HomeMy WebLinkAbout2004-150 Pole Agrmt - CharterI:ITY OF
LAN D
LEGAL DEPARTMt~NT
Michael W. Franell, City Attorney
Sharlene P.Steph,gns, Legal Assistant/Claims Mgr.
July 9, 2004
Jill Valenstein
Cole, Raywid & Braverman
1919 Pennsylvania Avenue, N.W., Suite 200
WaShington, D.C. 20006-3458
RE: City of Ashland/Charter Pole Attachment Agreement
Enclosed is a fully executed original of the above-reference agreement for you~r records.
Sharlene P. Stephens
Legal Assistant
Enclosure
G:~lega~hadene\Charter Pole Attach Agree Ltr 0704.wpd
LEGAL DEPARTMENT
20 East Main Street
Ashland, Oregon 97520
www.ashland.or, us
Tel: 541-488-5350
Fax: 541-552-2092
TTY: 800-735-2900
franellm ¢,ashland.or.us
.stephensC, ashland.or.us
PRINTED ON RECYCLED PAPER
Joint Pole Use Master License Agreement
Between
City of Ashland ("Ashland")
and
Falcon Cable Systems Company, II, L.P. ("Licensee")
TABLE OF CONTENTS
1 Definitions·
· · ................................................ . ...................... 2
2. Scope ............................................................................ 3
3. Establishing Joint Use of Poles ........................................................ 4
4. Specifications ...................... - ...... . ......................................... 6
5. Rights of Way For Licensee's Attachments .............................................. 7
6. Installation of Attachments and Maintenance of Poles and Attachments ........................ 7
7. Division of Costs ................................................................... 8
8. Liability and Damages ............................................................... 9
9. Indemnity and Insurance. 9
10. Right to Refuse Use or to Grant Use to Third Parties .................................... 11
11. Use of Cable and Pole· - 11
12. Annual Fee ..................................................................... 12
13. Payments to Ashland. ~ 13
14. Term .......................................................................... 13
15. Termination of Joint Use. 13
16. Defaults ........................................................................ 14
17. Force Majeure ................................................................... 15
18. Waiver of Terms or Conditions. 15
19. Notices and Other Communications ...... . ............................................ 14
20. General Provisions ............................................................... 15
EXHIBIT A _ Attachment Application Form (AA)
EXHIBIT B- Attachment License Acknowledgment Form (ALA)
EXHIBIT C - Attachment Report Form
1- Joint Use Master License Agreement Charter pole attachment k 4-04.wpd
JOINT USE MASTER LICENSE AGREEMENT
This Joint Use Master License Agreement ("Agreement"), dated , is made by the City
of Ashland, Oregon, by and through its Department of Electric Utilities and Telecommunications
("Ashland") and Falcon Cable Systems Company, II, L.P. ("Licensee").
Recitals:
A. Ashland is willing to provide space on its Poles for the non-exclusive use of telecommunications and
other companies; and
B. Licensee desires to use certain Poles to meet its service requirements,
Ashland and Licensee agree:
1. Definitions. The terms used in this Agreement are defined as follows:
1.1. AA means a Attachment Application in the form of Exhibit A or as may from time to time be
prescribed by Ashland, prepared by the Licensee and submitted to Ashland with appropriate supporting
materials to request use of a particular Attachment(s).
1.2. ALA means an Attachment License Acknowledgment in the form of Exhibit B or as may from
time to time be prescribed by Ashland, executed for each Attachment to be used by Licensee.
1.3. Annual Fee means the fees for attachments due no later than the beginning of each Contract
Year in the amounts described in section 12. For purposes of assessing rent under this Agreement, the
following Attachments shall be permitted and assessed an annual rental fee: mainline attachments (the
mainline attachment permit includes all equipment and facilities associated with the mainline, attachment
and located Within the 12 inch communications space allotted to Licensee), power supplies, service drops
attached to drop poles and service drops attached to service poles to the extent attached separately from
the mainline attachment and outside of the 12 inch communications space.
1.4. Attachment means any cable, equipment or ancillary item. For the purpose of this definition,
"cable" means coaxial, fiber-optic, or similar cable commonly used for the transmission or distribution of
communication signals or digital information; "equipment" means amplifiers, power supplies, translators,
antennas and any other facilities or apparatus of any sort other than cable or ancillary items.; and "ancillary
item" means material such as a hook, bracket, crossarm, conduit riser, guy, or anchor required to support
the weight or tension of the cable or equipment on a Pole. Attachment does nbt include any' overlashing or
any stand-off bracket installed by the Department for the common use of any utility desiring such use.
1.5. Contract Year means 12:01 a.m. on July 1 through 12:00 midnight June 30.
1.6. Department means the Department of Electric Utilities and Telecommunications for the City
of Ashland.
1.8. Forced Termination means a situation in which Licensee must immediately terminate its use
of the Poles and remove its Cable, Ancillary items and Equipment in order to provide for the restoration of
electrical service.
1.9. Make-Ready means the construction and changes required to prepare the Pole for
Licensee's Attachment. This includes, but is not limited to, removing secondary conductors and racks,
raising power conductors, installing line attachment equipment, and moving, replacing or relocating
Attachments.
1.10. National Electrical Safety Code or NESC means the current edition, and any supplements,
revisions or replacements of the publication, so named, published by the Institute of Electrical and
2 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4-04.wpd
Electronics Engineers, Inc., for the purpose of safeguarding persons and property during the installation,
operation, or maintenance of electric supply and communication lines and associated equipment.
1.11. Net Loss as applied to Pole replacements means the actual cost less depreciation, plus the
cost of removal minus the salvage value of the Pole replaced.
1.12. Poles mean utility poles owned by Ashland and designed to support any of Ashland's
electric utility facilities:
a. "Distribution Poles" are those poles designed only for facilities rated 35 kV or less; and
b. "Transmission Poles" are those poles designed for facilities rated greater than 35 kV and which
may also support facilities rated 35 kV or less.
1.13. Term has the meaning set forth in section 14.
2. Scope.
2.1. This Agreement sets forth the terms and conditions upon which space on Structures will be
provided by Ashland to Licensee.
2.2. All existing agreements between Licensee and Ashland for the joint use of Poles are, by
mutUal consents, abrogated and annulled; provided, however, that such abrogation and annulment does
not in' any way affect any claim, protection, or right to any payment or damages which may be asserted by
or against either party on account of doing or failure to do or perform any or all acts pertaining to such
existing agreements that were to be done by it prior to the date of this Agreement.
