An attaching entity shall:

1. (1) Install and maintain its pole attachments and any overlashing in compliance with:

   1. (A) The current edition of the NESC and NEC in effect at the time of construction and the pole owner’s applicable engineering standards related to safety and reliability in effect at the time of construction; and
   2. (B) The codes, rules, or regulations of any federal, state, or local governing body having jurisdiction;

2. (2)

   1. (A) Remove idle facilities as soon as is reasonably practicable, but in no event more than forty-five (45) days after their replacement.
   2. (B) This requirement does not apply when fiber optic cable is authorized to be overlashed to existing copper cable that becomes dormant as a result;
3. (3) Repair, disconnect, isolate, or otherwise correct any violation that poses an imminent danger to life or property immediately after discovery;

4. (4)

   1. (A) Upon receipt of a pole owner’s notification of any safety violation:

      1. (i) Immediately correct a violation that poses imminent danger to life or property; and
      2. (ii) Correct other safety violations within thirty (30) days except in extraordinary circumstances or as mutually agreed.
   2. (B) All reasonable costs associated with correcting undisputed safety violations shall be incurred by the party responsible for the violation; and

5. (5)

   1. (A) Transfer or remove its pole attachments from utility poles that have been abandoned by the pole owner within sixty (60) days of being notified of such abandonment.
   2. (B) If pole attachments have not been removed after sixty (60) days’ notice, the pole owner may remove attaching entity pole attachments at the attaching entity’s expense.

Codification Notes: This section was promulgated as Rule 3.01 prior to codification in the Code of Arkansas Rules.