Common use of Joint Use of Poles Clause in Contracts

Joint Use of Poles. a. Before the Telecommunications/Internet Provider shall make a pole contact or attachment to any of the Power Company's poles, the Telecommunications/Internet Provider must submit a completed application in the form attached and identified as Exhibit C and shall comply with the procedures set forth in this section. b. If, in the judgment of the Power Company, joint use under the circumstances is undesirable, the Power Company shall have the right to reject the application. In any event, within forty-five (45) days after the receipt of such application, the Power Company shall notify the Telecommunications/Internet Provider in writing whether the application is approved or rejected. If the Power Company does not respond within forty-five (45) days, the dispute resolution process described herein shall be invoked. Telecommunications/Internet Provider must submit a new application whenever the Telecommunications/Internet Provider desires to add, relocate, replace, or otherwise modify Telecommunications/Internet Provider’s facilities. Service drops may be attached or replaced without The Power Company’s prior approval provided the new attachments are applied for within thirty (30) days of completion. The Power Company reserves the right to deny proposed attachments in space that is required for The Power Company’s use in accordance with an existing bona fide plan for expansion of core business or is not acceptable for Telecommunications/Internet Provider’s use due to capacity, safety, reliability, or engineering concerns. Telecommunications/Internet Provider shall not over-lash an existing pole contact or attachment, except to add a service drop, unless further application is made and is approved by the Power Company. In the event the Power Company proposes to deny an application, the Power Company shall provide the Telecommunications/Internet Provider the reasons for denial. If requested by the Telecommunications/Internet Provider, the Power Company and Telecommunications/Internet Provider shall explore in good faith reasonable alternatives to accommodate the proposed attachment. c. Upon receipt of the completed application, the Power Company may deem that a make ready survey is necessary to determine the adequacy of the existing poles and anchors or conduit capacity to accommodate the Telecommunications/Internet Provider’s facilities. If any make ready work is required, the Power Company will provide a written response to each application within forty-five (45) days of the receipt of the request. A representative of the Power Company will perform the field inspection portion of the make ready survey and will notify the Telecommunications/Internet Provider when it will be performed. The Telecommunications/Internet Provider may be present if they so desire. If the Power Company approves the request, it will complete the description of the make ready work to be performed to prepare the Power Company’s facility(s) for the Telecommunications/Internet Provider’s proposed attachment(s). The Power Company will also prepare an estimate of make ready costs and determine the anticipated completion date for this work. This information will be forwarded to the Telecommunications/Internet Provider, along with the application approval. Costs include materials, less salvage, labor, engineering, supervision, and overheads (engineering includes design, proper conductor spacing and bonding, and calculations to determine proper ground clearances and pole and downguy strength requirements for horizontal and transverse loading). If the Telecommunications/Internet Provider agrees that the make ready costs are acceptable and elects to proceed with the proposed attachment(s), the Telecommunications/Internet Provider must sign and return the authorization to proceed within fifteen (15) days after receipt, along with a deposit in the amount of the anticipated make ready costs. If no make ready work is required, the Power Company will either approve or deny the application based on the Telecommunications/Internet Provider’s requirements and current field conditions. Upon written notice of acceptance of the make ready costs by the Telecommunications/Internet Provider, the Power Company shall proceed with the necessary changes in the pole line covered by the referenced cost estimate. The Power Company shall make every effort to complete this work at a mutually agreed upon completion date. Nothing shall preclude the Parties from making any mutually agreeable arrangement for contracting for or otherwise accomplishing the necessary make ready changes. Upon completion of all changes, the Telecommunications/Internet Provider shall have the right to use the poles jointly and to make attachments in accordance with the terms of the application and of this Agreement. In addition, the Telecommunications/Internet Provider, upon receipt of invoice from the Power Company, shall pay any difference between the estimated make ready costs previously paid and the actual make ready costs. An itemized statement of each work step, per pole, of the actual costs of all such changes shall be submitted by the Power Company to the Telecommunications/Internet Provider, in a form mutually agreed upon. If the actual make ready costs are less than estimated costs previously paid, The Power Company shall refund the overpayment to the Telecommunications/Internet Provider within thirty

Joint Use of Poles. a. Before the TelecommunicationsCommunications/Internet Provider shall make a pole contact or attachment to any of the Power Company's poles, the TelecommunicationsCommunications/Internet Provider must submit a completed application in the form attached and identified as Exhibit C and shall comply with the procedures set forth in this section. Notwithstanding the foregoing, Communications/Internet Provider may (i) place, replace or modify a service drop on any pole or (ii) modify or replace an existing attachment, including with like equipment that does not exceed the size or weight of existing attachments by more than ten percent (10%), without prior written notice to the Power Company and without first submitting an application. b. If, in the judgment of the Power Company, joint use under the circumstances is undesirableimpracticable based on the technical requirements and specifications of Section 3, or because of other capacity, safety, reliability or engineering concerns or any other reasonable and nondiscriminatory reason, the Power Company shall have the right to reject the applicationapplication or limit the number and character of attachments on any joint use pole. In any event, within forty-five (45) days after the receipt of such application, the Power Company shall notify the TelecommunicationsCommunications/Internet Provider in writing whether the application is approved or rejected. If the Power Company does not respond within forty-five (45) days, the dispute resolution process described herein shall be invoked. TelecommunicationsCommunications/Internet Provider must submit a new application whenever the Telecommunications/Internet Provider desires to add, relocate, replace, add or otherwise