23 CAR § 458-204. Denial of access

(a) A pole owner may deny access for a pole attachment on a nondiscriminatory basis: (1) Where there is insufficient capacity; or (2) For reasons of safety, reliability, or generally applicable engineering standards as referenced in 23 CAR § 458-301(1). (b) A pole owner may deny access for a pole attachment to all facilities used exclusively for transmission on a nondiscriminatory basis. (c) The pole owner shall confirm in writing the denial of access for pole attachment or overlashing as soon as practicable, but in no event later than the applicable timeframe prescribed in 23 CAR § 458-202(f). (d) The pole owner’s denial of access shall be specific, shall include all relevant evidence and information supporting its denial, and shall explain how such evidence and information relate to denial of access consistent with the provisions of subsections (a) and (b) of this section.