No. 37870 (5-year Review): Rule R746-345. Pole Attachments

DAR File No.: 37870
Filed: 07/31/2013 08:09:33 AM

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 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) including telephone corporations as defined in Subsection 54-2-23, 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:

No comments have been submitted since 2008.

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, and to ensure an attacher's use of a utility's facilities 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]
• Jordan White at the above address, by phone at 801-530-6712, by FAX at , or by Internet E-mail at [e-mail]

Authorized by:

Jordan White, Legal Counsel

Effective:

07/31/2013

---