§  1.1412   Contractors for survey and make-ready.

   (a) Contractors for self-help complex and above the communications
   space make-ready. A utility shall make available and keep up-to-date a
   reasonably sufficient list of contractors it authorizes to perform
   self-help surveys and make-ready that is complex and self-help surveys
   and make-ready that is above the communications space on its poles. The
   new attacher must use a contractor from this list to perform self-help
   work that is complex or above the communications space. New and
   existing attachers may request the addition to the list of any
   contractor that meets the minimum qualifications in paragraphs (c)(1)
   through (5) of this section and the utility may not unreasonably
   withhold its consent.

   (b) Contractors for simple work. A utility may, but is not required to,
   keep up-to-date a reasonably sufficient list of contractors it
   authorizes to perform surveys and simple make-ready. If a utility
   provides such a list, then the new attacher must choose a contractor
   from the list to perform the work. New and existing attachers may
   request the addition to the list of any contractor that meets the
   minimum qualifications in paragraphs (c)(1) through (5) of this section
   and the utility may not unreasonably withhold its consent.

   (1) If the utility does not provide a list of approved contractors for
   surveys or simple make-ready or no utility-approved contractor is
   available within a reasonable time period, then the new attacher may
   choose its own qualified contractor that meets the requirements in
   paragraph (c) of this section. When choosing a contractor that is not
   on a utility-provided list, the new attacher must certify to the
   utility that its contractor meets the minimum qualifications described
   in paragraph (c) of this section when providing notices required by
   § 1.1411(i)(1)(ii), (i)(2)(i), (j)(3)(i), and (j)(4).

   (2) The utility may disqualify any contractor chosen by the new
   attacher that is not on a utility-provided list, but such
   disqualification must be based on reasonable safety or reliability
   concerns related to the contractor's failure to meet any of the minimum
   qualifications described in paragraph (c) of this section or to meet
   the utility's publicly available and commercially reasonable safety or
   reliability standards. The utility must provide notice of its
   contractor objection within the notice periods provided by the new
   attacher in § 1.1411(i)(1)(ii), (i)(2)(i), (j)(3)(i), and (j)(4) and in
   its objection must identify at least one available qualified
   contractor.

   (c) Contractor minimum qualification requirements. Utilities must
   ensure that contractors on a utility-provided list, and new attachers
   must ensure that contractors they select pursuant to paragraph (b)(1)
   of this section, meet the following minimum requirements:

   (1) The contractor has agreed to follow published safety and
   operational guidelines of the utility, if available, but if
   unavailable, the contractor shall agree to follow National Electrical
   Safety Code (NESC) guidelines;

   (2) The contractor has acknowledged that it knows how to read and
   follow licensed-engineered pole designs for make-ready, if required by
   the utility;

   (3) The contractor has agreed to follow all local, state, and federal
   laws and regulations including, but not limited to, the rules regarding
   Qualified and Competent Persons under the requirements of the
   Occupational and Safety Health Administration (OSHA) rules;

   (4) The contractor has agreed to meet or exceed any uniformly applied
   and reasonable safety and reliability thresholds set by the utility, if
   made available; and

   (5) The contractor is adequately insured or will establish an adequate
   performance bond for the make-ready it will perform, including work it
   will perform on facilities owned by existing attachers.

   (d) The consulting representative of an electric utility may make final
   determinations, on a nondiscriminatory basis, where there is
   insufficient capacity and for reasons of safety, reliability, and
   generally applicable engineering purposes.

   [ 76 FR 26640 , May 9, 2011. Redesignated and amended at  83 FR 44842 ,
   Sept. 4, 2018;  83 FR 46839 , Sept. 14, 2018]