- (a) Except as otherwise provided in (b) and (c) below, the owner or owners of a pole shall provide attaching entities access to such pole on terms that are consistent with the standards set forth in RSA 374:34-a. Such access shall include wireless facility attachments, including those above the communications space on the pole.
(b) Notwithstanding the obligation set forth in (a) above, the owner or owners of a pole shall deny a request for attachment to such pole:
- (1) If there is insufficient capacity on the pole;
- (2) For reasons of safety, reliability, or generally applicable engineering purposes; or
- (3) If the pole owner(s) does not possess the authority to allow the proposed attachment.
- (c) The owner or owners of the pole shall not deny a requested attachment under subsection (b)(1) or (b)(2) above if other make-ready work or another alternative is identified that would accommodate the additional attachment.
Source. #13497, eff 12-1-22 (see Revision Note at chapter heading for En 1300)