No. 31798: R746-345. Pole Attachments

DAR File No.: 31798
Filed: 08/07/2008, 04:18
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 54-4-13 provides that the Commission shall have the power to regulate the rates, terms, and conditions by which a public utility, as defined in Subsection 54-2-1(15)(a) including telephone corporations as defined in Subsection 54-2-23(a), can permit attachments to its poles by an attaching entity.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In 2005, the Commission undertook a rulemaking proceeding to investigate possible amendments to the rule. Various rulemaking proceeding participants made comments regarding rental rates, how to recover expenses associated with pole attachments, definitions, and other matters which they believed could be considered in the Commission's rulemaking procedure. None suggested opposing or eliminating the rule, but suggested possible modifications. The Commission considered all comments and incorporated the comments in the amendments to the rule made in the rulemaking proceeding. In 2006, comments were then received by various parties to clarify the intent and result of the rule modifications previously proposed. The change establishes terms for a generally available contract by which parties may arrange pole attachments. The rule will now identify a rental rate formula and methodology by which rates are to be established for pole attachments which may be sought and made available. In 2006 comments were received by various sources to provide for the provision of cost information relating to make-ready work involving electric utility pole space alone or all make-ready work.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Commission must continue to ensure just and reasonable terms and conditions for pole attachments, the attacher's use of the utilities' facilities to ensure reasonable rates and operations which will not interfere with the primary utility function or render them unsafe. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]

Authorized by:

Sandy Mooy, Legal Counsel