Okla. Stat. tit. 17, § 17-158.66

Act – Pole attachment rates.

A. As used in subsection B of this section, the term "attaching

entity" shall include the electric attachments of rural electric

cooperatives and their subsidiaries.

B. Except as otherwise provided in this section, when a rural

electric cooperative and a communications services provider cannot

agree to a voluntary negotiated pole attachment rate, the maximum

pole attachment rate shall be governed by the following formula:

Oklahoma Statutes - Title 17. Corporation Commission Page 113

Maximum Per Pole Rate = Space Factor x Net Cost of Bare Pole x

Carrying Charge Rate

Space Factor = (Occupied Space + ((2/3 x Unusable Space)/No. of

Attaching Entities)) ÷ Pole Height

Net Pole Investment = Gross Pole Investment (Account 364) -

Accumulated Depreciation (Poles) – Accumulated Deferred Taxes

Carrying Charges = A rural electric cooperative's Administrative

+ Maintenance charges + Depreciation + Taxes + Return

Administrative = Total Admin and General Expense ÷ Net Plant

Maintenance = Account 593 Expense ÷ Net Pole Investment

Depreciation = Gross Pole Investment ÷ Net Pole Investment x

Depreciation Rate

Taxes = Account 408.1 (Gross Receipts Tax) ÷ Net Plant

Return = 8%

Unusable Space = 25.0 ft

Occupied Space = 1 ft

Presumptive Default Values

No. of Attachers = Actual number of attaching entities to poles

that have third-party attachments

Pole Height = 37.5 ft or higher based on the actual average pole

height

Net Cost of Bare Pole = 85% of Net Pole Investment ÷ Total

Number of Poles

This subsection shall not apply to any pole attachments

authorized under currently existing and valid pole attachment

license agreements entered into prior to the effective date of this

act. The determination of a maximum attachment rate does not remove

the requirement of a communications services provider to have a pole

attachment agreement with the owner of the poles prior to attaching,

and this subsection shall not apply to any unauthorized pole

attachments.

C. Notwithstanding the maximum pole attachment rate determined

in subsection B of this section, beginning on the effective date of

this act and for four (4) years thereafter, the rates charged by a

rural electric cooperative for new attachments to cooperative-owned

electric poles by providers of telecommunications, broadband, video,

Internet services, or any cooperative affiliate entity or subsidiary

company, under existing pole attachment license agreements or such

agreements entered into on or after the effective date of this act,

shall not exceed One Dollar ($1.00) per cooperative-owned electric

pole per year ("One Dollar Deal"), contingent upon the following:

1. A retail broadband provider shall not have an existing

attachment on the specific electric pole;

2. New attachments subject to the One Dollar Deal shall be used

to serve customers located within the applicable cooperative's

certified territory established under the Retail Electric Supplier

Oklahoma Statutes - Title 17. Corporation Commission Page 114

Certified Territory Act and are in an unserved area as defined by

the Oklahoma Broadband Service Map;

3. One Dollar Deal attachments shall be capable of providing

wire-line broadband service at speeds of one hundred (100) megabits

per second download and twenty (20) megabits per second upload. The

broadband service speeds listed in this paragraph shall be subject

to change or update when, or if, the Federal Communications

Commission makes new rulings related to its definition of broadband

and when that new definition exceeds a speed of one hundred (100)

megabits per second download and twenty (20) megabits per second

upload; and

4. Within sixty (60) days of the end of each calendar year,

applicable attaching providers shall submit written reports and

information to the appropriate rural electric cooperative evidencing

compliance with all One Dollar Deal attachment requirements. The
en that new definition exceeds a speed of one hundred (100)

megabits per second download and twenty (20) megabits per second

upload; and

4. Within sixty (60) days of the end of each calendar year,

applicable attaching providers shall submit written reports and

information to the appropriate rural electric cooperative evidencing

compliance with all One Dollar Deal attachment requirements. The

evidence of compliance shall include the customers served, customers

passed, service level offered, and specific qualifying poles

attached to that qualify for the One Dollar Deal. The intentional

submission of any incomplete or any false information pursuant to

this section shall result in an administrative penalty of One

Hundred Dollars ($100.00) a day for the first thirty (30) days, Five

Hundred Dollars ($500.00) a day for the next thirty (30) days, and

One Thousand Dollars ($1,000.00) every day thereafter until accurate

data is presented.

