1. (a)

   1. (1) Requests to a pole owner for a pole attachment or overlashing permit shall be in writing.

   2. (2) The pole owner may require the applicant to provide the following technical information:

      1. (A) The location of the pole, duct, or conduit for which the attachment or occupancy is requested;
      2. (B) The amount of space requested;
      3. (C) The number and type of attachment for each pole, duct, or conduit addition;
      4. (D) The physical characteristics of the attachment or addition;
      5. (E) The attachment location on the pole or in the duct or conduit;
      6. (F) The proposed route;
      7. (G) The proposed schedule for construction; and
      8. (H) Any other information:

2. (i) Reasonably required by the pole owner; and

   1. (ii) That is necessary to process the request.
   2. (3) A request containing the information set forth in subdivisions (a)(2)(A) – (H) of this section shall be considered to be a complete request for purposes of subsection (f) of this section.

3. (b)

   1. (1) An attaching entity wishing to overlash facilities shall submit a written request to the pole owner identifying:

      1. (A) The size and type of facilities to be overlashed;
      2. (B) The size and type of facilities to be added;
      3. (C) The poles over which such facilities will be overlashed; and
      4. (D) When such facilities will be overlashed.

   2. (2) In cases where a party is seeking to overlash facilities to another attaching entity, the party seeking to overlash shall also provide the pole owner evidence of the written consent of such host party.

      1. (c)

   3. (1) The pole owner shall identify and account for the:

      1. (A) Incremental engineering costs associated with a request for a pole attachment or overlashing permit; and
      2. (B) Cost of estimating make-ready work.
   4. (2) A pole owner may charge an attaching entity incremental administrative costs associated with a request for a pole attachment or overlashing permit and the cost of estimating make-ready work, provided that the pole owner identifies and accounts for such incremental administrative costs.

   5. (3) The attaching entity shall pay to the pole owner any incremental engineering costs or incremental administrative costs incurred and charged by the pole owner in connection with a request for a pole attachment or overlashing permit, regardless of whether the attaching entity’s request is rejected or withdrawn by the attaching entity.

      1. (d)
   6. (1) A pole owner may reserve available space on its facilities for future provision of its core utility service, but must permit the use of such reserved space by attaching entities on an interim basis until the pole owner has an actual need for the space.
   7. (2) The pole owner shall provide written notification to the attaching entity when a permit is being issued for the use of reserved space.
4. (e) Within sixty (60) days of written notification that the space is needed by the pole owner, the interim attaching entity must vacate the occupied space at its own expense and pay for any modifications needed to maintain the attachment or pay for the expansion of capacity.

5. (f)

   1. (1) The pole owner shall approve, deny, or conditionally approve with make-ready work provisions the request for a pole attachment or overlashing in writing as soon as practicable, but in no event later than:

      1. (A) Forty-five (45) days after receipt of a complete permit request for requests including no more than three hundred (300) poles or twenty (20) manholes; or
      2. (B) Sixty (60) days after receipt of a complete permit request for requests greater than the preceding limits but less than three thousand (3,000) poles and one hundred (100) manholes.
   2. (2) If the permit request exceeds the preceding limits, the parties shall work in good faith to negotiate a mutually agreeable timeframe.
   3. (3) For purposes of this timeframe, multiple permit requests from a single attaching entity within a rolling thirty-day period shall be treated as a single request.

Codification Notes: This section was promulgated as Rule 2.02 prior to codification in the Code of Arkansas Rules.