2.3. This Agreement and the Exhibits listed below constitute the entire agreement between the
parties with respect to the matters contemplated in this Agreement and supersede all prior oral and written
agreements, commitments and understandings with respect to the matters provided in this Agreement.
Attachment Application Form (AA)
Attachment License Acknowledgment Form (ALA)
Attachment Report Form
Exhibit A
Exhibit B
Exhibit C
2.4. Nothing contained in this Agreement is to be construed to create any partnership or agency
relationship between the Parties for any purpose, action, or transaction, including those related to the
performance of this Agreement.
2.5. Nothing in this Agreement is to be construed to obligate Ashland to grant the Licensee
permission to use any particular Pole until an Attachment License has been granted for that Pole.
Permission for Licensee's use of a Pole will be given only when Ashland reasonably determines whether
or not the Pole has sufficient and suitable capacity available and can meet all applicable safety, reliability
and engineering considerations for the Pole and the facilities in or on the Pole.
2.6. No use of any Poles under this Agreement creates or vests in Licensee any ownership or
property rights in the Poles, but Licensee's rights shall be and remain a mere license.
2.7. This Agreement is limited to Poles in Ashland's service territory, including Poles now existing
and acquired after the effective date of this Agreement. Ashland reserves the right to exclude from joint
use on a non-discriminatory basis:
a. Poles necessary for Ashland's own electric utility use; and
b. Poles that carry, or are intended to carry, circuits of such a character that, in Ashland's sole
judgment, the proper rendering of its electric utility services now or in the future makes joint use of
such Poles undesirable.
3 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4-04.wpd
2.8. In the course of performance under this Agreement, Ashland will have access to certain
information, the ownership and confidential status of which may be highly important to Licensee, including,
· but not limited to: information about products, services, business plans, routes, trade secrets., discoveries,
ideas, designs, drawings, specifications, techniques, models, data, programs, documentation, processes,
know-how, customer lists, marketing plans, and financial and technical information. If Licensee submits
any such "Confidential Information" to Ashland, Licensee must first mark such information as
"Confidential." Ashland agrees:
a. not to disclose any Confidential Information, to any third person except as required by law,
including but not limited to the Oregon Public Records Law, or by this Agreement or with the
express written consent of Licensee;
b. not to copy, transmit, reproduce, summarize, quote, or make any commercial use whatsoever
of Confidential Information, except as may be necessary by this Agreement;
c. to exercise reasonable care in safeguarding Confidential Information against loss,, theft, or other
inadvertent disclosure; and
d. to take reasonable steps to maintain such confidentiality.
2.9. In furtherance of the security of communications, Licensee agrees to provide suitable
identification to each of its employees, agents and contractors; and to inform each employee, agent and
contractor performing any installation or other work or services by or for Licensee on Poles of all rules and
regulations applicable to this Agreement.
2.10. The provisions of this paragraph survive termination of this Agreement. The parties agree to
take all reasonable actions as may be appropriate or required to comply with all laws, rules, and
regulations applicable to them jointly or severally by reason of the transactions contemplated by this
Agreement.
2.11. This Agreement is to be interpreted, construed and enforced in accordance with the laws of
the State of Oregon. Venue in any action concerning this Agreement shall be in Jackson County, Oregon.
2.12. To the extent that this Agreement, any parts of this Agreement, Attachments to the
Agreement, or the ALAs are subject to the authority of regulatory agencies having jurisdiction over
Ashland or Licensee, each party will promptly submit this Agreement, Attachments to the Agreement, or
the ALAs to the regulatory agencies having such jurisdiction over such party and will take such additional
action as may reasonably be required to promptly obtain any required approvals or other action by such
agencies.
3. Establishing Joint Use of Poles.
3.1. Whenever Licensee wishes to attach Attachments, as described in section 1.3, in or on any
Poles or to alter in any way any Attachments, Licensee must:
a. Unless subsection 3.1 .b applies, first make written application to Ashland, showing the Pole(s)
where Licensee's use is requested. Any application under this section must provide the applicable
information in an Attachment Application in the form of the attached Exhibit A or as may from time
to time be prescribed by Ashland.
b. Ashland is in the process of completing a survey of Poles in order to determine the number of
Attachments (as described in section 1.3) Licensee has on Poles and the identification/location of
those Poles. To the extent any of Licensee's Attachments were attached without an application or
permit prior to January 2003, Licensee shall submit one application to cover such Attachments.
Licensee will submit this application within 30 days of receipt of Ashland's survey results, allowing
Licensee to adequately identify each Attachment and Pole for purposes of the application.
Licensee will be assessed rent for each of the Attachments (as described in section 1.3 on a
4 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter\Charter pole attachment k 4-04.wpd
going-forward basis only, and Ashland agrees not to assess any penalties for the failure to make
application or obtain permits prior to January 2003.
3.2. As part of the Attachment Application, Licensee must provide a proposed engineering, design
and construction plan and specifications for the installation of the Licensee's equipment for Ashland's
review and approval. Ashland's review of licensee's plans and specifications, or any changes required by
Ashland does not constitute acceptance or warranty with respect to the adequacy or safety of such plans.
3.3. The AA must include the distances from the proposed telecommunications Equipment to
electric power conductors and hardware and to the attachments of others. The AA must include applicable
data for the proposed installation including the dimensions, unit weight, and type and size of cable.
3.4. Ashland will issue a written response within 30 calendar days after receipt of a request, and
such response will state a rational basis for either:
a. approving the request;
b. advising of changes to the request; or
c. denying the request due to legitimate concerns for capacity, safety, reliability, or e, ngineering
reasons;
3.5. For any request that is not denied, Ashland's response will state estimated charges to be paid
by Licensee for Make-Ready work to be performed on the Pole(s);
3.6. Licensee must respond in writing within 30 calendar days after Ashland's response and, at
Licensee's sole discretion, may:
a. accept the Pole(s) on the conditions set forth in Ashland's response;
b. request changes to Ashland's response; or
c. decline to use the Pole(s); and
3.7. When the parties agree on the particular terms for an Attachment, the parties will execute an
Attachment License Acknowledgment in the form of Exhibit B for each Attachment or Group of
Attachments. Each ALA will be deemed a part of this Agreement; provided, however, the terms and
conditions of the ALA will govern and control to the extent of any discrepancy or inconsistency between
the terms and conditions of such ALA and this Agreement. Provided, also, that no ALA will survive
expiration or termination of this Agreement.
