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20250808Summons.pdf
Idaho Public Utilities Commission Brad Little,Governor P.O. Box 83720, Boise,ID 83720-0074 Edward Lodge,President John R.Hammond,Jr,Commissioner Dayn Hardie,Commissioner August 8, 2025 Via Certified Mail Avista Corporation 1411 East Mission Avenue P.O. Box 3727 Spokane, Washington 99220-3727 Re: IPUC Case No. AVU-E-25-11 Wired or Wireless, Inc., vs. Avista Corporation To Whom It May Concern, Enclosed please find a Summons and Formal Complaint issued against Avista Corporation in the above-mentioned case. As directed in the Summons, you are to file a written answer or motion in defense of said Complaint with this Commission within twenty-one (21) days of the service date of the Summons. Sincerely, Monica Barrios-Sanchez Commission Secretary Enclosure(s) I:\Legal\ELECTRIC\AVU-E-25-11_WOW\20250507_Summons Ltr.docx 11331 W.Chinden Blvd.Ste 201-A Boise ID 83714 Telephone:(208)334-0300 Facsimile:(208)334-3762 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION WIRED OR WIRELESS, INC., ) CASE NO.AVU-E-25-11 COMPLAINANT, ) VS. ) SUMMONS AVISTA CORPORATION, ) RESPONDENT. ) Avista Corporation 1411 East Mission Avenue P.O. Box 3727 Spokane, Washington 99220-3727 THE STATE OF IDAHO SENDS GREETINGS TO THE ABOVE-NAMED RESPONDENT YOU ARE HEREBY NOTIFIED that a Complaint has been filed with the Idaho Public Utilities Commission by the above-named Complainant; and YOU ARE HEREBY DIRECTED to file a written answer or written motion in defense of the Complaint within twenty-one (21) days of the service date of this Summons. YOU ARE FURTHER NOTIFIED that unless you do so within the time herein specified, the Idaho Public Utilities Commission may take such action against you as is prayed for in the Complaint or as it deems appropriate under Title 61 of the Idaho Code. WITNESS my hand and the seal of the Idaho Public Utilities Commission this 81' day of August 2025. o•. 7eAI := - onica Barrios- anchez • Z Commission Secretary OF SUMMONS I RECEIVED July 17, 2025 IDAHO PUBLIC Gregory M.Adams, ISB No. 7454 (local counsel) UTILITIES COMMISSION Richardson Adams, PLLC 515 N. 27th Street Boise,Idaho 83702 AVU-E-ZrJ-11 Phone: (208)938-7900 Email: greg@richardsonadams.com Robert H. Jackson, D.C. Bar No. 388397 (pro hac vice pending) Marashlian & Donahue, PLLC 1430 Spring Hill Rd., Suite 310 Tysons, VA 22102 Phone: (703)714-1300 Email: rhj@commlawgroup.com Attorneys for Wired or Wireless, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION WIRED OR WIRELESS, INC., ) Complainant. ) Case No. VS. ) AVISTA CORP., ) Formal Complaint Respondent. ) INTRODUCTION 1. This is a formal complaint by Wired or Wireless, Inc. ("WOW") against Avista Corp. ("Avista"),filed pursuant to Idaho Administrative Code("IDAPA") § 31.01.01.054, .151,and.152 with the Idaho Public Utilities Commission("Commission"or"PUC"). In summary,WOW seeks a declaration that Avista has billed WOW for pole attachments located in the State of Idaho in violation of Idaho Code Section 61-538 and any applicable regulations and orders of the Commission, as well as federal laws and regulations; that Avista has violated WOW's rights to overlash another cable or wire to its existing cables and wires;and that Avista has failed to maintain FORMAL COMPLAINT PAGE 1 accurate records by failing to conduct periodic pole audits. WOW further seeks an order that sets just and reasonable rates for its pole attachments and that imposes penalties pursuant to Idaho Code §§ 61-701, et seq. JURISDICTION' 2. Pole attachments (as well as access to conduits and ducts) are regulated by the Federal Communications Commission ("FCC"), pursuant to Section 224 of the Communications Act of 1934,as amended("34 Act"),47 U.S.C. § 224, and the rules and regulations of the FCC,47 C.F.R. §§ 1.1401 — 1.1415. However, Section 224(c) provides that the FCC shall not have jurisdiction over pole attachment complaints where a state certifies that it regulates pole attachments. Public Notice, "States that Have Certified that They Regulate Pole Attachments," 37 FCC Rcd 6724 (2022), See also, 47 C.F.R. § 1.1405(a). 3. Pursuant to Idaho Code Section 61-538, the PUC regulates attachments to public utilities' poles in the State of Idaho and has expanded regulatory jurisdiction pursuant to the recent amendment of Section 61-538.2 This complaint regards pole attachments within the State of Idaho. Accordingly,the PUC appears to have sole jurisdiction over pole attachment complaints in Idaho. GOVERNING LAW 4. As of July 1, 2025,Idaho Code Section 61-538(3) provides, in applicable part, Whenever a public utility and a provider of a telecommunications service or broadband . . . services company are unable to agree on the rates, terms, or conditions for pole attachments or the terms, ' There is also a pending lawsuit in the State of Washington,Avista Corporation, d/b/a Avista Utilities u Wired or Wireless, Inc. a/kla Air-Pipe, No. 25-2-00560-32 (Wash. Sup. Ct. Spokane Cnty). However, as explained herein, Congress has preempted the field(regulation of utility pole attachments) in Section 224 of the Communications Act of 1934, as amended("34 Act"), 47 U.S.C. § 224. That law permits states to regulate pole attachments in lieu of the Federal Communications Commission ("FCC") under certain circumstances(i.e.,"reverse preemption"). The Idaho Commission is such a state regulatory authority and has exclusive jurisdiction over pole attachments to utility poles in Idaho. Z See 2025 Idaho Sess. Laws, Chapter 325 (effective July 1,2025). FORMAL COMPLAINT PAGE 2 conditions, or cost of production of space needed for pole attachments, then the commission shall establish and regulate the rates, terms, and conditions [for such attachments]. The floor for just and reasonable rates is "the additional costs of providing and maintaining pole attachments" and the ceiling is "the associated capital cost and operating expenses of the public utility attributable to that portion of the pole, duct, or conduit used for the pole attachment, including a share of the required support and clearance space."Id. 5. The Commission must consider the interests of the attaching party's customers in setting rates—here mainly unserved and underserved rural Idahoans, whose access to advanced communications services has been impeded and made more expensive by Avista's actions. Id. The Commission also has substantive rulemaking authority. Id. at 61-538(5). The Commission currently does not have any substantive rules addressing pole attachment rates. Accordingly, the Commission should look at the substantive rules of the FCC for guidance.3 6. As explained above and in any forthcoming hearing,WOW submits that the following parts of Section 224 of the 34 Act and FCC rules and regulations have been violated by Avista and, as such, should be considered to be violations of Section 61-538 of the Idaho Code. • 47 U.S.C. § 224(e)(1): This section requires that pole attachment rates be "just and reasonable" by allocating costs proportionally based on the amount of usable space occupied. Avista allocated costs to WOW that were previously allocated to other attachers and overstated the number of its poles to which WOW is attached. • 47 U.S.C. § 224(e)(2)&(3):This section establishes that the costs should be divided based on the number of attaching entities and the space occupied. Avista ignored the existence of other attachers and, as such, overcharged WOW. 3 The FCC's pole attachment rules were adopted and amended after lengthy rulemaking proceedings where the interests and expertise of