1. (1) Any entity requiring pole attachments to serve customers should be allowed to use utility poles, ducts, conduits, rights-of-way, manholes, handholes, or other similar facilities jointly, as much as practicable.
2. (2) To facilitate the joint use of poles, entities must execute contracts establishing the rates, terms, and conditions of pole use in accordance with OAR 860-028-0120. Government entities are not required to execute contracts.
3. (3) Parties must negotiate pole attachment contracts in good faith.
4. (4) Unless expressly prohibited by contract, the last effective contract between the parties will continue in effect until a new contract between the parties goes into effect.

Statutory/Other Authority

ORS 183, 756, 757 & 759

Statutes/Other Implemented

ORS 756.040, 757.035, 757.270 - 290, 759.045 & 759.650 - 675

History

PUC 3-2007, f. & cert. ef. 4-16-07