Pole owners shall charge attaching entities separately for the following:

1. (1) Make-ready work pursuant to 23 CAR § 458-203;

2. (2)

   1. (A) Solely assigned — Excess height. When an attaching entity, including the pole owner, except as provided for under 23 CAR § 458-202(d), requires additional space that is not available on that pole and the pole must be replaced by a taller pole, the entity causing the need for replacement shall pay for the replacement cost of such pole, including:

      1. (i) The cost of removing the old pole; less
      2. (ii) Any salvage value; plus
      3. (iii) The costs of transferring the facilities of all other attachers.
   2. (B) Mutual assignment. When a taller pole is required by two (2) or more attaching entities, including the pole owner, except as provided under 23 CAR § 458-202(d), the costs identified in this subdivision (2) shall be shared equally among the entities requiring the replacement; and
3. (3) Rearrangements. Except as provided for under 23 CAR § 458-202(e), an entity that obtains a pole attachment shall not be required to bear any of the costs of rearranging or replacing its attachment if such rearrangement or replacement is required as a result of an additional attachment or the modification of an existing attachment sought by any other entity.

Codification Notes: This section was promulgated as Rule 4.03 prior to codification in the Code of Arkansas Rules.