a broad base of stakeholders were received and considered by both the FCC staff and Commissioners. There is no reason for the PUC not to take full advantage of the results of those efforts. Many state regulatory commissions do the same. See, e.g.,Adoption of Federal Communications Commission Regulations Pursuant to 52 Pa. Code§ 77.4,2024 WL 4494038 (Penn.PUC, Sept.26,2024). FORMAL COMPLAINT PAGE 3 • 47 C.F.R. §§ 1.1406 and 1.1409(e)(2)(i). Avista chose this formula but misapplied it by leaving out the multiplier for the number of attaching entities on its poles. WOW was not the sole attaching party to the poles at issue,but was billed as if it were. • 47 C.F.R. § 1.1416. This section gives attachers certain overlashing rights, which Avista violated by requiring WOW to seek Avista's consent before overlashing, which both increased the costs to WOW and delayed its ability to deploy facilities to bring broadband access to unserved and underserved Idahoans. • 47 U.S.C. § 1302. Avista's violations of federal and state law relating to pole attachments flouts the intent of Congress for the FCC and this Commission to encourage the "deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans ... by utilizing, ... methods that remove barriers to infrastructure investment." Advanced Telecommunications Capability includes broadband services. Id. at § 1302(d)(1). 7. Further, Idaho law gives the Commission authority to impose penalties on a utility that "violates or fails to comply with any provisions of the constitution of this state or of this act, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, direction,demand or requirement or any part or provision thereof,of the commission."Idaho Code § 61-706. Also, the Commission can treat such violations as continuing and impose additional penalties. Id. at § 707. FACTS AND AVISTA'S VIOLATIONS Parties 8. Complainant: Wired or Wireless, Inc., is a Washington corporation, authorized to do business in Idaho. Its business address is 17813 E. Appleway Ave., Spokane Valley, WA 99016. WOW is a telecommunications provider operating in Idaho,with 561 confirmed pole attachments on Avista's poles (Exhibit A: WOW Pole Audit, 2023). 9. Complainant Contact: William B. Geibel, Jr. President Wired or Wireless, Inc. 17813 E Appleway Avenue Spokane Valley,WA 99016 FORMAL COMPLAINT PAGE 4 Email: billjr@wow-tel.com Phone: 509- 892-5877 x106 10. Complainant Counsel: Gregory M.Adams,ISB No. 7454 (local counsel) Richardson Adams, PLLC 515 N. 27th Street Boise,Idaho 83702 Phone: (208)938-7900 Email: greg@richardsonadams.com Robert H. Jackson, D.C. Bar No. 388397 (pro hac vice pending) Marashlian &Donahue, PLLC 1430 Spring Hill Rd., Suite 310 Tysons,VA 22102 Phone: (703)714-1300 Email: rhj@commlawgroup.com 11. Respondent: Avista Corporation, is a Washington corporation authorized to operate in Idaho. Its business address is PO BOX 3727, Spokane,WA 99220. Avista is a public utility and controls poles used by WOW under the Joint Use Master License Agreement("JUMLA")(Exhibit B: JUMLA, 2009). 12. Respondent Contact: Heather Rosentrater David J. Meyer President and CEO Vice President and Chief Counsel for Avista Utilities Regulatory and Governmental Affairs 1411 E Mission Avenue, MSC-10 Avista Corporation PO Box 3727 PO Box 3727 Spokane,WA 99220 1441 East Mission Avenue Phone: (800) 936-6629 Spokane,WA 99220-3727 Email: Phone: (509)495-4316 heather.rosentrater@avistacorp.com Email: david.meyer@avistacorp.com Background 13. WOW, a small company with approximately 12 employees,operates a telecommunications network with broadband connections, passing 1,500 homes in Hope and Clark Fork, Idaho. In FORMAL COMPLAINT PAGE 5 2009, the Parties signed a pole attachment agreement (the Joint Use Master License Agreement/JUMLA)that governs WOW's pole attachments. To provide services,WOW attaches its cables and wires to 561 Avista poles (Exhibit A hereto). The JUMLA contains provisions that require the rates charged by Avista to WOW for pole attachments to comply with FCC formulas and all other applicable laws and regulations. (Exhibit B, Section 3.1). 14. Since 2019, WOW has faced barriers from Avista, including incorrect rate calculations, overlashing denials, stop-work orders, and failure to maintain accurate pole audits, hindering broadband deployment and, therefore, impeding the provision of broadband services to currently un-/underserved Idahoans in these areas. The following describes these violations of both federal and state law, along with breaches of JUMLA by Avista. Rate Calculation Errors 15. The FCC's rate calculation rule, applicable as a matter of contract, requires the entity providing access to its poles for cable and wire attachments to calculate the rate per attachment by dividing recoverable costs by the number of separate parties attaching to the public utility's poles. 47 C.F.R. §§ 1.1406 and 1.1409(e)(2)(ii)(Exhibit C,Avista Rate Calculation,2023). For example, in the event that there are three attachers to a pole, the recoverable costs must be divided by three. For the 561 poles at issue, there were two companies attaching to Avista's poles, such that the recoverable costs must be divided by two. However,Avista's pole attachment rate calculations for WOW do not recognize the second attaching party,fail to divide Avista's recoverable costs by two, and, therefore, charge WOW as if it were the only attaching party. This occurred between 2023 and 2024. FORMAL COMPLAINT PAGE 6 16. Turning to specifics, for two attaching entities, the multiplier should be 0.31,4 rather than 1.0,which would reduce the lawful rate for WOW. Avista's omission results in rates of$70.44 per pole,compared to a corrected rate of$21.84(Exhibit D: Corrected Rate Calculation),overcharging WOW by 322.5%. Overlashina Rule Violations 17. The FCC's rules, 47 C.F.R. § 1.1416(a), prohibits a public utility from requiring prior approval for a party already attached to a pole to overlash another cable or wire to the existing cable or wire.5 Avista denied WOW the right to overlash existing facilities,imposed unauthorized fees, and issued stop-work orders without valid safety or engineering justification. In 2014,Avista quoted WOW $10 per foot for the "necessary engineering" for WOW to be allowed to overlash a fiber optic cable to an existing WOW cable in Hope, Idaho. See also, 47 U.S.C. § 224(f), which mandates nondiscriminatory access, something denied to WOW. 18. The JUMLA (Exhibit B, Section 2.4) allows Avista to require approval for third-party overlashing but is silent as to WOW's right to overlash. At a minimum,Avista's denial of WOW's right to overlasb WOW's own cable violates the JUMLA. Moreover, 47 C.F.R. § 1.1416(a) prohibits a public utility from requiring prior approval for any overlashing. It, therefore, invalidates Exhibit B, Section 2.4 of the JUMLA. Stated in the alternative, Avista's pretext of enforcing the JUMLA violates Section 224's provisions and the FCC's rules.6 4 See 47 C.F.R. § 1.1406(d)(2)(i). s The FCC's rule prohibiting a utility from requiring overlashers to conduct pre-overlashing engineering studies or to pay utility's cost of conducting such studies was found to be a reasonable attempt to prevent unnecessary costs for attachers. The court rejected the utilities' contention that rule undermined their authority to deny pole access. City of Portland v U.S.,969 F.3d 1020(91h Cir.2020),cert. denied sub nom., City of Portland v FCC, 148 S.Ct. 2855 (2021). 