- (a) All attaching entities shall participate in a joint pole attachment audit with the pole owner, with each attaching entity bearing its own expense.
- (b) Pole owners shall establish pole attachment audit schedules so that an audit of all of the pole owner’s Arkansas facilities will be completed at least every five (5) years, but not more frequently than every three (3) years.
- (c) Prior to engaging in a pole attachment audit, the pole owner shall provide one hundred eighty (180) days’ advance written notice to the attaching entities.
(d)
- (1) All of the pole owner’s audit costs associated with a pole attachment audit shall be paid by the attaching entities and the pole owner.
- (2) The pole owner shall be responsible for twenty-five percent (25%) of its attachment audit costs and the remaining seventy-five percent (75%) of the pole owner’s attachment audit costs shall be paid by the attaching entities on a pro rata basis, based on the number of poles each attaching entity occupies.
- (e) Prior to conducting a pole attachment audit, the pole owner and the attaching entities shall work in good faith to negotiate mutually agreeable terms of the pole attachment audit.
- (f) Additional equipment that is normally required by the presence of a pole attachment in the attaching entity’s usable space and equipment placed in the unusable space, which is used in conjunction with the pole attachment and to the extent allowed by the pole owner, is not an additional pole attachment for rental rate purposes.
Codification Notes: This section was promulgated as Rule 3.03 prior to codification in the Code of Arkansas Rules.