negotiated agreement. These Rules also govern the procedures necessary and appropriate to hear and resolve complaints arising from the failure or refusal to provide access, the inability of a Pole Owner and an entity seeking access for a Pole Attachment to reach a voluntary negotiated written agreement, and disputes over implementation of an existing contract.
Nothing in these Rules prevents or limits the ability of a Pole Owner and an Attaching Entity to enter into a voluntarily negotiated written agreement regarding the rates, terms, and conditions for Pole Attachment access. Voluntarily negotiated agreements are preferred and encouraged by the Commission. Nothing in these rules shall be interpreted to supersede or modify any lawful rate, term, or condition of a voluntarily negotiated written agreement.
Pole Owners and Attaching Entities are encouraged to employ consistent and compatible communications systems for the purpose of notification and coordination associated with the Pole Attachments addressed in these rules.
A request containing the information set forth in items (1) - (8) above shall be considered to be a complete request for purposes of Rule 2.02(f).
If the permit request exceeds the preceding limits, the parties shall work in good faith to negotiate a mutually agreeable timeframe.
For purposes of this timeframe, multiple permit requests from a single Attaching Entity within a rolling 30-day period shall be treated as a single request.
If the permit requests exceed the preceding limits or where Make-Ready Work will require more than the above-referenced limit of days from the date payment is received to complete, the parties shall work in good faith to negotiate a mutually agreeable timeframe.
For purposes of this timeframe, multiple permit requests from a single Attaching Entity within a rolling 30-day period shall be treated as a single request.
An Attaching Entity shall:
Return Element = 8.00% x Net Pole Investment ÷ Gross Pole Investment
Pole Owners shall charge Attaching Entities separately for the following:
The Commission shall resolve any formal complaint filed in accordance with these Rules and the Commission's Rules of Practice and Procedure within 180 days after the complaint is filed, except that the Commission, for good cause shown, may extend the time for resolution up to 360 days after the complaint is filed.
The formal complaint shall be filed in compliance with the Commission's Rules of Practice and Procedure and meet the following requirements:
Pole Attachment Rate Formula And
Conduit Rate Formula
Appendix A
Pole Attachment Rate Formula
Local Exchange Carrier Pole Owners
FCC Part 32 Accounts
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Pole Attachment Rate Formula
Electric Utility Pole Owners
FERC Part 101 Accounts
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Conduit Rate Formula
Local Exchange Carrier Conduit Owners
FCC Part 32 Accounts
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Conduit Rate Formula
Electric Utility Conduit Owners
FERC Part 101 Accounts
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Notes
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