6 Section 224 of the 34 Act and the FCC's rules would be applicable in the event that Idaho's revised law governing the regulation of pole attachments provided to telecommunications companies was found to be inapplicable to the initial dispute. But,in any event,FCC regulation can be informative to the Commission. FORMAL COMPLAINT PAGE 7 Pole Audit Negligence 19. Pole audits, whereby the public utility periodically inventories the number of its poles carrying the attaching party's attachments, are important to ensure proper billing and compliance with Section 224 and the associated rules. From year to year, the number of poles bearing attachments is likely to change. A service provider may attach to more poles to serve more customers. A service provider may bury cable or place it in another entity's conduit, eliminating a number of pole attachments. The FCC has recognized the industry practice of conducting regular pole audits. Mile High Cable Partner, L.P. v Public Serv. Co. of Colorado, 15 FCC Rcd. 11450, at ¶¶ 7-9 (2000). However, Avista failed to maintain accurate pole attachment records or seek annual reports of poles used by WOW from the Parties' initial business dealings (2009) going forward. Avista's failure to conduct pole audits was the likely cause of Avista's claims that WOW had unauthorized attachments.7 AVISTA HAS CAUSED SUBSTANTIAL DAMAGES TO WOW AND RESIDENTS OF PARTS OF RURAL IDAHO 20. WOW's customer base in Hope/Clark Fork dropped from over 400 to fewer than 45 due to Avista's actions, which impeded WOW's ability to upgrade to fiber. WOW's loss of customers was exacerbated by a government-funded competitor that entered the market to address Avista's delays prohibiting WOW to serve the market. With 1,500 homes passed, WOW could have achieved over 1,000 customers per industry norms for areas without fiber competition and would be better positioned financially to bring advanced services to rural Idaho.' I Evidence will show that, around the time WOW executed the JUMLA,Avista represented to WOW that the JUMLA covered 377 pole attachments and charged WOW annually for approximately that number of attachments.Avista did not conduct a pole audit for WOW system until 2022. s Stop-work orders and delays make WOW appear unreliable,undermining customer trust. FORMAL COMPLAINT PAGE 8 21. Avista's unlawful actions also harm the public. Had Avista not prevented WOW from overlashing fiber cable and overcharged for attachments,WOW would have already connected the residents of Hope and Clark Fork with high-speed broadband connections and associated services and eliminated the need for government subsidy. The funds given to WOW's competitor could have been awarded in other Idaho markets, further expanding the reach of broadband services in rural Idaho and bringing both effectiveness and efficiency to the programs using taxpayer money to expand broadband access. PENALTIES MUST BE STRONG 22. Avista's conduct has been egregious. Despite many efforts by WOW to resolve the matter, Avista refused to recognize the applicable laws and regulations,the financial impact on WOW,the interests of those residents of rural Idaho who would have had broadband services from WOW, and the public interest in bringing broadband service to residents of Idaho. Accordingly, the Commission should impose penalties on Avista in an amount and manner that will cause a change in Avista's operating practices. For example, the Commission should find violations and impose sanctions for each pole attachment (561) that was billed incorrectly. Since Avista bills annually, each incorrect bill should carry a sanction for each of the 561 incorrectly billed attachments. This would yield 561 separate fines of$2,000 each9 or $1,122,000 annually. Each month that Avista failed to correct its records by conducting an accurate pole audit should draw a $2,000 penalty. Each day that Avista has prevented WOW from exercising its overlashing rights should draw a $2,000 penalty. Note that Section 61-707 of the Idaho Code permits the Commission to impose fines on ongoing violations. 'Idaho Code § 61-706. FORMAL COMPLAINT PAGE 9 23. Just as the FCC requires"[p]enalties and fines paid on account of violations of statutes"to be booked to Account 32.7300 Nonoperating income and expense (that is a "below the line account" chargeable to shareholders) and the Federal Energy Regulatory Commission requires "payments by the[regulated]company for penalties or fines for violation of any regulatory statutes by the company or its officials" to be booked to Account 426.3 (another below the line account), the Commission should require Avista to book these penalties in a way that they are charged to Avista's shareholders rather than its customers. Such a charge would certainly catch the attention of both Avista's upper management and shareholders, such that the Company would likely make more effort toward full compliance with pole attachment laws and regulations. RELIEF REQUESTED WOW respectfully requests the Idaho PUC to: A. Direct Avista to recalculate pole attachment rates for 561 poles using the FCC formula, including the 0.31 multiplier for 2 attaching entities, resulting in a rate of approximately $21.84 per pole(Exhibit D). B. Require Avista to refund overcharges from the date of WOW's initial demand to Avista (2019) or as far back in time as permitted by Idaho law,plus interest,per 47 C.F.R. § 1.1410(c). C. Order Avista to lift stop-work orders and allow WOW to overlash existing facilities without prior approval or fees,per 47 C.F.R § 1.1416(a). D. Mandate Avista maintain accurate pole attachment records and reconcile discrepancies with WOW's 2023 audit (Exhibit A). E. Prohibit Avista from imposing penalties, canceling contracts, or pursuing lawsuits related to this dispute until resolved. FORMAL COMPLAINT PAGE 10 F. Facilitate PUC-supervised mediation to resolve any remaining or future disputes within 60 days, aligning with FCC's Accelerated Docket principles (47 C.F.R. § 1.736). G. Impose penalties on Avista for willful violations,per 47 C.F.R. § 1.1413 and Idaho Code § 61-617 and § 61-701, et seq. Respectfully submitted, DATED this 17th day of July, 2025 Grego M.Adams, ISB No. 7454 (local counsel) Richardson Adams, PLLC 515 N. 271h Street Boise,Idaho 83702 Phone: (208)938-7900 Email: greg@richardsonadams.com Robert H. Jackson, D.C. Bar No. 388397 (pro hac vice pending) Marashlian & Donahue, PLLC 1430 Spring Hill Rd., Suite 310 Tysons, VA 22102 Phone: (703)714-1300 Email:rhj@commlawgroup.com Attorneys for Wired or Wireless, Inc. FORMAL COMPLAINT PAGE 11 CERTIFICATE OF SERVICE I hereby certify that on this 17th day of July 2025, 1 delivered true and correct copies of the foregoing Formal Complaint to the following persons via the method of service indicated below: Electronic mail only Idaho Public Utilities Commission Monica Barrios- Sanchez,Secretary secretary@puc.idaho.gov Avista Corporation David J. Meyer,Vice President and Chief Counsel for Regulatory and Government Affairs david.meyer@avistacorp.com Grego#M.Adams,ISB No. 7454 (local counsel) Richardson Adams, PLLC 515 N. 27th Street Boise,Idaho 83702 Phone: (208)938-7900 Email: greg@richardsonadams.com FORMAL COMPLAINT PAGE 12 Wired Or Wireless, Inc. 