OAR 860-028-0120: Duties of Pole Occupants

(1) Except as provided in sections (2) and (3) of this rule, a pole occupant attaching to one or more poles of a pole owner must: (a) Have a written contract with the pole owner that specifies general conditions for attachments on the poles of the pole owner; (b) Have a permit issued by the pole owner for each pole on which the pole occupant has attachments; (c) Install and maintain the attachments in compliance with the written contracts required under subsection (1)(a) of this rule and with the permits required under subsection (1)(b) of this rule; and (d) Install and maintain the attachments in compliance with Commission safety rules. (2) A pole occupant that is a government entity is not required to enter into a written contract required by subsection (1)(a) of this rule, but when obtaining a permit from a pole owner under subsection (1)(b) of this rule, the government entity must agree to comply with Commission safety rules. (3) A pole occupant may install a service drop without the permit required under subsection (1)(b) of this rule, but the pole occupant must: (a) Apply for a permit within seven days of installation; (b) Except for a pole occupant that is a government entity, install the attachment in compliance with the written contract required under subsection (1)(a) of this rule; and (c) Install the service drop in compliance with Commission safety rules. (4) A pole occupant must repair, disconnect, isolate, or otherwise correct any violation that poses an imminent danger to life or property immediately after discovery. If the pole owner performs the corrections, a pole occupant must reimburse the pole owner for the actual cost of correction. Reimbursement charges imposed under this section must not exceed the actual cost of correction. (5) Upon receipt of a pole owner’s notification of violation, a pole occupant must respond either with submission of a plan of correction within 60 calendar days or with a correction of the violation within 180 calendar days. (a) If a pole occupant fails to respond within these deadlines, the pole occupant is subject to sanction under OAR 860-028-0150(2). (b) If a pole occupant fails to respond within these deadlines and if the pole owner performs the correction, the pole occupant must reimburse the pole owner for the actual cost of correction attributed to violations caused by the occupant’s non-compliant attachments. Reimbursement charges imposed under this section must not exceed the actual cost of correction attributed to the occupant’s attachments. (6) A pole occupant must correct a violation in less than 180 days if the pole owner notifies an occupant that the violation must be corrected within that time to alleviate a significant safety risk to any operator’s employees or a potential risk to the general public. A pole occupant must reimburse the pole owner for the actual cost of correction caused by the occupant’s non-compliant attachments made under this section if: (a) The owner provides reasonable notice of the violation; and (b) The occupant fails to respond within timelines set forth in the notice. (7) Vegetation around communications lines must not pose a foreseeable danger to the pole and electric supply operator’s facilities.