Rule 515-12-1-.36. Pole Attachment Agreements

1. (a) The Commission has the authority to determine the rates, fees, terms, conditions, and specifications in any pole attachment agreement entered into by a communications service provider and an electric membership corporation, except as provided in O.C.G.A. § 46-5-200.4(e).
2. (b) Prior to making any determination under subsection (a), the Commission shall afford interested parties the opportunity to be heard and to present evidence.
3. (c) The Commission will provide notice of the proceeding that conforms with the requirements of O.C.G.A. § 50-13-13(a).
4. (d) Parties will have the opportunity to submit pre-filed testimony in accordance with the terms and conditions of the procedural and scheduling order or orders issued by the Commission.
5. (e) The Commission will hold an in-person or virtual hearing, unless the parties consent to the submission of evidence without such a hearing or the Commission makes a determination under O.C.G.A. § 50-13-15(1) that the hearing will be expedited and the interest of the parties will not be prejudiced substantially by receiving evidence in written form.
6. (f) The process described in this rule may be supplemented by order of the Commission.

Authority: O.C.G.A. §§ 46-5-200.4, 46-2-30, 46-2-51, 50-13-13, 50-13-15.

History. Original Rule entitled "Pole Attachment Agreements" adopted. F. Sep. 10, 2020; eff. Sept. 30, 2020.