3.8. Only those items designated in the ALA may be installed on the Poles. Licensee shall not
change the position of any Attachment upon any Poles without first making application and ~receiving
permission to do so.
3.9. Upon request, but not more than once a year, Licensee is to promptly provide the Department
with the names and other pertinent information of Licensee's proposed design consultants, right-of-
way/permitting consultants and installation contractors and subcontractors for Ashland's ap,,proval, which
approval may not be unreasonably withheld.
3.10. Whenever Ashland determines that joint use of Poles is not properly established, or any
other provision of this Agreement has been violated, Ashland reserves the right to impose s,anctions on
the violator to the maximum extent allowed under Oregon law. Notwithstanding the foregoing, Ashland
shall provide written notification to Licensee of any joint use nonconformance or other Agreement violation
and allow Licensee thirty days to verify and cure the nonconformance or other violation. If Licensee does
not cure the nonconformance or violation within 30 days of notification, or if a cure is not possible within 30
days, has not diligently begun to cure the nonconformance or violation in 30 days, then Ashland may
5 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4704.wpd
correct the nonconformance or violation at Licensee's sole risk and expense and apply sanctions. If
Ashland determines that the nonconformance or violation constitute an immediate threat to the safety of
utility workers or the public, or pose an immediate threat to the integrity of Ashland's poles or equipment,
then Ashland may perform such work and/or take such action that it deems necessary without first giving
notice to Licensee.
3.11. Notwithstanding section 3.10, Ashland shall not impose the sanctions set fodh at
OAR §§ 860-028-0120(1)(c)-(d) governing a pole occupant's duty to install and maintain its attachment in
compliance with a pole owner's written contract/permits and the Commission's safety rules, which are
scheduled to become effective January 1, 2003, while Licensee is diligently pursuing its compliance
program.
4. Specifications.
4.1. Licensee's installations must be in strict accordance with all state and local laws, rules and
regulations, including without limitation the latest edition of, and most recent supplement to, the National
Electrical Safety Code, the Oregon Public Utility Commission's ("OPUC") "Safety Provisions for Joint-use
of Poles" and "Line Inspection Requirements for Utility Operators," and such requirements arid
specifications as Ashland may from time to time prescribe, including without limitation, Ashla~r~d's
distribution construction standards. In the event of any conflict between any of the requirements and
specifications of the NESC, OPUC, and those prescribed by Ashland, the more restrictive requirements
and specifications will govern. In the event there are changes in any such requirements or specifications,
including but not limited to changes in required clearances, Licensee, when notified by Ashland, will modify
its Attachments to comply with such changes at its sole risk and expense. In all cases, any such required
changes shall be applied by Ashland on a nondiscriminatory basis, as applicable.
4.2. Licensee's amplifiers, power supplies, antennas, translators and other facilities and
Equipment required for the operation of the system must not interfere with the facilities of or use of any
Poles, and must be in conformity with such requirements and specifications as Ashland may from time to
time prescribe, including but not limited to climbing space, working space, separation from power
conductors and clearance above ground.
4.3. Licensee must install and maintain non-corrosive durable tags, suitable for outdoor use and
'resistant to ultra violet radiation at each Pole to identify the name of the owner and a 24-hou=r emergency
telephone number. Not more than one tag per Pole shall be necessary so long as such tag adequately
identifies each piece of Equipment on each Pole. Unless OPUC requires otherwise, Poles occupied by
Licensee prior to the effective date of this Agreement that do not already contain a tag, may be tagged by
Licensee during its inspection and correction program, routine maintenance and upgrade activities.
4.4. If any Attachment is not maintained in accordance with NESC, Ashland's distribution
construction standards or current State of Oregon safety rules, Ashland reserves the right to correct the
condition upon Licensee's failure to do so, as provided in section 3.10. Such work will be pe~rformed at
Licensee's sole risk and expense. Ashland will attempt to notify Licensee electronically or in writing prior to
performing such work whenever practical. However, when Ashland determines such conditions pose an
immediate threat to the safety of Ashland's employees or the public, interfere with the performance of
Ashland's service obligations, or pose an immediate threat to the integrity of the Poles or As~hland's
Equipment, Ashland may perform such work or take such action that it deems necessary without first
giving written notice to Licensee and without subjecting itself to any liability. As soon as practicable
thereafter, Ashland will advise Licensee in writing of the work performed or the action taken and will
endeavor to arrange for the accommodation of any affected Attachments. Licensee is responsible for
paying Ashland, upon demand, for all costs incurred by Ashland for all work, action, and accommodation
performed by Ashland under this section 4.4.
4.5. Licensee (including its employees and contractors) shall not enter the electric utility space for
any purpose including making connections to Ashland's neutral. If Licensee requires grounding on an
existing Pole where grounding conductor does not exist, Licensee must request Ashland to install
grounding at the sole expense of Licensee.
6 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4-04.wpd
5. Rights of Way For Licensee's Attachments. Licensee is solely responsible for obtaining from public
authorities and private owners of real property any and all permits or easements required for' the lawful
exercise of the permission granted by any application approved under this Agreement. Acceptance of this
Agreement by Ashland is not to be construed as a license, franchise or permit by Ashland for use of public
rights of way within the City of Ashland.
6. Installation of Attachments and Maintenance of Poles and Attachments.
6.1. Ashland will maintain jointly used Poles in a safe and serviceable condition and in accordance
with the Specification referred to in section 4, and will replace, reinforce, or repair any all such Poles that
Ashland, in its sole discretion, determines to be defective.
6.2. In the event that modifications or repairs to Ashland's electric utility system require that
Licensee's Cable, Ancillary Items or Equipment be temporarily disconnected or taken out of service,
Ashland will coordinate such interruption with Licensee in advance to the extent practical.
6.3. If deemed necessary by the parties, Licensee and Ashland will endeavor to jointly develop
practices and procedures for emergency restoration of services utilizing Licensee's Cable, Ancillary Items
or Equipment.
6.4. Licensee agrees that restoration of Ashland's electric utility service takes precedence over
restoration of Licensee's damaged Cable, Ancillary Items or Equipment.
6.5. Licensee's Cable, Ancillary Items and Equipment on Poles must be maintained:
a. In a safe condition;
b. In a manner which will not conflict or interfere with the use of such Poles by Ashland or others
using such Poles, or with the use of facilities of Ashland or others on, or from time to time placed
on, such Poles:
c. In conformity with such requirements and specifications as Ashland may from time to time
prescribe; and
d. In accordance with all applicable state and local laws, regulations, and rules pertaining to Pole
construction, including, without limiting the scope of the foregoing, the National Electrical Safety
Code.
