The following definitions shall apply throughout this part except as otherwise required by the context and any references to this part shall include these definitions:

1. (1)

   1. (A) “Attaching entity” means a provider of:

      1. (i) Electric service;
      2. (ii) Telecommunication service;
      3. (iii) Cable television service;
      4. (iv) Internet access service; or
      5. (v) Other related information services.

   2. (B) The term “attaching entity” does not include a pole owner to the extent that it makes pole attachments to its own:

      1. (i) Poles;
      2. (ii) Ducts; or
      3. (iii) Conduits;
2. (2) “Conduit” means a structure containing one (1) or more ducts, usually placed in the ground, in which cables or wires may be installed;

3. (3) “Duct” means a single enclosed raceway for:

   1. (A) Conductors;
   2. (B) Cable; or
   3. (C) Wire;
4. (4) “Inner-duct” means a ductlike raceway smaller than a duct that is inserted into a duct so that the duct may carry multiple wires or cables;
5. (5) “Insufficient capacity” means the inability of a pole owner to accommodate a new pole attachment or overlashing through the performance of make-ready work;

6. (6) “Make-ready work” means engineering or construction activities necessary to make a pole, duct, conduit, or other support equipment available for:

   1. (A) A new pole attachment;
   2. (B) Pole attachment modifications; or
   3. (C) Additional facilities;
7. (7) “NEC” means the NFPA 70: National Electrical Code published by the National Fire Protection Association;
8. (8) “NESC” means the American National Standards Institute’s ANSI C2 National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers;

9. (9)

   1. (A) “Overlashing” means the placement of telecommunications provider, cable television service, or internet access service facilities on existing facilities that already are attached within the usable space allocated to an existing attaching entity.
   2. (B) Overlashing is not considered a separate pole attachment;
10. (10) “Pole attachment” means as defined in Arkansas Code § 23-4-1001(1);
11. (11) “Pole attachment audit” means any audit done at the option of the pole owner to count the number of pole attachments by one (1) or more attaching entities;

12. (12) “Pole owner” means a public utility as defined in Arkansas Code § 23-4-1001(2), having ownership or control of a:

    1. (A) Pole;
    2. (B) Duct; or
    3. (C) Conduit;
13. (13) “Safety inspection” means any inspection done at the option of the pole owner to ensure pole attachments comply with applicable safety standards;
14. (14) “Safety space” means, as defined in the current issue of the NESC, the space located between the areas to which electric conductors and communication circuitry may be attached;
15. (15) “Service drop” means a connection from distribution facilities to the building or structure being served that does not require guys under standard industry design practice;

16. (16)

    1. (A) “Unusable space” is equal to the length of the pole minus the usable space.
    2. (B) Safety space is included in “unusable space”; and
17. (17) “Usable space” means the space above minimum-grade level available for circuit, communications, coaxial cable, fiber optic, or electrical conductor pole attachments by public utilities and attaching entities.

Codification Notes: This section was promulgated as Rule 1.01 prior to codification in the Code of Arkansas Rules.