OAR 860-028-0230
Pole Attachment Rental Reductions
(1)
Except as provided in section (3), a licensee must receive a rental reduction.(2)
The rental reduction must be based on ORS 757.282 (Criteria for just and reasonable rate for attachments)(3) and applicable administrative rules.(3)
A pole owner or the Commission may deny the rental reduction to a licensee, if either the pole owner or the Commission can show that:(a)
The licensee caused serious injury to the pole owner, another pole joint-use entity, or the public resulting from non-compliance with Commission safety rules and Commission pole attachment rules or its contract or permits with the pole owner;(b)
The licensee does not have a written contract with the pole owner that specifies general conditions for attachments on the poles of the pole owner;(c)
The licensee engaged in a pattern of failing to obtain permits issued by the pole owner for each pole on which the pole occupant has attachments;(d)
The licensee engaged in a pattern of non-compliance with its contract or permits with the pole owner, Commission safety rules, or Commission pole attachment rules;(e)
The licensee engaged in a pattern of failing to respond promptly to the pole owner, Commission Staff, or civil authorities in regard to emergencies, safety violations, or pole modification requests; or(f)
The licensee engaged in a pattern of delays, each delay greater than 45 days from the date of billing, in payment of fees and charges that were not disputed in good faith, that were filed in a timely manner, and are due the pole owner.(4)
A pole owner that contends that a licensee is not entitled to the rental reduction provided in section (1) of this rule must notify the licensee of the loss of reduction in writing. The written notice must:(a)
State how and when the licensee violated either the Commission’s rules or the terms of the contract;(b)
Specify the amount of the loss of rental reduction that the pole owner contends the licensee should incur; and(c)
Specify the amount of any losses that the conduct of the licensee caused the pole owner to incur.(5)
If the licensee wishes to discuss the allegations of the written notice before the Joint-Use Association (JUA), the licensee may request a settlement conference. The licensee must provide notice of its request to the pole owner and to the JUA. The licensee may also seek resolution under section (6) of this rule.(6)
If the licensee wishes to contest the allegations of the written notice before the Commission, the licensee must send its response to the pole owner, with a copy to the Commission. The licensee must also attach a true copy of the written notice that it received from the pole owner.(a)
Upon receipt of a request, the Commission Staff must, within 30 days, provide to the parties a recommended order for the Commission;(b)
Either party may, within 30 days of receipt of the recommended order, submit written comments to the Commission regarding the recommended order;(c)
Upon receipt of written comments, the Commission must, within 30 days, issue an order.(7)
Except for the rental reduction amount in dispute, the licensee must not delay payment of the pole attachment rental fees due to the pole owner.
Source:
Rule 860-028-0230 — Pole Attachment Rental Reductions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=860-028-0230.