6.6. Licensee shall coordinate construction and maintenance activity with Ashland in order to
minimize interruption and interference with Ashland's electric utility facilities and operations.
6.7. Licensee shall neither handle nor change the position of any utility facilities belonging to
Ashland. In the event that such changes are required, Licensee must make a request to Ashland that
Ashland make the change at Licensee's sole expense.
6.8. Licensee shall neither handle nor change the position of any Cables, tags, or equipment
belonging to third parties in or on Poles. In the event that such changes are required, Licensee shall make
suitable arrangements with the third parties and will deliver appropriate evidence of authori~:ation from
those parties to Ashland prior to installation of any of Licensee's facilities in or on Poles.
6.9. If Cables with metallic components are installed on Poles, Licensee shall be responsible for
the installation, maintenance and repair of all electrical bonding.
6.10. Ashland has the right to inspect and monitor all work by Licensee on and nea~r Poles.
7 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4-04.wpd
6.11. Licensee must maintain guys and anchors of adequate size and strength to hold the loading
of Licensee's Attachments upon Poles, at Licensee's sole risk and expense. Licensee's guys must be
insulated from ground.
6.12. When in Ashland's sole judgment such procedure is desirable, Ashland may install and
maintain adequately sized anchors to hold the loading of Ashland's Equipment and Licensee's
Attachments and Licensee shall, upon demand, pay Ashland 50% of the costs Ashland incurs.
6.13. In those cases where guying facilities installed by Licensee are inadequate to hold the
loading of Licensee's Attachments, Ashland will give notice to Licensee of such inadequacy. If Licensee
fails to cure such inadequacy within 30 days, Ashland may, at Licensee's sole risk and expense, install
adequate guying facilities to hold the loading of Licensee's Attachments and Licensee will, upon demand,
reimburse Ashland for the entire expense incurred. Provided, however, Ashland may perform such work at
Licensee's sole risk and expense, without notice, if in Ashland's judgment such work is necessary to
maintain the safety of Ashland's facilities.
7. Division of Costs.
7.1. Ashland will pay full cost for Pole and support equipment to meet Ashland's requirements.
When Licensee requests additional requirements for Pole or support equipment, Licensee shall pay to
Ashland all additional costs.
7.2. Licensee must maintain, rearrange, transfer, and remove its own Cable, Ancillary Items or
Equipment at its own expense except as otherwise expressly provided under this Agreement.
7.3. Upon request, Ashland will install and maintain equipment for Licensee's attachments at
Licensee's expense. Licensee will purchase and own such equipment. These facilities must meet
Ashland's approval, which approval will not be unreasonably withheld.
7.4. Make-Ready Costs:
a. Licensee will be required to pay, prior to construction, the estimated Make-Ready ,costs to be
incurred by Ashland in connection with this Agreement. If the actual costs exceed the pre-
payment, Licensee will reimburse Ashland for the difference. If the pre-payment exceeds the
actual costs, Ashland will reimburse Licensee for the difference. All such costs and expenses will
be paid within 30 calendar days after receipt of a statement of such costs and expenses and
reasonable supporting documentation. The payment of Make-Ready costs does not create or vest
in Licensee any ownership or property rights in the facilities of Ashland or others.
b. Without limiting the generality of the foregoing, amounts recoverable by Ashland will consist of
fully allocated costs for labor (including but not limited to all payroll costs and overheads and all
applicable engineering, supervision, and administrative overheads), materials, equipment,
transportation, employee expenses, reprographic services, supplies, telephone service and other
expenses incurred by Ashland in connection with:
I) removal, modification, or installation of Ashland's Poles and electrical power facilities to
provide suitable Poles;
ii) preparation of the Attachment; and
iii) installation, maintenance, and inspection of Equipment.
7.5. Costs for Licensee's Requirement for new Poles:
a. Licensee may request that Ashland install new Poles by submitting such request on an AA. The
responsibilities for the work and expense of installation will be as provided in this Agreement for
Make-Ready work. Upon request, Ashland will install Licensee's Equipment upon such new Poles
at Licensee's sole expense in accordance with the terms of this Agreement.
8 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4-04.wpd
b. If Ashland declines to install the requested structures, Licensee may install its own structures at
its own expense, provided that Licensee's facilities are installed in a location and manner to not
encroach or interfere with access to and operation of Ashland's existing facilities.
7.6. Each party shall pay all taxes and assessments lawfully levied on its own property upon any
jointly used Poles, and the taxes and the assessments that are levied on the joint use Poles shall be paid
by Ashland. Any tax, fee or charge levied on Poles solely because of their use by the Licensee, however,
shall be paid by Licensee.
8. Liability and Damages.
8.1. Licensee shall exercise due care to prevent damage to Poles and Ashland's facilities and
adjacent properties and shall repair any damage that Licensee may cause. Ashland shall exercise due
care to prevent damage to Licensee's facilities and adjacent properties and shall rePair any damage
cauSed by Ashland's negligent actions or wanton or willful misconduct. Licensee shall comply with all
agreements and requirements associated with Ashland's rights-of-way. Licensee shall comply with
Ashland's reasonable requests to utilize alternate means of installation if necessary to prevent damage to
Ashland's facilities and adjacent properties.
8.2. Ashland reserves to itself the right to maintain Poles and to operate its facilities iin the manner
it deems necessary. Ashland is not liable to Licensee, except for the willful and wanton misconduct of
Ashland, its employees or contractors, for any interruption to Licensee's service or for any interference
with the operation of Licensee's Cable, Ancillary Items, or Equipment in any manner from thE; use of such
Poles and the facilities by Ashland.
8.3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ASHLAND HAS
NO LIABILITY TO LICENSEE FOR.ANY: LOSS OF PROFIT OR REVENUE, LOSS OF USE! OF THE
ATTACHMENTS OR THE SYSTEM, CLAIMS OF CUSTOMERS OF LICENSEE FOR SERVICE
INTERRUPTIONS, AND DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC OR
CONSEQUENTIAL DAMAGES, AS A RESULT OF OR RELATED TO THE ATTACHMENTS, THE
EXISTENCE OF THE ATTACHMENTS, OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT
TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY OR STRICT
LIABILITY) OR OTHERWISE.