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Exhibit B WIRED OR WIRELESS, INC. / AIR-PIPE AND AVISTA CORPORATION DBA AVISTA UTILITIES JOINT USE MASTER LICENSE AGREEMENT Master License Agreement Page 2 of 5 This Joint Use Master License Agreement ("Agreement"), dated is made by and between AVISTA Corporation doing business as AVISTA Utilities, hereinafter referred to as AVISTA or ("Licensor") and Wired or Wireless, Inc./AIR-PIPE or("Licensee") (jointly, the"Parties"). WHEREAS Licensor is willing to provide space on its Poles and/or in its Ducts ("Structures")for the use of television cable companies; AND WHEREAS Licensee desires to use certain Structures to meet its service requirements, NOW,THEREFORE, in consideration of the promises,covenants and agreements set forth herein,the Parties hereto, for themselves,their successors and assigns, do hereby agree as follows: �. Scope 1.1. This Agreement sets forth the terms and conditions upon which space in and on Licensor's Structures will be provided by Licensor to Licensee. 1.2. This Agreement,the optional selections below and the general applicable Exhibits listed below constitute the entire agreement between the parties with respect to the matters contemplated herein and supersede all prior oral and written agreements, commitments and understandings with respect to the matters provided in this Agreement. This Agreement may not be amended, nor shall any waiver, change, or discharge be affected except by written amendment executed by both Parties or a Route or Site License Acknowledgment("RLA" or"SLA") executed by the Parties. a. Optional Selections: The Parties have selected one or both of the following options. ( k appropriate box(es).) Oole Attachments • Terms and Conditions Specific to Pole Attachments Exhibit A • Specifications and Guidelines for Poles Exhibit B ❑ Duct Attachments • Terms and Conditions specific to Duct Attachments Exhibit C • Specifications and Guidelines for Ducts Exhibit D ❑ Wireless Attachments • Terms and Conditions specific to Wireless Attachments Exhibit E • Specifications and Guidelines for Wireless Attachments Exhibit F b. General Applicable Exhibits: • General Terms and Conditions for Joint Use Exhibit G✓ • Route Application Form Exhibit H '�l • Route License Acknowledgment Form Exhibit I +! • Site Application Form Exhibit J • Site License Acknowledgment Form Exhibit K • Attachment Report Form Exhibit L 1.3. Nothing contained in this Agreement shall 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. 1.4. No use of any of Licensor's Structures under this Agreement shall create or vest in Licensee any ownership or property rights therein, but Licensee's rights therein shall be and remain a mere license. Master License Agreement Page 3 of 5 1.5. This Agreement is limited to Licensor's Structures in Licensor's service territory in Washington and Idaho. 1.6. When the Parties agree on the particular terms for a Route or Site, the Parties will execute an RLA or SLA for that Route or Site (See Exhibit I or K). Each RLA or SLA will be deemed a part of this Agreement; provided, however, the terms and conditions of the RLA or SLA will govern and control to the extent of any discrepancy or inconsistency between the terms and conditions of such RLA or SLA and this Agreement except no RLA or SLA will survive expiration or termination of this Agreement. 2. Right to Refuse Use or to Grant Use to Third Parties 2.1. Nothing in this Agreement shall be construed to obligate the Licensor to grant the Licensee permission to use any particular Structure. Permission for Licensee's use of a Structure will be given only if Licensor in its sole judgment determines that its Structure has sufficient and suitable capacity available and can meet all applicable safety, reliability and engineering considerations for the Structure and the facilities in or on the Structure. 2.2. Licensor, in its sole discretion, may at any time designate any Site or portion of a Site as a Prohibited Area due to safety or operational concerns. All work performed for the benefit of Licensee in Prohibited Areas will be performed by Licensor's personnel at Licensee's sole expense. 2.3. Licensee's rights under this Agreement are not exclusive. Licensor may grant rights to use any portion of its Structures to any other party for any purpose, including uses in direct competition with Licensee, provided that no such use will interfere with the operation of Licensee's Communication Facilities or with Licensee's rights to use the Routes or Sites for the purposes permitted under this Agreement and the RLA or SLA for the Route or Site. 2.4. Third parties shall be permitted to Overlash Licensee's facilities upon appropriate application to Licensor and Licensee and approval of each Overlash project as provided for in Exhibit G, Section 2.2 g, attached hereto. 3. Use Of Cable and Structures 3.1. Licensee's use of each Route or Site shall be limited to the installation, operation and maintenance of Communication Facilities. 3.2. Licensee shall have full and complete control, responsibility, and liability for the signals it distributes over the Communications Facilities. 3.3. 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. 3.4. Licensee agrees to be responsible for all applicable franchise requirements and business licenses throughout the Term of this Agreement. 3.5. Licensee will be 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 hereunder. Licensor agrees to cooperate, at Licensee's sole expense, with Licensee in obtaining additional rights,consents, clearances, licenses, permits and approvals required for Licensee's use of the Route or Site, but will not be liable for any failure to obtain any such rights,consent,clearance, licenses, permits, or approvals. 3.6. Licensee shall be solely responsible for payment of sales tax, business and occupation tax, or other similar taxes imposed by any governmental authority on Licensee or Licensor because of Licensee's use of the Cable and/or Communication Facilities under this Agreement. Master License Agreement Page 4 of 5 4. Annual Fee 4.1. A Contract Year shall start at 12:01 am on January 1 and end at 12:00 midnight on December 31. 4.2. As compensation for the use of space and Attachments in or on Licensor's Structures on each Route or Site, Licensee will pay to Licensor, due within thirty(30) days of Licensor's billing to Licensee at the beginning or within each Contract Year of the Agreement,the Annual Fee designated for the current number of Attachments. 4.3. Applicable rates may be revised annually by Licensor using the formulas in Exhibit A, Exhibit C and/or Exhibit E. Written notice of the rate for the Contract Year will be available upon request by the Licensee and delivered to Licensee thirty(30) days prior to the date upon which the annual fee is due. 4.4. The first payment for new RLAs or SLAs within any Contract Year will be prorated from the date of execution of the RLA or SLA to the next anniversary of the Contract Year of the Agreement. Subsequent payments will be the full amount for a full Contract Year. 4.5. Licensee will compensate Licensor for the addition of new Attachments on an existing Route or Site by paying to Licensor, at the beginning of the next Contract Year of the Agreement, an amount calculated using a rate equal to one half (1/2) of the full Attachment rate(as defined in Exhibit A and/or Exhibit C)times the number of new Attachments. Subsequent annual fees will be the full annual fee for a full Contract Year. 4.6. Not less than thirty(30) days prior to the date upon which the next annual fee is due, Licensor shall provide to Licensee written notification of the amount due in accordance with this Agreement for the current number of Attachments. 4.7. Licensor shall have the right to inspect, upon reasonable prior notice,the books and records of Licensee, insofar as germane to the provisions of this Agreement, including documentation of the number of Attachments and uses of Licensor's facilities. 