New Hampshire Administrative Code

(a) A utility shall not disconnect service to a customer who has provided current verification of a medical emergency and is complying with a payment arrangement. (b) If a customer does not enter into a payment arrangement or does not comply with the terms of a payment arrangemen…

(a) Thirty days prior to the expiration of the medical emergency certification, the utility shall send a reminder notice to the customer advising that, if a medical emergency still exists, the certification of a medical emergency must be renewed. The notice shall include the date…

(a) The utility shall be required to follow the steps set forth in En 1205.05 (b) through (i) one time within the 9-month period following the expiration of the medical emergency certification. (b) The issuance of any notice of disconnection shall be done in accordance with En 12…

(a) Each utility shall provide an annual report to the department containing: (1) The total number of customers with medical emergency certifications on June 30; (2) The total amount due and the total amount past due as of June 30 for those customers with medical emergency certif…

The purpose of En 1300, pursuant to the mandate of RSA 374:34-a, is to ensure that that terms, and conditions for pole attachments are nondiscriminatory, just, and reasonable. Rules regarding the resolution of disputes and the setting of rates for pole attachments under specific …

(a) En 1300 shall apply to: (1) Public utilities within the meaning of RSA 362:2, including rural electric cooperatives for which a certificate of deregulation is on file pursuant to RSA 301:57, that own, in whole or in part, any pole used for wire communications or electric dist…

"Attaching entity" means a natural person or an entity with a statutory or contract right to attach a facility of any type to a pole, including, but not limited to, telecommunications providers, cable television service providers, incumbent local exchange carriers, excepted local…

"Boxing" means the placement of lines or cables on both the road side and the field side of a pole. Notes N.H. Admin. Code § En 1302.02 Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13497, Effective 12/1/2022, Expires 12/1/2032

"Commission" means the New Hampshire public utilities commission. Notes N.H. Admin. Code § En 1302.03 Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13497, Effective 12/1/2022, Expires 12/1/2032

"Communications space" means the lower usable space on a pole, which typically is reserved for low-voltage communications equipment. Notes N.H. Admin. Code § En 1302.04 Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13497, Effective 12/1/2022, Expires 12…

"Complex make-ready" means transfers and work within the communications space that would be reasonably likely to cause a service outage(s) or facility damage, including work such as splicing of any communications attachment or relocation of existing wireless attachments. Any and …

"Excepted local exchange carrier" means "excepted local exchange carrier" as defined in RSA 362:7 (c), I, namely "(1) An incumbent local exchange carrier providing telephone services to 25,000 or more lines; or (2) An incumbent local exchange carrier providing service to less tha…

"Extension arm(s)" means a bracket attached to a pole to provide support for cables or wires at a distance from the pole. Notes N.H. Admin. Code § En 1302.07 Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13497, Effective 12/1/2022, Expires 12/1/2032…

"Facility" means the lines, cables, wireless antennas, and any accompanying appurtenances attached to a pole for the transmission of electricity, information, telecommunications, or video programming for the public or for public safety purposes. Notes N.H. Admin. Code § En 1302.0…

"Federal Communications Commission (FCC)" means the U.S. government agency established by the Communications Act of 1934 and charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. Notes N.H. Admin. Code § En 1302.09 D…

"Make-ready work" means all work, including, but not limited to, rearrangement or transfer of existing facilities, replacement of a pole, complete removal of any pole replaced, or any other changes required to accommodate the attachment of the facilities of the party requesting a…

"New attaching entity" means an attaching entity requesting to attach new or upgraded facilities to a pole owned or controlled by a utility. Notes N.H. Admin. Code § En 1302.11 Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13497, Effective 12/1/2022, Ex…

"Overlash" means the tying or lashing of an attaching entity's additional fiber optic cables, or similar incidental equipment such as fiber-splice closures, to the attaching entity's own existing communications wires, cable, or supporting strand already attached to poles. Notes N…

"Pole" means "pole" as defined in RSA 374:34-a, I, namely "any pole, duct, conduit, or right-of-way that is used for wire communications or electricity distribution and is owned in whole or in part by a public utility, including a rural electric cooperative for which a certificat…

"Simple make-ready" means make-ready work where existing attachments in the communications space of a pole could be transferred without any reasonable expectation of a service outage or facility damage, and which does not require splicing of any existing communications attachment…

"Usable space" means the space on a pole above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment, and which includes space occupied by the pole owner or owners, and, with respect to any conduit, the term means capacity within …

"Utility" means a "public utility" as defined in RSA 362:2, including a rural electric cooperative for which a certificate of deregulation is on file with the commission pursuant to RSA 301:57. Notes N.H. Admin. Code § En 1302.16 Derived from Volume XLII Number 49, Filed December…

(a) Except as otherwise provided in (b) and (c) below, the owner or owners of a pole shall provide attaching entities access to such pole on terms that are consistent with the standards set forth in RSA 374:34-a. Such access shall include wireless facility attachments, including …

The owner or owners of a pole shall, upon the request of a person entitled to access under these rules seeking a pole attachment, negotiate in good faith with respect to the terms and conditions for such attachment. Notes N.H. Admin. Code § En 1303.02 Derived from Volume XLII Num…

