1. (a) This part governs the Arkansas Public Service 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.

2. (b) This part also governs the procedures necessary and appropriate to hear and resolve complaints arising from:

   1. (1) The failure or refusal to provide access;
   2. (2) The inability of a pole owner and an entity seeking access for a pole attachment to reach a voluntary negotiated written agreement; and
   3. (3) Disputes over implementation of an existing contract.

Codification Notes: This section was promulgated as Rule 1.04 prior to codification in the Code of Arkansas Rules.