Non-Discriminatory Access To Poles – Denial Of Access

01. Owner/Provider Agreement to Access. A pole owner shall provide nondiscriminatory access to any pole, duct, conduit, owned or controlled by it to any provider of telecommunications service, broadband, or cable services company. A pole owner will require an attaching entity to execute a pole attachment agreement consistent with the duties to provide non-discriminatory access as set forth by Section 030 and upon just and reasonable rates, terms, and conditions. (7-1-26) 02. Denial to Access. Notwithstanding Subsection 020.01 above, a pole owner may deny access on a non-discriminatory basis: (7-1-26) a. Where there is insufficient capacity (space and/or load on a pole); or (7-1-26) b. For reasons of safety, reliability, or generally applicable engineering purposes; (7-1-26) 03. Documentation to Support Denial. If access is not granted within the timelines contained in Section 010, the utility must confirm the denial in writing by the Survey/Review on Merits deadline in Section 010. The pole owner’s denial of access shall include all relevant documentation and information supporting its denial, and if it is unclear, shall explain how such documentation and information relate to a denial of access for reasons stated above. (7-1-26) 021. – 029. (RESERVED)