8.4. Except as provided above, Licensee will be responsible for and will bear any and all risk of
loss, deterioration, theft, vandalism or destruction of, or damage to the Attachments and anything used (or
to be used or consumed) in connection with Licensee's installing, maintaining, or removal or replacement
of its Equipment.
9. Indemnity and Insurance.
9.1. Licensee releases and will defend, indemnify and hold harmless Ashland from a~ny and all
claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable
attorneys' fees) arising (whether before or after termination of the Term) out of or in connection with the
location of any Attachments by Licensee, the performance of the Licensee's work, the operation by
Licensee of the Attachments or the system of which the Attachments is a part, the enforcement of this
Agreement by Ashland, any default under or breach of this Agreement by Licensee or the acts or
omissions of Licensee or any of its suppliers or subcontractors of any tier, the respective successors and
assigns of Licensee or any of such suppliers or subcontractors of any tier, the directors, officers,
employees and agents of each of the foregoing, or anyone acting on Licensee's behalf in connection with
this Agreement. To the fullest extent permitted by applicable law, the foregoing release, indemnity and
hold harmless will apply regardless of any act, omission, fault, or strict liability of Ashland, provided,
however, that Licensee will not be required to so indemnify Ashland against any claim, loss, cost, liability,
damage or expense to the extent the same is caused by or results from the negligence or willful
misconduct of Ashland. Notwithstanding the above, for any enforcement action initiated by Ashland
against Licensee, Licensee shall indemnify Ashland from all expenses as defined in this section to the
extent that Ashland is the prevailing party. IN CONNECTION WITH ANY ACTION BROUGHT AGAINST
9 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4-04.wpd
ASHLAND BY ANY EMPLOYEE OF THE LICENSEE, LICENSEE WAIVES ANY DEFENSE TO
ENFORCEMENT OF THIS PARAGRAPH BASED UPON ANY IMMUNITY, DEFENSE, OR
PROTECTION UNDER ANY WORKERS' COMPENSATION, INDUSTRIAL INSURANCE, OR SIMILAR
LAWS (INCLUDING, BUT NOT LIMITED TO, CHAPTER 656 OF THE OREGON REVISED STATUTES).
THE WAIVER SET FORTH IN THE PRECEDING SENTENCE HAS BEEN SPECIFICALLY
NEGOTIATED BETWEEN THE PARTIES.
9.2. Except for Ashland's negligence orwillful or wanton misconduct, Licensee will hold Ashland
harmless from all third-party claims of any kind or nature whatsoever associated with Licensee's access to
the public right of way, public utilities easement or adjacent properties.
9.3. Licensee will ensure that Licensee and all persons performing work, Licensee and its
suppliers or subcontractors, maintain in effect at all times during the work, coverage or insurance in
accordance with the applicable laws relating to worker's compensation and employer's liability insurance
(including, but not limited to, Chapters 654 & 656 of the Oregon Revised Statutes, where applicable, and
the laws of the state in which any such person was hired), regardless of whether such coverage is
mandatory or merely elective under the law. Licensee will furnish to Ashland such assurance and
evidence of such coverage of insurance certificates of insurance) as Ashland may request.
9.4. Licensee will secure and maintain in effect at all times during the Term of this Agreement the
following insurance.
a. Commercial General Liability Coverage, including personal injury, bodily injury, property
damage, operations hazard, independent contractor coverage, contractual liability and products
and competed operations liability, in limits not less than $500,000 for each occurrence (combined
single limit) with Licensee listed as insured and Ashland listed as an additional insured as their
respective interests may appear.
b. Business automobile insurance with a limit of no less than $500,000 combined single
limits of bodily injury and property damage, including owned, non-owned and hired car liability
applicable to any licensed vehicle used in connection with Licensee's work on or use of the Poles.
Ashland shall be listed as an additional insured under such policy.
c. Upon thirty days notice, such other insurance in such amounts as may from time to
time be reasonably requested by Ashland against other insurable hazards related to the Poles
(including, without limitation, hazards to Ashland property related to Licensee's activities), which at
the time are customarily insured against by owners or operators of similar types of p~roperties.
Upon thirty.days notice, Ashland may require changes in the amounts or limits of the, insurance to
be maintained under this section to maintain reasonably equivalent coverage due to inflation,
changes in Licensee's business operations, changes in law, including changes in Ashland's
statutory limitation of liability, or changes in policy terms. The policies shall include (a) provisions
or endorsements naming Ashland, its directors, officers and employees as additional insured, and
(b) a cross-liability and severability of interest clause.
9.5. All required insurance policies must be taken out with reputable national insurers (B++ rating
or higher) that are licensed to do business in the jurisdiction where the Attachments are located. All
policies must contain an undertaking by the insurers to notify Ashland in writing not less than 30 days
before any material change, reduction in coverage, cancellation, or termination of the insurance. Each
insurance policy maintained by Licensee will provide coverage on an occurrence rather than a claims-
made basis and will provide that no act, omission, or default by Ashland will render the policy void as to
Ashland or of Ashland's right to recover thereon. All policies will be written as primary policies covering
Licensee's operations and facilities under this Agreement, not contributing with, and not in excess of
coverage which Ashland may carry.
9.6. On or before commencement of any work and thereafter upon the request of Ashland,
Licensee will provide certificates of insurance evidencing the required insurance.
10 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter\Charter pole attachment k 4-04.wpd
9.7. Licensee will also furnish Ashland with such additional assurance and evidence of such
insurance as Ashland may from time to time request. Within 30 days after any notice of termination,
cancellation, expiration, or alteration in any policy of insurance required under this Agreement, Licensee
will deliver to Ashland a Certificate of Insurance acceptable to Ashland with respect to any replacement
policy.
9.8.Licensee will ensure that any policies bf insurance that Licensee or any of its suppliers or
subcontractors of any tier carry as insurance against property damage or against liability for personal
injury (including death) or property damage will include a provision for providing a waiver of the insurer's
right to subrogation against Ashland. ,To the extent permitted by its insurance'policies, Licensee waives all
rights of subrogation against Ashland.
10. Right to Refuse Use or to Grant Use to Third Parties.
10.1. Licensee's rights under this Agreement are not exclusive. Ashland may grant rights to use
any portion of its Poles to any other party for any purpose, including uses in direct competition with
Licensee, provided that no such use will interfere with Licensee's rights to use the Attachment(s) for the
purposes permitted under this Agreement and the ALA for the Attachment(s).