4.8 Performance Bond. Unless specifically waived in writing by an authorized representative of Licensor, Licensee shall secure a surety bond payable to Licensor to cover the faithful performance by Licensee of all the terms and provisions of this Agreement. The amount and term of the bond is to be determined by the scope of the work required, but not limited to the installation, repair, maintenance, removal, replacement, and/or adjustment of the facilities of Licensee related to codes and standards as determined by Licensor. 4.9 The undersigned, authorized representative of Licensor will notify Licensee at least sixty(60) days in advance of the expiration of any bond, letter of credit, or other security instrument approved by Licensor and, in accordance with the terms of the security instrument, Licensee shall provide a replacement bond or letter of credit or security instrument acceptable to Licensor, if requested by Licensor. 5. Payments To Licensor 5.1. All amounts payable by Licensee to Licensor under the provisions of this Agreement shall unless otherwise specified, be payable within thirty(30) days after presentation of bills therefore. Amounts not paid by the due date shall accrue interest at the rate of the lower of eighteen percent(18%) per annum or highest rate allowable by law, whichever is less. Non- payment of any such amount when due shall constitute a default by Licensee under this Agreement and shall be cause for termination of this Agreement. 6- Term 6.1. This Agreement shall become effective when fully executed and shall continue in effect until the end of the current Contract Year plus the next Contract Year("Primary Term") and thereafter shall continue in effect on a year-to-year basis unless sooner terminated by either party by delivering to the other Party no later than three (3) months prior to the expiration of the Primary Term or any anniversary of the Contract Year, written notice of its intent to terminate this Agreement. Master License Agreement Page 5 of 5 6.2. Notwithstanding the provisions of 6.1, all RLAs or SLAs will automatically terminate on their expiration date or on the termination of this Agreement, whichever comes first, without need for separate notice or action by Licensor. 6.3 Subject to the provisions of Title 11, United States Code, if either party becomes or is declared insolvent or bankrupt, is the subject of any proceedings relating to its liquidation, insolvency or for the appointment of a receiver or similar officer for it, makes an assignment for the benefit of all or substantially all of its creditors, or enters into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, then the other party, by giving written Notice of Termination to such party, may terminate this Agreement as of a date specified in such Notice of Termination. 6.4. Upon the termination of this Agreement, or the expiration or termination of any RLA or SLA, Licensee shall cease use of the Structures on the affected Routes or Sites and shall,at its sole expense, remove its Communication Facilities and return such Structures to their original condition with consideration for normal wear and tear. All rights of ownership of the Structures shall remain with the Licensor. If Licensee has failed to remove Communication Facilities from the Structures of Licensor within thirty(30) days of being requested to do so, Licensor may elect to take action to remove all such Communication Facilities from its Structures and Licensee agrees to reimburse Licensor in full for all of its costs of such removal and disposal and Licensor shall not be responsible for any loss to those Communication Facilities of Licensee which are subject to removal. 6.5. Any termination of this Agreement in whole or in part shall not release Licensee from any liability or obligation hereunder,whether of indemnity or otherwise,which may have accrued or which may be accruing at the time of termination. 7. Notices and Other communications 7.1. Any notice, request, approval, consent, instruction, direction, or other communication given by either Licensor or Licensee to the other Party under this Agreement will be in writing and will be delivered in person or mailed, properly addressed and stamped with the required postage, to the intended recipient at the address and to the attention of the person or position specified below. Either Party may from time to time change such address by giving the other Party notice of such change in accordance with the provisions of this section. For Licensee: For Licensor: Wired or Wireless, Inc./AIR-PIPE Avista Utilities 17813 E Appleway Avenue PO Box 3727 Spokane Valley WA 99016 Spokane WA 99220-3727 Attn: Mr. William B. Geibel, Jr. Attn: Joint Use Administrator IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. WIRED OR WIRELESS, INC/AIR-PIPE AVISTA CORPORATION DBA AVISTA UTILITIES Sign: 11"�iQ<....•�. � � Sign: �. Print: 'r3_ Cticrv502 , I+`, Print:- 2f�i Title: f�; Dr-Ky—, Title: � (p Date: 9 3(C_)'J Date: Seibel, Janine From: Seibel,Janine Sent: Monday, October 12, 2009 11:23 AM To: 'William B. Geibel Jr.' Cc: Meland, Frank Subject: RE: Joint Use with Avista Utilities (Hope, ID and Malden, WA) Hello Mr. Geibel, I am returning a fully executed agreement via regular mail today.The certificate of insurance is in place through 12/19/09. A renewal for 2010 will need to be sent to my attention prior to 12/19/09. Please let me know when you become the legal owner of the cable system in Hope, Idaho and Malden,Washington. We will need to receive proof of the transaction either by a Bill of Sale or Transfer of Ownership signed by the previous legal owners to you. We would also need to know about any other communities you may become the operator/owner within Avista's service territory. The construction standards were sent in a previous email on July 13, 2009 to Mr. Randy Turner along with the design requirements. Please refer to those documents for making sure the cable you are acquiring meets the conditions. You will be responsible for the cable and will want to have it fielded for any repairs and meet compliance requirements. Should you desire to install new cable/fiber on Avista's poles, you will need to provide a designed route layout and an application for each route to be reviewed by our joint use administrator/inspector. No cable is allowed to be installed on our poles until the final approval has been given in writing by an Avista representative. Frank Meland, Avista's joint use administrator is an excellent resource for any construction questions. He can be reached at (509) 495-4270 or frank.meland@avistacorp.com. Thank yo Janine Sei I Joint Use Specialist Office (509) 495-4478 Fax (509)495-8573 janine.seibel @ avistacorp.com From: William B. Geibel Jr. [mailto:billjr@wow-tel.com] Sent:Tuesday, October 06, 2009 12:37 PM To: Seibel, Janine Cc: Tracy Subject: RE: Joint Use with Avista Utilities (Hope, ID and Malden, WA) Mrs Seibel, I believe it was sent to you. I cc'd my office manager to be sure it is not lost on her desk. Thank you for checking. Bill, Jr. William B. Geibel, Jr. President Wired or Wireless, Inc. /AIR-PIPE 17813 E Appleway Avenue Spokane Valley, WA 99016 i Master License Agreement Exhibit A Rev October 19,2004 Page 1 of 2 EXHIBIT A TERMS AND CONDITIONS SPECIFIC TO CABLE ATTACHMENTS ON POLES Licensee shall meet all terms and conditions of the Agreement including the following rules specific to Licensor's Transmission and Distribution Poles. 1. Licensee shall comply with Licensor's specifications and guidelines including those attached hereto as Exhibit B or as they may from time to time be prescribed by Licensor. 