Goto Section: 1.1414 | 1.1501 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1415 Overlashing.
(a) Prior approval. A utility shall not require prior approval for:
(1) An existing attacher that overlashes its existing wires on a pole;
(2) For third party overlashing of an existing attachment that is
conducted with the permission of an existing attacher.
(b) Preexisting violations. A utility may not prevent an attacher from
overlashing because another existing attacher has not fixed a
preexisting violation. A utility may not require an existing attacher
that overlashes its existing wires on a pole to fix preexisting
violations caused by another existing attacher.
(c) Advance notice. A utility may require no more than 15 days' advance
notice of planned overlashing. If a utility requires advance notice for
overlashing, then the utility must provide existing attachers with
advance written notice of the notice requirement or include the notice
requirement in the attachment agreement with the existing attacher. If
after receiving advance notice, the utility determines that an overlash
would create a capacity, safety, reliability, or engineering issue, it
must provide specific documentation of the issue to the party seeking
to overlash within the 15 day advance notice period and the party
seeking to overlash must address any identified issues before
continuing with the overlash either by modifying its proposal or by
explaining why, in the party's view, a modification is unnecessary. A
utility may not charge a fee to the party seeking to overlash for the
utility's review of the proposed overlash.
(d) Overlashers' responsibility. A party that engages in overlashing is
responsible for its own equipment and shall ensure that it complies
with reasonable safety, reliability, and engineering practices. If
damage to a pole or other existing attachment results from overlashing
or overlashing work causes safety or engineering standard violations,
then the overlashing party is responsible at its expense for any
(e) Post-overlashing review. An overlashing party shall notify the
affected utility within 15 days of completion of the overlash on a
particular pole. The notice shall provide the affected utility at least
90 days from receipt in which to inspect the overlash. The utility has
14 days after completion of its inspection to notify the overlashing
party of any damage or code violations to its equipment caused by the
overlash. If the utility discovers damage or code violations caused by
the overlash on equipment belonging to the utility, then the utility
shall inform the overlashing party and provide adequate documentation
of the damage or code violations. The utility may either complete any
necessary remedial work and bill the overlashing party for the
reasonable costs related to fixing the damage or code violations or
require the overlashing party to fix the damage or code violations at
its expense within 14 days following notice from the utility.
[ 83 FR 46840 , Sept. 14, 2018]
Subpart K—Implementation of the Equal Access to Justice Act (EAJA) in Agency
Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 (5 U.S.C.
Source: 47 FR 3786 , Jan. 27, 1982, unless otherwise noted.
Goto Section: 1.1414 | 1.1501
Goto Year: 2020 |
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