10.2. Nothing in this Agreement shall be construed as affecting any rights or privileges previously
conferred by Ashland or any other utility, by contract or otherwise, to others not parties to this Agreement
to use any Poles covered by this Agreement; and Ashland and such other utility shall have the right to
continue and extend such rights or privileges.
11. Use of Cable and Pole.
11.1. Licensee's use of each Attachment is limited to the operation of a wireline-based
communications system used to provide cable services, information services and other lawful
communication services. Nothing in this agreement shall be interpreted to mean that permission to install
an attachment waives any requirement of Licensee to apply for and obtain a telecommunicatiions franchise
from the City. Notwithstanding the foregoing, the parties disagree over whether a telecommu~nications
franchise is required by Licensee and execution of this Agreement by Licensee shall not be dleemed in any
way as an admission by Licensee that a telecommunications franchise is required or that Licensee is in
violation of this Agreement or its cable franchise for failure to obtain a telecommunications franchise.
11.2. Licensee shall have full and complete control, responsibility, and liability for the signals it
distributes over the Cable on the Attachment.
11.3. Licensee shall not use the space provided under this Agreement in violation of this
Agreement or of any law or any rule, regulation, or order of any governmental authority having jurisdiction.
11.4. Licensee agrees to be responsible for all applicable franchise requirements and business
licenses throughout the Term of this Agreement.
12. AnnualFee.
12.1. As compensation for the use of space on Ashland's Poles, Licensee shall pay 1Io Ashland for
each Attachment, at the beginning of each Contract Year of the Agreement, an amount equal to the Pole
Value (PV) times the Carrying Charge (CC) times the Use Ratio (UR):
PV times CC times UR
a. PV means the depreciated original installed cost of an average bare pole.
b. CC means the percentage of operation, maintenance, administrative, general, and depreciation
expenses, taxes and money costs attributable to the facilities used by the licensee. 'l'he cost of
money component shall be equal to the effective rate of borrowed capital in the electric fund.
c. UR means one foot divided by the Usable Space. Usable Space means all the space on a pole
11 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter\Charter pole attachment k 4-04.wpd
as expressed in feet, except the six foot portion below ground level, the 20 feet of safety
clearance space above ground level, and the safety clearance space of 40 inches between
communications and power circuits.
d. Contract Year means a fiscal year beginning July 1st and ending on June 30th.
12.2. Applicable rates may be revised annually per the above formula. Written notice of any
change in the rate for the next Contract Year will be delivered to Licensee on or before the first day of
June of each year and will be effective for the next Contract year. The parties to this Agreement expressly
agree that the rate per Attachment computed using the above formula is just, fair and reasonable and
meets the requirements of ORS 757.282 and OAR 860-028-0110.
12.3. Licensee shall deliver a written report to Ashland by May 1st of each year enumerating the
current number of Attachments. Such report shall be in the form of the attached Exhibit C or as may be
from time to time prescribed by Ashland.
12.4. Ashland may perform full or sample audits from time to time to determine the number of
attachments, provided, however, that such audits shall not be performed more than once annually, unless
Licensee's pattern of behavior dictates otherwise.
a. Ashland will notify Licensee prior to the scheduled start of the audit to allow Licensee to
participate. Ashland will report the audit results to Licensee within 30 calendar days of the audit
completion.
b. If the number of Attachments reported is less than 95% of the audit results, then the
difference will be invoiced to Licensee at no more than three times the current attachment rate
times the number of unreported attachments times the number of years since the last audit. Such
invoice for unreported Attachments will be paid by Licensee within 30 calendar days after receipt.
13. Payments to Ashland.
13.1. All amounts payable by Licensee to Ashland under the provisions of this Agreement are,
unless otherwise, specified, payable within 30 calendar days after presentation of a bill for payment.
Amounts not paid by the due date accrue interest at the rate of 12% per annum. Non-payment of any such
amount when due is a default by Licensee of the applicable ALA and is cause for termination of that
Agreement.
13.2. The first payment for new ALAs within any Contract year will be prorated from the date of
execution of the ALA to the next anniversary of the Contract Year of the Agreement. Subsequent
payments will be the full amount for a full Contract Year.
13.3. Not less than 30 calendar days prior to the date upon which the next annual fee is due,
Ashland will provide to Licensee written notification of the amount due in accordance with the ALA.
13.4. The amount payable for the first Contract Year (July 1, 2003, to June 30, 2004) shall be due
30 days after Licensee's execution of this Agreement. The parties acknowledge that prior to the first
Contract Year, payments by Licensee were made in arrears for each calendar year. Because of this,
Licensee has not yet been billed nor has Licensee paid for the first six months of calendar year 2003. The
amount payable for this period shall be due at the same time the payment for the first Contra~ct Year is
due. The applicable rate for the first Contract Year shall be determined by the formula in paragraph 12.
The applicable rate for the first six months of calendar year 2003 shall be the same rate used for calendar
year 2002.
12 - Agreement
G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter\Charter pole attachment k 4-04.wpd
14. Term.
14.1. This Agreement is effective when fully executed and continues in effect for five years unless
sooner terminated by either party by delivering to the other pady written notice six months prior to the date
of termination.
14.2. Nothing in this Agreement is to be construed to compel Ashland to maintain any particular
Pole or Poles for a period longer than demanded by its own service requirements.
15. Termination or Relocation of Joint Use.
15.1. Notwithstanding the term established in section 14.1:
a. This Agreement or any ALA may be terminated upon 60 calendar days written notice by
either party.
b. An ALA shall terminate for any Pole which is removed by Ashland as a part of
relocating electric utilities underground. Whenever any such relocation underground occurs,
Licensee must, at its own sole risk and expense, relocate its facilities underground concurrently
with the other affected utilities to minimize disruption of the public right of way.
c. Upon notice from Ashland, Licensee must at any time, at its own sole risk and expense,
relocate, replace or renew Licensee's equipment or transfer it to substituted poles, or perform any
other work in connection with its equipment that may be required by City; provided, however, that
in cases of emergency, Ashland may, at Licensee's sole risk and expense, relocate or replace
such equipment, transfer it to substituted poles or perform any other work in connection with the
equipment that may be required in the maintenance, replacement, removal or relocation .of the
poles, or the facilities on such poles or which may be placed thereon, or for the service needs of
Ashland, and Licensee, on demand, must reimburse City for the entire expense incu~rred.
d. Ashland will attempt to recover any costs incurred by it under this section from
subsequent licensees if such rearrangement or relocation can be reasonably determined to be
make-ready work for such licensees at the time costs are incurred.