A person entitled to access under these rules seeking a pole attachment shall contact the owner or owners of the pole and negotiate in good faith and execute an agreement for such attachment. A prospective attaching entity may submit a request for access to a utility's poles purs…

(a) Requests for access to a utility's poles, whether made before or after negotiation and execution of a pole attachment agreement, shall be in writing and include information necessary under the pole owner's procedures to schedule a survey of the poles. (b) Absent circumstances…

No person shall attach facilities to a pole without a license or similar authorization in writing from the pole owner or owners prior to attaching such facilities. No person shall perform any make ready-work in connection with any request for access to a pole without having execu…

(a) The owner or owners of a pole shall provide written notice to an attaching entity not less than 60 days prior to: (1) Removing any of that person's facilities; (2) Increasing any annual or recurring fees or rates applicable to the pole attachment; or (3) Modifying the facilit…

(a) All attachments shall be installed in accordance with the National Electrical Safety Code, 2017 edition, available as specified in Appendix B, the National Electrical Code as adopted in RSA 155-A:1, IV, and the SR-1421 Blue Book - Manual of Construction Procedures, Issue 6, T…

The attaching entity shall clearly label its attachments with the attaching entity's identification. Notes N.H. Admin. Code § En 1303.08 Derived from Volume XLII Number 49, Filed December 8, 2022, Proposed by #13497, Effective 12/1/2022, Expires 12/1/2032

(a) No attaching entity shall be denied attachment solely because a wireless facility is to be located above the communications space on a pole. (b) No attaching entity shall be denied attachment solely because the only space available for attachment on a pole is below the lowest…

(a) A pole owner may restrict the practice of boxing poles, consistent with the restrictions it places on its own practice of boxing poles as defined in the company's written methods and procedures or as actually implemented by the company in the normal course of its business. Su…

(a) A pole owner shall allow limited, reasonable use of extension arms by attaching entities for purposes of clearing obstacles or improving alignment of attachment facilities, consistent with the restrictions it places on its own practice of using extension arms as defined in th…

(a) If a request for access is granted, the pole owner shall present to the prospective attaching entity an estimate of charges to perform all necessary make-ready work within 14 days of completing the survey required by En 1303.04, or in the case where a prospective attaching en…

(a) For attachments involving simple make-ready, new attaching entities may use the process described in this section in lieu of the attachment process described in En 1303.12(c)-(f). (b) A new attaching entity electing the one-touch make-ready work process shall elect the one-to…

"Pipeline public utility," "pipeline utility" or "utility" means any "public utility" as defined in RSA 362:2. Notes N.H. Admin. Code § En 1401.01 Derived from Number 37, Filed September 14, 2023, Proposed by #13714, Effective 8/4/2023, Expires 8/4/2033

"Department" shall mean the New Hampshire department of energy. Notes N.H. Admin. Code § En 1401.02 Derived from Number 37, Filed September 14, 2023, Proposed by #13714, Effective 8/4/2023, Expires 8/4/2033

(a) If deemed necessary by the department to evaluate the safe operation of gas pipelines and to fulfill its authority under RSA 374:3, each utility and any owner or operator of a pipeline facility regulated by the Federal Energy Regulatory Commission shall provide the department…

(a) Each utility shall file Department form, "En Form F-22": (1) Annually; and (2) Whenever any changes occur to the information included in a utility's current En Form F-22 filing. (b) Each utility shall include on En Form F-22 the following:(1) Name of utility; (2) Officer's or…

(a) Any owner or operator of a pipeline facility regulated by the Federal Energy Regulatory Commission shall, with respect to any such pipeline facility located or to be located in New Hampshire, file with the department: (1) Concurrently upon its filing annually, on or before Ap…

The purpose of En 1500 pursuant to the mandate of RSA 371:22 is to protect the public against any substantial impact to the public rights in public waters or state-owned lands as a result of the exercise of any license issued under RSA 371:17. Nothing in this part is to be constr…

En 1500 shall apply to: (a) Public utilities within the meaning of RSA 362:2; (b) Rural electric cooperatives for which a certificate of deregulation is on file pursuant to RSA 301:57; (c) Municipal corporations and county corporations regardless of whether operating within their…

"Abutter" means a person who is the owner of land encumbered by any crossing of public waters, or the border of which adjoins any crossing of public waters. Notes N.H. Admin. Code § En 1502.01 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Exp…

"Application" means an application for a license for the purposes set forth in RSA 371:17 as set forth herein, and includes further submissions made in response to requests by the department. Notes N.H. Admin. Code § En 1502.02 Derived from Number 19, Filed May 9, 2024, Proposed …

"Application for communication line crossing license" means an application for a license for the purposes set forth in RSA 371:17 involving only a communication line crossing. Notes N.H. Admin. Code § En 1502.03 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effec…

"Attaching entity" means a natural person or an entity with a statutory or contract right to attach a facility of any type to a pole, including, but not limited to, telecommunications providers, cable television service providers, incumbent local exchange carriers, excepted local…

"Commission" means the public utilities commission. Notes N.H. Admin. Code § En 1502.05 Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires 4/26/2034.