374:34-a Pole Attachments. –
I. In this subdivision, a "pole" means any pole, duct, conduit, or right-of-way that is used for wire communications or electricity distribution and is owned in whole or in part by a public utility, including a rural electric cooperative for which a certificate of deregulation is on file with the commission pursuant to RSA 301:57.
II. Whenever a pole owner is unable to reach agreement with a party seeking pole attachments, the commission shall regulate and enforce rates, charges, terms, and conditions for such pole attachments, with regard to the types of attachments regulated under 47 U.S.C. section 224, to provide that such rates, charges, terms, and conditions are just and reasonable. This authority shall include but not be limited to the state regulatory authority referenced in 47 U.S.C. section 224(c).
III. The department of energy shall adopt rules under RSA 541-A to carry out the provisions of this section, including appropriate formula or formulae for apportioning costs, and shall adopt rules under RSA 541-A implementing the provisions of One Touch Make Ready (OTMR) as adopted by the Federal Communications Commission in 47 CFR 1.1411(j).
IV. In exercising its authority under this subdivision, the department of energy shall consider the interests of the subscribers and users of the services offered via such attachments, as well as the interests of the consumers of any pole owner providing such attachments.
V. Nothing in this subdivision shall prevent parties from entering into pole attachment agreements voluntarily, without department approval. In entering into pole attachment agreements, all parties shall abide by the timelines established by the department in rules adopted pursuant to RSA 541-A, for negotiating and implementing pole attachments. The failure of any party to do so may be considered a lack of good faith negotiation, unless each party agrees to following alternate timelines.
VI. Any pole owner shall provide nondiscriminatory access to its poles for the types of attachments regulated under this subdivision. A pole owner may deny access to its poles on a nondiscriminatory basis where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.
VII. The commission shall have the authority to hear and resolve complaints concerning rates, charges, terms, conditions, voluntary agreements, or any denial of access relative to pole attachments.
VIII. The department of energy and the public utilities commission shall retain their authority to regulate the safety, vegetation management, emergency response, and storm restoration requirements for poles, conduits, ducts, pipes, pole attachments, wires, cables, and related plant and equipment of public utilities and other private entities located within public rights-of-way and on, over, or under state lands and water bodies.
Source. 2007, 340:1, eff. July 16, 2007. 2012, 177:14, eff. Aug. 10, 2012. 2021, 91:271, eff. July 1, 2021; 198:2, Pt. II, Sec. 1, eff. Oct. 9, 2021. 2022, 245:26, eff. Aug. 20, 2022.