2. Promptly after they are selected, Licensee shall provide Licensor's Joint Use Administrator with the names and other pertinent information of Licensee's proposed design consultants, right-of-way/permitting consul- tants and installation contractors and subcontractors for Licensor's approval, which approval shall not be unreasonably withheld. 3. As part of the Route Application ("RA") Licensee shall provide a proposed engineering, design and con- struction plan and specifications for the installation of the cable for Licensor's review and approval. Licen- sor's review of Licensee's plans and specifications, or any changes thereof required by Licensor shall not constitute warranty with respect to the adequacy or safety of such plans. 4. The RA must include the distances from the proposed communications cable ("Cable")to electric power conductors and hardware and to the attachments of others. 5. The RA must include applicable data for the proposed installation including the diameter, unit weight, sag and tension of the Cable and messenger. 6. If Cables with metallic components are installed on Licensor's Poles, Licensee shall be responsible for the installation, maintenance and repair of all electrical bonding. Any bond connections made by Licensee to Licensor's facilities shall be made at the sole expense of Licensee. Licensee bond connections to Licen- sor's pole grounds shall be made within the communication space. Licensee will not install pole grounds on Licensor's poles. 7. Licensee's amplifiers, power supplies,translators and other facilities required for the operation of the Cable ("Equipment") shall not interfere with the facilities of or use of Licensor's Structures, and shall be in conformity with such requirements and specifications as Licensor may from time to time prescribe, includ- ing but not limited to climbing space, working space, separation from power conductors and clearance above ground. 8. Licensee will install, own and maintain all hooks, brackets, crossarms, guys and similar facilities required to support the weight or tension of its Cable. Such facilities shall meet Licensor's material and construction specifications. If Licensee installs such facilities improperly, installs inappropriate facilities, or does not in- stall appropriate facilities, Licensor may elect to install appropriate facilities at Licensee's sole risk and ex- pense, provided Licensee has been given thirty(30) days prior notice and the opportunity to cure, or in the event the improper installation represents an immediate hazard. Licensee, on demand, shall reimburse Licensor for the entire reasonable expense incurred for such work. 9. Licensor has the right to inspect and monitor all work on and near Licensor's Poles by Licensee. 10. When entering the path of the Cable between specific end points ("Route") for purposes of installation or maintenance, Licensee shall exercise due care to prevent damage to Licensor's facilities and adjacent properties and shall repair any damage that may be caused by such access. Licensee shall comply with all agreements and requirements associated with Licensor's rights-of-way along the Route or access the- reto, and shall repair damage to the Route and adjacent properties. Licensee shall comply with Licensor's reasonable requests to utilize alternate means of installation if necessary to prevent damage to Licensor's facilities and adjacent properties. Licensee shall hold Licensor harmless from all third-party claims of any kind or nature whatsoever associated with Licensee's access to the Route or adjacent properties. Master License Agreement Exhibit A Rev October 19,2004 Page 2 of 2 11. If deemed necessary by the Parties, Licensee and Licensor shall endeavor to jointly develop practices and procedures for emergency restoration of communications service. 12. No later than the tenth day of each month, Licensee shall deliver a report of all new service attachments to Licensor. Such report shall list the number of new attachments to Poles for overhead services the ad- dresses of the new customers served (for audit reference only). In the event that no new Poles are con- tacted, the report will so indicate. This report will satisfy the requirement for RAs for Attachment of service drops only; all Attachments which are not service drops require approvals by Licensor prior to construc- tion. All Attachments installed without prior approval are subject to review and revision or removal at Li- censee's sole expense. 13. As compensation for the use of space on Licensor's Poles on each Route, Licensee shall pay to Licensor, at the beginning of each Contract Year of the Agreement, or within thirty(30) days of billing for each Con- tract Year of the Agreement, the following amounts for each existing RLA for Licensee's attachments to Licensor's Poles: Rate per Cable attachment x number of Cable attachments + Rate per equipment attachment x number of equipment attachments 14. The rates for attachments will be recomputed annually using the formulas that follow: 14.1. Cable Attached to Licensor's Poles: Pole Rate= Space Occupied by Cable x x Carr Net Investment in Poles m Char e Y� 9 9 Total Usable Space Number of Poles 14.2. Equipment Attached to Licenser's Poles: Equipment Rate=2 x Pole Rate 15. Licensee shall be responsible and agree to trim or remove trees in order to maintain a clear and open path for Licensee's facilities. Licensee's tree trimming program shall meet any governing agency re- quirements. Failure to maintain a clear path shall be a deficiency and Licensor may elect to trim or re- move trees at Licensee's expense, provided Licensee has been given thirty (30) days prior notice and the opportunity to cure, or in the event the growth of vegetation represents an immediate hazard. Licensee shall reimburse Licensor, on demand,for all actual expenses incurred for such work. END OF EXHIBIT A Master License Agreement Exhibit B December 15, 2004 Page 1 of 1 EXHIBIT B SPECIFICATIONS AND GUIDELINES FOR POLE ATTACHMENTS 1. Current copies of the specifications and guidelines listed below are attached as Exhibit B and shall be used by Licensee for all work and installations on Licensor's Transmission and Distribution Poles. 2. Licensor's specifications and guidelines may be revised or expanded from time to time. 3. Specifications: NUMBER TITLE DO-1.401 Joint Use General Requirements DO-1.404 Joint Use Minimum Pole Requirements DO-1.407 Joint Use Vertical Clearance at Supports DO-1.410 Joint Use Vertical Clearance at Midspan DO-1.413 Joint Use Communication Crossarms DO-1.419 Joint Use Grounding DO-1.422 Joint Use Climbing Space DO-1.425 Joint Use Crossarm Climbing Space DO-1.428 Joint Use on Steel Poles DO-1.431 Joint Use on Air Switch Poles DO-1.434 Joint Use Pole Strength Limits for 3-Phase Poles DO-1.437 Joint Use Pole Strength Limits for Single-Phase Poles DO-1.440 Joint Use Pole Strength Limits for Double-Circuit Poles DO-1.443 Joint Use Power Connections DO-1.446 Joint Use Manholes, Risers and Equipment DO-1.449 Joint Use New Riser Installations DO-1.452 Joint Use Temporary Attachments DO-1.455 Joint Use Guying DO-1.458 Joint Use Anchor Limits DO-1.461 Joint Use Agreements; New Poles DO-1.464 Joint Use Agreements; Existing Pole without Joint Use DO-1.467 Joint Use Agreements; Interset Poles DO-1.470 Joint Use Agreements; Pole Maintenance DO-1.473 Joint Use Cable Identification (Tagging) 4. Guidelines: NUMBER TITLE DO-1.476 Guidelines for Telecommunications Contractor Qualifications Master License Agreement Exhibit G Rev Oct 19, 2004 Page 1 of 13 EXHIBIT G GENERAL TERMS AND CONDITIONS FOR JOINT USE WITH AVISTA UTILITIES TABLE OF CONTENTS 1. DEFINITIONS................................................................................................................................................ 