1. (a) If the pole owner grants an application for a pole attachment or overlashing that requires make-ready work, the pole owner shall provide a detailed list of make-ready work to include a description of the work, the estimated number of days to complete, and a detailed list of the activities and materials to be used in the make-ready work, along with a cost estimate, within fourteen (14) days from the date of approval, as provided for in 23 CAR § 458-202(f).

2. (b)

   1. (1) Within fifteen (15) days of the receipt of the make-ready work estimate, the attaching entity shall provide a written response either accepting the estimate and making payment arrangements as provided in its contract with the pole owner, or, if the attaching entity has any disagreement with the make-ready work estimate or the estimated number of days to complete the work, it shall provide in writing a list of any areas of disagreement to the pole owner.
   2. (2) The pole owner will have fifteen (15) days from the receipt of the list to provide a response to the attaching entity.
   3. (3) If the attaching entity and the pole owner cannot reach a resolution within fifteen (15) days from the date the owner’s response is provided to the attaching entity, either party may file a complaint with the Arkansas Public Service Commission pursuant to the terms of this section.
3. (c) If the pole owner approves an application that requires make-ready work, the pole owner shall perform the make-ready work at the attaching entity’s expense.

4. (d)

   1. (1) Make-ready work shall be completed:

      1. (A) In a timely manner;
      2. (B) At a reasonable cost; and
      3. (C) As soon as practicable after the date payment is received, but not later than:

5. (i) Sixty (60) days (ninety (90) days for attachments above the safety space) after the date payment is received for permit requests including no more than three hundred (300) poles or twenty (20) manholes; or

   1. (ii) Seventy-five (75) days (one hundred five (105) days for attachments above the safety space) after the date payment is received for permit requests greater than the preceding limits but less than three thousand (3,000) poles and one hundred (100) manholes.

   2. (2)

      1. (A) If the permit requests exceed the preceding limits or where make-ready work will require more than the above-referenced limit of days from the date payment is received to complete, the parties shall work in good faith to negotiate a mutually agreeable timeframe.
      2. (B) 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.

6. (e)

   1. (1) If make-ready work is not completed by the pole owner in a timely manner, the attaching entity may complete the applicable work that is within the communications space using a contractor approved by the pole owner.
   2. (2) This section does not apply to any work that is within the electric space.

Codification Notes: This section was promulgated as Rule 2.03 prior to codification in the Code of Arkansas Rules.