N.H. Admin. Code § En 1303.13

Current through Register No. 45, November 7, 2024

Section En 1303.13 - One-Touch Make-Ready Option

(a) For attachments involving simple make-ready, new attaching entities may use the process described in this section in lieu of the attachment process described in En 1303.12(c)-(f).

(b) A new attaching entity electing the one-touch make-ready work process shall elect the one-touch make-ready work process in writing in its attachment application and shall identify the simple make-ready that it shall perform.

(c) The new attaching entity shall ensure that its contractor determines whether the make-ready work requested in an attachment application is simple make-ready.

(d) The pole owner shall review the new attaching entity's attachment application for completeness before reviewing the application on its merits.

(e) An attachment application shall be considered complete if it provides the pole owner with the information necessary under its procedures, as specified in a master service agreement or in publicly-released requirements at the time of submission of the application, to make an informed decision on the application.

(f) With respect to any such application:

(1) A pole owner shall have 10 business days after receipt of a new attaching entity's attachment application in which to determine whether the application is complete and notify the attaching entity of that decision;

(2) If the pole owner does not respond within 10 business days after receipt of an application submitted under (1) above, or if the pole owner rejects the application as incomplete but fails to specify any reasons in the application, then the application shall be deemed complete;

(3) If the pole owner timely notifies the new attaching entity that its attachment application is not complete, then the pole owner shall specify all reasons for finding it incomplete;

(4) The new attaching entity may resubmit an application to the pole owner, which resubmitted application need only address the pole owner's specified reasons for finding the application incomplete and such resubmitted application shall be deemed complete within 5 business days after its resubmission, unless the pole owner specifies to the new attaching entity which reasons were not addressed and how the resubmitted application did not sufficiently address those reasons; and

(5) The applicant may follow the resubmission procedure described in (4) above as many times as it chooses, provided that, in each case, it makes a bona fide attempt to correct the reasons identified by the pole owner, and in each case the deadline set forth in (4) shall apply to the pole owner's review.

(g) The pole owner shall review on the merits a complete application requesting one-touch make-ready and respond to the new attaching entity either granting or denying the application within 15 days of the pole owner's receipt of a complete application, or within 30 days in the case of larger orders as described in (4) below.

(h) With respect to any such complete application:

(1) If the pole owner denies the application on its merits, then its decision shall be specific, shall include all relevant evidence and information supporting its decision, and shall explain how such evidence and information relate to a denial of access for reasons of lack of capacity, safety, reliability, or engineering standards;

(2) Within the 15-day application review period, or within 30 days in the case of larger orders as described in (4) below, a pole owner may object to the designation by the new attaching entity's contractor that certain make-ready work is simple make-ready, and in such a case, the make-ready work shall be deemed to be complex make-ready;

(3) The pole owner's objection shall be final and determinative, provided that the objection shall be specific and in writing, includes all relevant evidence and information supporting the decision, is made in good faith, and explains how such evidence and information relate to a determination that the make-ready work is not simple make-ready; and

(4) For purposes of this subsection (h), "larger orders" shall mean those orders up to the lesser of 3,000 poles or 5 percent of the pole owner's poles in the state.

(i) The new attaching entity shall be responsible for all surveys required as part of the one-touch make-ready process and shall use a contractor as specified in En 1303.12(i)-(k).

(j) The new attaching entity shall permit the pole owner and any existing attaching entities on the affected poles to be present for any field inspection conducted as part of the new attaching entity's surveys.

(k) The new attaching entity shall use commercially reasonable efforts to provide the pole owner and affected existing attaching entities with prior notice of not less than 3 business days of a field inspection as part of any survey and shall provide the date, time, and location of the surveys and the name of the contractor performing the surveys.

(l) If the new attaching entity's attachment application is approved and if it has provided 15 days prior written notice of the make-ready work to the affected pole owner and existing attaching entities, the new attaching entity shall proceed with make-ready work using a contractor in the manner as specified in En 1303.12(i)-(k).

(m) With respect to any such make-ready work:

(1) The prior written notice shall include the date and time of the make-ready work, a description of the work involved, the name of the contractor being used by the new attaching entity, and shall provide the affected pole owner and existing attaching entities an opportunity to be present for any make-ready work;

(2) The new attaching entity shall notify an affected pole owner or existing attaching entity immediately if make-ready work damages the equipment of the pole owner or existing attaching entity or causes an outage that is likely to interrupt the service of the pole owner or existing attaching entity, upon receipt of which notice the affected pole owner or existing attaching entity may either:

a. Complete any necessary remedial work and bill the new attaching entity for the reasonable costs related to fixing the damage; or

b. Require the new attaching entity to fix the damage at its expense immediately following notice from the affected pole owner or existing attaching entity; and

(3) In performing make-ready work, if the new attaching entity or the pole owner determines that make-ready work classified as simple is complex, then that specific make-ready work shall be halted and the determining party shall provide immediate notice to the other party of its determination and the affected poles, in which case the affected make-ready work shall then be governed by En 1303.12(a) through (f) and the pole owner shall provide the notice required by En 1303.12(c) as soon as practicable.

(n) A new attaching entity shall notify the affected pole owner and existing attaching entities within 15 days after completion of make-ready work on a particular pole, which notice shall provide the affected pole owner and existing attaching entities at least 90 days from receipt in which to inspect the make-ready work.

(o) The affected pole owner and existing attaching entities shall have 14 days after completion of their inspection to notify the new attaching entity of any damage or code violations caused by make-ready work conducted by the new attaching entity on their equipment.

(p) If the affected pole owner or an existing attaching entity notifies the new attaching entity of any such damage or code violations, then the pole owner or existing attaching entity shall provide detailed and specific documentation describing the damage or code violations.

(q) With respect to any such damage or code violations, the affected pole owner or existing attaching entity may either:

(1) Complete any necessary remedial work and bill the new attaching entity for the reasonable costs related to fixing the damage or code violations; or

(2) Require the new attaching entity to fix the damage or code violations at its expense within 14 days following notice from the affected pole owner or existing attaching entity.

N.H. Admin. Code § En 1303.13

Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13497, Effective 12/1/2022, Expires 12/1/2032