2 2 OPERATING RULES.................................................................................................................................... 3 2.1. Structure Ownership............................................................................................................................... 3 2.2. Application Procedure............................................................................................................................ 3 2.3. Requirements And Specifications Of Installation................................................................................... 4 2.4. Make-Ready...........................................................................................................................................4 2.5. Existing Structures................................................................................................................................. 5 2.6. Licensee's Requirement for new Structures .......................................................................................... 5 2.7. Maintenance of Communication Facilities and Structures..................................................................... 6 2.8. Transfer, Relocate, Replace, or Remove Communication Facilities......................................................6 3. ADMINISTRATIVE RULES........................................................................................................................... 7 3.1. Compliance with Rules and Regulations................................................................................................ 7 3.2. Licensee's Employees, Agents And Contractors ................................................................................. . 7 3.3. Existing Contracts And Agreements...................................................................................................... 8 3.4. Assignment and Transfer....................................................................................................................... 8 3.5. Severability and Survival........................................................................................................................ 8 3.6. Audits and Reports................................................................................................................. ............... 8 3.7. Licensee's Statement of Inspection.........................................................................................................9 3.8. Defaults............. ................................................................................................................................... 9 3.9. Force Majeure...................................................................................................................................... 10 4. INDEMNITY AND INSURANCE..................................................................................................................10 4.1. Damage, Loss, Or Injury Claims..........................................................................................................10 4.2. Insurance..............................................................................................................................................11 Master License Agreement Exhibit G Rev Oct 19, 2004 Page 2 of 13 1. DEFINITIONS 1.1. The terms used in this Agreement are defined as follows: a. "Annual Fee" means the fees for Attachments due no later than the beginning of each Contract Year or within thirty (30) days of billing for each Contract Year, in the amounts described in Exhibit A, Exhibit C and/or Exhibit E attached hereto. b. "Ancillary Item" means material such as a hook, bracket, crossarm, conduit riser, guy, or anchor required to support the weight or tension of the Communication Facili- ties on Licensor's Structure. C. "Attachment" means the Communication Facilities owned by Licensee which are fas- tened to Structures owned by Licensor. d. "Cable" means coaxial,fiberoptic, or similar cable commonly used for the transmission or distribution of television signals and/or digital information. e. "Communication Facilities" means cable, ancillary items, antennas, amplifiers, con- trols, power supplies, signs, tags, translators and similar equipment necessary to meet Licensee's service requirements and the requirements of this Agreement. f. "Contract Year" means 12:01 am on January 1 through 12:00 midnight, December 31. g. "Ducts" means conduits, ducts, duct banks, innerducts, manholes, handholes and vaults owned by Licensor and designed for use for electric power conductors and equipment: (1) "Distribution Ducts"are those Ducts designed for facilities rated 35 kV or less. (2) "Transmission Ducts"are those Ducts designed for facilities rated greater than 35 kV and which may also carry facilities rated 35 kV or less. h_ "Forced Termination" means a situation in which Licensee must immediately terminate its use of Licensor's Structures and remove its Communication Facilities in order to provide for the restoration of electrical service. i. "Make-Ready' means the construction and changes required to prepare the Route or Site for Attachments. j. "Overlash" means whereby a service provider physically ties its wiring to other wiring already secured to the pole. Routinely used to accommodate additional strands of ca- ble on the existing pole attachments. k. "Poles" means poles owned by Licensor and designed to support electric power con- ductors and/or equipment: (1) "Distribution Poles" are those Poles designed only for facilities rated 35 kV or less. (2) "Transmission Poles"are those Poles designed for facilities rated greater than 35 kV and which may also support facilities rated 35 kV or less. I. "Primary Term" means the interval between the date of the execution of the Master Li- cense Agreement and the end of the next full Contract Year. M. "Prohibited Area" means any area where access by Licensee's personnel is not al- lowed under this Agreement, an RLA or SLA, or otherwise, including without limitation anywhere on a tower or pole above the neutral wire, anywhere on the ground under any tower or pole where a grounding grid is installed, and in any substation. May in- clude all areas on the pole below the neutral wire as specified in the RLA or SLA. n "RA" means a Route Application in the form of Exhibit H or as may from time to time be prescribed by Licensor, prepared by the Licensee and submitted to the Licensor with appropriate supporting materials to request use of a particular Route. Master License Agreement Exhibit G Rev Oct 19,2004 Page 3 of 13 o. "SA" means a Site Application in the form of Exhibit J or as may from time to time be prescribed by Licensor, prepared by the Licensee and submitted to the Licensor with appropriate supporting materials to request use of one or more particular Sites. P. "RLA" means a Route License Acknowledgment in the form of Exhibit I or as may from time to time be prescribed by Licensor, executed for each Route to be used by Licen- see. q. "SLA" means a Site License Acknowledgment in the form of Exhibit K or as may from time to time be prescribed by Licensor, executed for each Site or group of Sites to be used by Licensee. r. "Remaining Value" means the original installed cost of the item less any accrued de- preciation calculated at Licensor's applicable rate of depreciation. S. "Route"means the path of the Cable between specific end points. t. "Site"means the location of an Attachment. U. "Structures" means Licensor's Poles and Ducts. 