15.2. Upon the termination of this Agreement, or the expiration or termination of any ALA,
Licensee must cease use of the Poles and must, at its sole expense, remove its Equipment and Ancillary
Items. All rights of ownership of the Poles shall remain with Ashland. If Licensee has failed to remove its
Equipment and Ancillary Items from the Poles within 30 calendar days of being requested to do so,
Ashland may elect to take action to remove'all such Equipment and Ancillary items from its Poles and
Licensee agrees to reimburse Ashland in full for all of its reasonable costs of such removal and disposal.
Ashland shall not be responsible for any loss to those Equipment or Ancillary Items of Licensee which are
subject to removal.
1.5.3. Any termination of this Agreement in whole or in part shall not release either pa~rty from any
liability or obligation under this Agreement, whether of indemnity or otherwise, which may have accrued or
which may be accruing at the time of termination.
15.4. Notwithstanding any other provision of this Agreement, in the event of the failure of
Ashland's cable, conductor, Pole, or other utility equipment, the restoration of service may require the
immediate termination of service to Licensee and the removal of Licensee's Equipment on all of one or
more Poles ("Forced Termination"). Ashland will notify Licensee in advance of such termination if
practical, or in a reasonable time following such termination. In the event of such Forced Termination,
Licensee may apply for and Ashland will make a reasonable effort to expedite service on an alternative
Pole if one is available. In the event that the Pole with the Equipment serving Licensee is required by
Ashland to satisfy the capacity or reliability needs of Ashland's eleCtric utility system, Ashland will notify
Licensee at least 30 calendar days in advance as to the time and location of the necessary termination of
service. Licensee may apply for, and Ashland will make a reasonable effort to expedite, service on an
13 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter\Charter pole attachment k 4-04.wpd
alternative Pole if one is available. Such. application will be made under the terms and conditions of this
Agreement.
15.5. If, in Ashland's reasonable judgment, Licensee's existing Equipment on any Pole interferes
with or would make substantially more difficult or expensive the placing thereon of any additional facilities
desired by Ashland and if such additional Ashland facilities could be placed on such Pole only' by the
removing or rearranging such facilities, Ashland may notify Licensee of the rearrangements and transfers
of facilities desired in order to continue the attachment of Licensee's facilities, together with an estimate of
the cost of making any such changes.
a. If Licensee desires to continue to maintain its facilities in or on such Pole a~nd so
notifies Ashland, Ashland shall make such Pole changes and Licensee shall make such
rearrangements or transfers of its facilities.
b. If Licensee does not so notify Ashland, Licensee shall be allowed 30 calendar days
from such notification by Ashland within which to remove its Equipment from such Pole, provided
however, that Ashland in any emergency beyond its control, may require the Licensee to remove
its Equipment in the time required by such emergency. If equipment is not removed from the
Poles at the end of the 30 calendar day period, or in emergencies when required by Ashland,
Ashland may remove Licensee's facilities at Licensee's sole risk and expense and Licensee, on
demand, shall reimburse Ashland for the entire reasonable expense incurred.
16. Defaults.
16.1. Either party is in default of this Agreement if it fails to perform any material covenant or
agreement to be performed by it under this Agreement, including revocation of franchise rights (upon due
process and final appeals, if any) or business license, and if such failure continues unremedied for a
period of 30 calendar days after written notice is given to the defaulting party. The party not at default then,
at its option may declare the particular ALA to be in default and may terminate the related AL~,.
16.2. If Licensee defaults, it must remove its Equipment from the Poles within 30 (:lays from
written notification by Ashland.
16.3. If Licensee cannot remove its Equipment from any Pole within the time allowed for such
removal or cannot perform any other work which it is obligated to do under this Agreement, Ashland may
elect to do such work at Licensee's expense, and Licensee, on demand, will reimburse Ashland for all
direct expenses and overhead items incurred.
17. Force Majeure. If a party is delayed in, hindered in, Or prevented from performance required under
this Agreement (other than any delay or failure relating to payment of money, including, without limitation,
the Annual Fees and all reimbursable costs and expenses described elsewhere in this Agreement) by
circumstances beyond its control, including, without limitation, labor disputes, fire, explosion, flood,
drought, acts of God, war, or other hostilities, and civil commotion, domestic or foreign governmental acts,
orders, or regulations, inability to obtain facilities or supplies, or if Licensee or Ashland is notified by a state
or federal regulatory body that any aspect of this Agreement or the ALAs does not comply with any
applicable law, regulation, rule, or policy, then such party is excused from such performance for the period
of delay. The period for the performance of any such act will then be extended for the period of such
delay.
18. Waiver of Terms or Conditions.
18.1. The failure of either party to insist upon or enforce strict performance by the other party of
any of the provisions of this Agreement, or to exercise any rights under this Agreement, will not be
construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions
or rights in that or any other instance: rather, the same will be and remain in full force and effect.
14 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4-04.wpd
18.2. No act or failure to act by Ashland with regard to any unauthorized attachment to Poles by
any person shall be deemed as ratification or the licensing of the unauthorized attachment. If any license
should be subsequently issued, the license shall not operate retroactively or constitute a waiver by
Ashland of any of its rights or privileges under this Agreement; provided, however, that Licensee shall be
subject to all liabilities, obligations and responsibilities of this Agreement from its inception in regard to the
unauthorized attachment.
19. Notices and Other Communications. Any notice, request, approval, consent, instruction, direction,
or other communication given by either Ashland or Licensee to the other party under this Agreement will
be in writing via United States mail - Certified Return-Receipt requested, or via a nationally recognized
courier service with tracking capability and properly addressed to the party specified below. Fither party
may from time to time change such address by giving the other party notice of such change iin accordance
with the provisions of this section.
For Licensee: For Ashland:
Charter Communications, Inc.
Matt McGinty
Director of Technical Operations
Northwest Region
203 S.E. Park Plaza Drive
Suite 290
Vancouver, WA 98684
Director of Electric Utilities and Telecommu~nications
City of Ashland
90 North Mountain Street
Ashland, Oregon 97520
With copies to:
Charter. Communications, Inc.
N.W. Regional Office
Vice President, N.W. Region
203 S.E. Park Plaza Drive
Suite 290
Vancouver, WA 98684
Charter Communications, Inc.