D. The rates provided in this section shall not include any

applicable charges for electric service. A communications services

provider must pay separately for electric service and such service

shall be charged to providers at the applicable retail market rate.

E. The monetary cap provided under subsection B of this section

and the One Dollar Deal provided under subsection C of this section

shall not eliminate the requirement of communications services

providers to contract with the rural electric cooperatives on terms

and conditions of attachments under pole attachment license

agreements.

F. This section shall not apply to any communications services

provider that maintains unauthorized pole attachments on cooperative

poles or fails to remedy any noncompliant pole attachments per the

cooperative's direction.

G. Rural electric cooperatives shall be required to submit

presumptive default values to retail broadband providers regarding

pole attachments and shall provide the requested data within sixty

(60) days upon the execution of a signed letter of intent and

nondisclosure agreement. The intentional submission of any

incomplete or any false data pursuant to this section shall result

in an administrative penalty of One Hundred Dollars ($100.00) a day

for the first thirty (30) days, Five Hundred Dollars ($500.00) a day

Oklahoma Statutes - Title 17. Corporation Commission Page 115

for the next thirty (30) days, and One Thousand Dollars ($1,000.00)

every day thereafter until accurate data is presented.

H. The Oklahoma district court system shall be vested with

authority to enforce the provisions of this section and to settle

disputes which may arise regarding pole attachments relative to

electric cooperative facilities. The electric cooperative's

business information used to calculate the formula found in

subsection B of this section is sensitive and proprietary in nature

and is hereby declared proprietary business information which is to

be treated in a confidential manner by all parties to any legal

action brought under this section, and such information shall be

made subject to a confidentiality order as shall be prescribed by a

court. To the extent such information is filed with a court, it

shall be filed under seal, made available only to parties to the

action under confidentiality orders, and shall not be made public.

The court may seek information including, but not limited to:

1. Records that correlate to the following Federal Energy

Regulatory Commission and United States Department of Agriculture

Rural Utility Service Account Codes:

a. 108 – Accumulated Provision for Depreciation of

Electric Utility Plant,

b. 190 – Accumulated Deferred Income Taxes,

c. 281 – Accumulated Deferred Income Taxes – Accelerated

Amortization Property,

d. 282 – Accumulated Deferred Income Taxes – Other

Property,

e. 283 – Accumulated Deferred Income Taxes – Other,

f. 364 – Poles, Towers, and Fixtures,

g. 365 – Overhead Conductors and Devices,
a. 108 – Accumulated Provision for Depreciation of

Electric Utility Plant,

b. 190 – Accumulated Deferred Income Taxes,

c. 281 – Accumulated Deferred Income Taxes – Accelerated

Amortization Property,

d. 282 – Accumulated Deferred Income Taxes – Other

Property,

e. 283 – Accumulated Deferred Income Taxes – Other,

f. 364 – Poles, Towers, and Fixtures,

g. 365 – Overhead Conductors and Devices,

h. 369 – Services,

i. 408.1 – Taxes – Property,

j. 409.1 – Income Taxes, Utility Operating Income,

k. 410.1 – Provision for Deferred Income Taxes, Utility

Operating Income,

l. 411.1 – Provision for Deferred Income Taxes – Credit,

Utility Operating Income,

m. 411.4 – Investment Tax Credit Adjustments, Utility

Operations, and

n. 593 – Maintenance of Overhead Lines;

2. Number of poles owned, leased, or operated by the electric

cooperative;

3. Number of attachments on poles owned, leased, or operated by

the electric cooperative;

4. Average height of poles owned, leased, or operated by the

electric cooperative;

5. Cooperative-defined percentage of usable space on poles

owned, leased, or operated by the electric cooperative; and

Oklahoma Statutes - Title 17. Corporation Commission Page 116

6. Cooperative's established rate of return.