modify Telecommunicationsrelocate Communications/Internet Provider’s facilitiesfacilities unless otherwise mutually agreed by the Parties. Service As stated above, service drops may be attached or replaced without The Power Company’s prior approval provided the new attachments are applied for within thirty (30) days Communications/Internet Provider provides written notice of completionany service drops installed on a quarterly basis. The Power Company reserves the right to deny proposed attachments in space that is required for The the Power Company’s use in accordance with an existing bona fide plan for expansion of core business or is not acceptable for TelecommunicationsCommunications/Internet Provider’s use due to capacity, safety, reliability, or engineering concerns. Telecommunications/Internet Provider shall not over-lash an existing pole contact or attachment, except to add a service drop, unless further application is made and is approved by the Power Company. In the event the Power Company proposes to deny an application, the Power Company shall provide the TelecommunicationsCommunications/Internet Provider the reasons for denial. If requested by the TelecommunicationsCommunications/Internet Provider, the Power Company and TelecommunicationsCommunications/Internet Provider shall explore in good faith reasonable alternatives to accommodate the proposed attachment. Any proposed overlashing by Communications/Internet Provider shall constitute a separate attachment subject to the application process and all other provisions of this Agreement; however, overlashing shall not be subject to any additional rental fees under this Agreement. For applications related to overlashing, the Parties mutually agree that Communications/Internet Provider is not required to submit a load analysis or engineering data unless otherwise mutually agreed, and the Power Company shall identify any make- ready work within fifteen (15) days of receipt of an application related to overlashing. If the Power Company does not identify any make-ready work within fifteen (15) days, unless Power Company notifies Communications/Internet Provider that it needs more time, Communications/Internet Provider may proceed with the overlashing. c. Upon receipt of the completed application, the Power Company may deem that a make ready survey is necessary to determine the adequacy of the existing poles and anchors or conduit capacity to accommodate the TelecommunicationsCommunications/Internet Provider’s facilities. If any make ready work is required, the Power Company will provide a written response to each application within forty-five (45) days of the receipt of the request. A representative of the Power Company will perform the field inspection portion of the make ready survey and will notify the TelecommunicationsCommunications/Internet Provider when it will be performed. The TelecommunicationsCommunications/Internet Provider may be present if they so desire. If the Power Company approves the request, it will complete the description of the make ready work to be performed to prepare the Power Company’s facility(s) for the TelecommunicationsCommunications/Internet Provider’s proposed attachment(s). The Power Company will also prepare an estimate of make ready costs and determine the anticipated completion date for this work. This information will be forwarded to the TelecommunicationsCommunications/Internet Provider, along with the application approval. Costs include materials, less salvage, labor, engineering, supervision, and overheads (engineering includes design, proper conductor spacing and bonding, and calculations to determine proper ground clearances and pole and downguy down guy strength requirements for horizontal and transverse loading). If the TelecommunicationsCommunications/Internet Provider agrees that the make ready costs are acceptable and elects to proceed with the proposed attachment(s), the TelecommunicationsCommunications/Internet Provider must sign and return the authorization to proceed within fifteen (15) days after receipt, along with a deposit in the amount of the anticipated make ready costs. If no make ready work is required, the Power Company will either approve or deny the application based on the TelecommunicationsCommunications/Internet Provider’s requirements and current field conditions. Upon written notice of acceptance of the make ready costs by the TelecommunicationsCommunications/Internet Provider, the Power Company shall proceed with the necessary changes in the pole line covered by the referenced cost estimate. The Power Company shall make every effort to complete this work at a within thirty (30) days for applications relating to less than 300 poles, and within seventy-five (75) days for applications relating to more than 300 poles unless otherwise mutually agreed upon completion dateby the Parties. Nothing shall preclude the Parties from making any mutually agreeable arrangement for contracting for or otherwise accomplishing the necessary make ready changes. Upon completion of all changes, the TelecommunicationsCommunications/Internet Provider shall have the right to use the poles jointly and to make attachments in accordance with the terms of the application and of this Agreement. In addition, the TelecommunicationsCommunications/Internet Provider, upon receipt of invoice from the Power Company, shall pay any difference between the estimated make ready costs previously paid and the actual actual, reasonable, and itemized make ready costscosts within forty-five (45) days. An itemized statement of each work step, per pole, of the actual and reasonable costs of all such changes shall be submitted by the Power Company to the TelecommunicationsCommunications/Internet Provider, in a form mutually agreed upon. If the actual make ready costs are less than estimated costs previously paid, The the Power Company shall refund the overpayment to the TelecommunicationsCommunications/Internet Provider within thirtyforty-five (45) days. The Communications/Internet Provider shall, at its own expense, make attachments in such a manner as not to interfere with the service of the Power Company. d. Upon completion of any required make ready work by the Power Company, the Communications/Internet Provider must then complete its attachment(s) within one hundred eighty (180) days. If the Communications/Internet Provider does not complete its attachment(s) within that timeframe, The Power Company may elect to terminate its approval for the attachment by providing written notice to Communications/Internet Provider. Communications/Internet Provider is not entitled to a refund of any make ready costs previously paid for incomplete attachment. e. Any re-clearing of existing rights-of-way, and any tree trimming necessary for the establishment of joint use, shall be performed by the party making the attachment(s) or as may be mutually agreed upon. f. All poles jointly used under this Agreement shall remain the property of the Power Company, and any payments made by the Communications/Internet Provider for changes in pole lines under this Agreement shall not entitle the Communications/Internet Provider to ownership of any of said poles.