Attn: Legal Department-Operations
'12405 Powerscourt Drive
St. Louis, MO 63131-3674
20. General Provisions.
20.1. Attorney's Fees. If either party should bring any suit, action, or other legal proceeding
against the other party on account of any matter arising from this Agreement, the prevailing party shall be
entitled to recover, in addition to any judgment or decree for costs, such reasonable attorney's fees as it
may have incurred in such suit, action, or other legal proceeding, including appeals.
20.2. Interest. All amounts payable under the provisions of this Agreement are, unless otherwise
specified, payable within 30 days of the invoice date. An interest charge at the rate of one percent per
month shall be assessed against all late payments.
20.3. Relationship to Third-parties. Nothing in this Agreement is to be construed as affecting
any rights or privileges previously conferred by Ashland, by contract or otherwise, to others not parties to
this Agreement to use any Poles covered by this Agreement. Ashland shall have the right to continue,
modify, amend, or extend such rights or privileges. The privileges granted to Licensee under this
Agreement shall, at all times, be subject to all existing contracts and arrangements. Further, nothing in this
Agreement shall be construed as conferring or granting to Licensee the exclusive privilege or right to use
any of the Poles or other facilities of Ashland. Nothing in this Agreement is intended to confer rights on any
third-party, as a third-party beneficiary or otherwise.
15 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter\Charter pole attachment k 4-04.wpd
20.4. Assignment of Rights. Licensee shall not assign, transfer or sublet any privilege granted to
it without the prior written consent of Ashland, which consent shall not be unreasonably withheld,
conditioned or delayed, but otherwise this Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties.
20.5. Applicability of Oregon Administrative Rules. To the extent that the terms ()f this
Agreement conflict with provisions of the Oregon Administrative Rules (OAR) governing attachments to
utility poles and the terms of the OAR permit Ashland and Licensee to agree to terms differing from those
Specified in the OAR, then the terms of this Agreement will govern. Otherwise, Licensee's use of Poles will
be governed by applicable provisions of the OAR and the terms of this Agreement not inconsistent 'with
applicable OAR provisions. Applicable proviSions include without limitation the provisions of ,OAR section
860-022-0055 and OAR sections 860-022-0110 through 860-022-0240.
20.6. Applicable Law; Venue. In the event that legal action is required to enforce this Agreement
or to obtain any remedy available hereunder, the Parties agree that this Agreement shall be interpreted
according to the laws of the State of Oregon without consideration of the choice of law rules thereof.
20.7. Severability. In the event that any of the terms, covenants or conditions of this Agreement,
or the application of any such term, covenant or condition, is held to be invalid as to any person or
circumstance by any court, regulatory agency, or other regulatory body having jurisdiction, all other terms,
covenants or conditions of this Agreement and their application shall not be affected, but shall remain in
full force and effect.
20.8. Additional Representations and Warranties. Each party warrants and represents to the
other that it possesses the necessary corporate, governmental and legal authority, right and power to
enter into this Agreement and to perform each and every duty imposed. Each party also warrants and
represents to the other that each of its representatives executing this Agreement, or submitting or
approving an application made under this Agreement, is authorized to act on its behalf.
Each party further warrants and represents that entering into and performing under this
Agreement does not violate or conflict with its charter, by-laws or comparable constituent document, any
law applicable to it, any order or judgment of any court or other agency of government applicable to it or
any agreement to which it is a party and that this Agreement and any approved application, constitute
valid, legal, and binding obligations enforceable against such party in accordance with their terms.
Each party also represents that it is solvent and that on each day of the term of this Agreement,
this representation shall be deemed renewed unless and until notice to the contrary is given :in writing to
the other party.
LICENSEE:
Falco.~le, Systems Company,~ll~.P.
Title: ',--~v~ President'
Date:
ASHLAND:
Date:
16 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter\Charter pole attachment k 4-04.wpd
EXHIBIT A
CITY OF
SHLAND
Department of Electric Utilities
and
Telecommunications
Attachment Application
Date Sent:
Page
Job Order #
of
TO'
Electdc Operation
City of Ashland
90 North Mountain Avenue
Ashland OR 97520
From'
Phone: 541-488-5357
Fax: 541-488-5320
Phone:
Fax:
Ashland Pole #
Address
Attachment Type:
Comments:
[] Applicant has attached a proposed engineering, design and construction plan and specifications for the
installation. (Note: Plans and specifications must include the distances from the proposed Attachment to
electric power COnductors and hardware and to the attachments of others. Include applicable data for the
proposed installation including the dimensions, unit weight, and type and size of cable.)
Signature of Applicant:
, Title: Date:
To be filled in by Department:
Pole year & height
Remaining Life
Salvage Value $
Application: I-lapproved and [] ALA issued / []not approved
By:
Date:
17 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Chader pole attachment k 4-04.wpd
EXHIBIT B
ATTACHMENT LICENSE AGREEMENT
This Attachment License Agreement ("ALA") is entered into pursuant to a Joint UsE; Master
License Agreement ("Agreement") between the City of Ashland, Oregon, by and through its
Department of Electric Utilities and Telecommunications ("Ashland") and
, ("Licensee") dated
Terms in this ALA have the same meaning as such terms in the Agreement unless ~therwise
indicated. In each instance in which the provision of the ALA contradict or are inconsistent with
the provision of the Agreement or its exhibits, the provisions of the ALA shall prevaiil and
govern, and the contradicted or inconsistent provision shall be deemed amended accordingly.
Pole #
Route
Starting Address
Route Description
Ending Address
Cable
No. & Type of Cables
Installation Data
Type
Length
Application
Estimated Make-Ready $
Facilities on Poles
Schedule Commencement Date
Expiration Date
Access Schedule
Compensation Rate
per attachment (initially)
Special Provisions
Acceptance by Licensee:
Acceptance by Ashland:
By:
Title:
By:
Title:
18 - Agreement G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4-04.wpd
EXHIBITC
ATTACHMENT REPORT
This Attachment Report is made to the Joint Use Master License Agreement between Ashla~nd and
dated
Terms used in the Report have the same meaning as such terms in the Agreement unless otherwise
indicated.
[] Annual Report
[] Audit Report
[] Other
Distribution Pole Space Licensed From Ashland: (record number of attachments):
Cables
Power Supplies
Drops
Transmission Pole Space Licensed From Ashland. (record number of attachments):
Cables
Power Supplies
Drops
For Licensee:
By:
Title:
Phone:
Date:
For Ashland:
Received by:
Date received:
19-Report
G:\IegaI\PAUL\ELECTRIC\Pole Attachment 2002\Charter~Charter pole attachment k 4-04.wpd