1. (a) Except as provided for in subsection (b) of this section or when a regulation, statute, ordinance, or other similar legal requirement otherwise provides, a pole owner shall provide an attaching entity no less than sixty (60) days’ written notice prior to:

   1. (1) Removal or abandonment of the pole owner’s facilities, except in situations outside the pole owner’s control, in which case it shall do so as soon as reasonably possible; or

   2. (2) Any modification of the pole owner’s facilities other than:

      1. (A) Routine maintenance; or
      2. (B) Modification in response to emergencies or in situations outside the pole owner’s control.

2. (b) If removal or modification of facilities is required because of imminent danger to life or property, a pole owner shall:

   1. (1) Have discretion to make that removal or modification without advance notice; and
   2. (2) Provide verbal notice and subsequently confirm in writing whatever action was taken as soon as practicable but in no event later than ten (10) days thereafter, except in extraordinary circumstances.

Codification Notes: This section was promulgated as Rule 2.05 prior to codification in the Code of Arkansas Rules.