2. OPERATING RULES 2.1. Structure Ownership a. Licensee shall purchase, install, own and maintain at its sole expense all Communica- tion Facilities required for its operation in and on Licensor's Structures. b. If a Structure is owned by a party other than Licensor, Licensee shall deal directly with such third party. G. Licensee shall lease, rent, purchase, install, construct, own and/or maintain at its sole expense all Communication Facilities and Structures beyond Licensor's Structures . 2.2. Application Procedure a. Whenever Licensee wishes to attach Communication Facilities in or on Licensor's Structures on a new Route or Site or to alter the location or Overlash any Attachments, Licensee shall first make written application to Licensor, showing the Route or Site where Licensee's use is requested on maps which may be obtained from Licensor and specifying the applicable information in an RA or SA in the form of Exhibit H or Exhibit J attached hereto or as may from time to time be prescribed by Licensor. b. Licensor will use commercially reasonable efforts to respond in writing within thirty(30) days after receipt of a request, and such response may, in Licensor's sole discretion, ei- ther: (1) approve the request, (2) advise of any changes to the request, or (3) deny the request due to concerns for capacity, safety, reliability, or engineering considerations. C. For any request that is not denied, Licensor will state estimated charges to be paid by Licensee for Make-Ready on the Route or Site (if such charges can be ascertained). d. Licensee shall respond in writing within thirty(30) days after Licensor's response and, at Licensee's sole discretion, may (1) accept the Route or Site on the conditions set forth in Licensor's response, (2) request changes to Licensor's response, or (3) decline to use the Route or Site. e. For each Route or Site, Licensee and Licensor will execute an RLA or SLA in the form of Exhibit I or Exhibit K attached hereto or as may from time to time be prescribed by Licen- sor. Master License Agreement Exhibit G Rev Oct 19, 2004 Page 4 of 13 f. Licensee shall not install or use the Communication Facilities to provide service to customers or itself before the RLA or SLA is signed by both Parties. g. If at any time Licensee and a third party agree to Overlash on Licensee's facility, both parties shall first make written application to Licensor for approval of the Overlash, showing the Route or Site where Overlash is requested on maps which may be ob- tained from Licensor, and specifying the applicable information in an RA or SA in the form of Exhibit H or Exhibit J, attached hereto, or as may from time to time be pre- scribed by Licensor. 2.3. Requirements And Specifications Of Installation a. Licensee shall be a member in good standing of the "One Call System" for under- ground facility locates in all of Licensor's service areas in which Licensee has under- ground facilities. b. Licensee shall coordinate construction activity with Licensor in order to minimize inter- ruption and interference with Licensor's electrical operations. G. All Communication Facilities will meet Licensor's specifications for use in and on Li- censor's Structures. Licensee shall install and maintain non-corrosive durable tags or signs suitable for outdoor use and resistant to ultraviolet radiation at each Pole, on each control box at each pole and at all duct faces in each manhole and vault to identi- fy the name of the owner and a 24-hour emergency telephone number. If a third party Overlash is constructed, then labeling shall be provided on each Cable at each Pole. d. Only those items designated in the RLA or SLA may be installed in and on the Struc- tures. e. Licensee shall neither handle nor change the position of any electrical conductors or equipment belonging to Licensor. In the event that such changes are required, Licen- see shall make a request to Licensor that Licensor make the change at Licensee's sole expense. f. Licensee shall neither handle nor change the position of any Communication Facilities belonging to third parties in or on Licensor's Structures. In the event that such changes are required, Licensee shall make suitable arrangements with the third par- ties and will deliver appropriate evidence of authorization from those parties to Licen- sor prior to performance of such changes. g. During work in or on Licensor's Structures, Licensee will exercise due care to avoid damage to the facilities of Licensor and others in or on or adjacent to the Structures. Licensee will make an immediate report of the occurrence of any such damage to the owner of the damaged facilities and, on demand, will reimburse said owner for the en- tire expense incurred in making repairs. h. Licensee's employees and contractors shall be qualified by training to work in and on Licensor's Structures and in close proximity to high voltage electric cables, conductors and equipment. i. Licensor has the right to inspect and monitor all work by Licensee in, on and near Li- censor's Structures. j. Licensor, at its sole discretion, may restrict certain Structures to only Licensor's work- men. 2.4. Make-Ready a. At Licensor's sole discretion, Licensee may be required to pay prior to construction, part or all of the estimated Make-Ready cost to be incurred by Licensor in connection with this Agreement. If the actual cost exceeds the pre-payment, Licensee will reim- burse Licensor for the difference. If the pre-payment exceeds the actual cost, Licen- sor will reimburse Licensee for the difference.All such costs and expenses will be paid within thirty (30) days after receipt of a statement of such costs and expenses and Master License Agreement Exhibit G Rev Oct 19,2004 Page 5 of 13 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 Licensor or others. b. Without limiting the generality of the foregoing, amounts recoverable by Licensor he- reunder will consist of fully allocated costs for labor(including but not limited to all pay- roll costs and overheads and all applicable engineering, supervision, and administra- tive overheads), transportation, employee expenses, reprographic services, supplies, telephone service and other expenses incurred by Licensor in connection with: (1) processing, review of RAs or SAs including review of supporting materials and a held review of the Route or Site, and negotiation of RLAs or SLAs; (2) removal, modification, or installation of Licensor's Structures and electrical power facilities to provide suitable Structures; (3) preparation of the Route or Site; and (4) inspection and monitoring of installation of Communication Facilities. Licensor may require Licensee to pay the above listed costs prior to the expenses be- ing incurred by Licensor. C. Communication Facilities may be installed, at Licensee's sole expense, by either Li- censee or Licensor. 2.5. Existing Structures a. If in Licensor's judgment, Licensee's existing Communication Facilities in or on any Structure interferes with or would make substantially more difficult or expensive the placing therein or thereon of any additional facilities desired by Licensor and if such additional Licensor facilities could be placed in or on such Structure only by removing or rearranging such facilities, Licensor shall, when practical, 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. b. If Licensee desires to continue to maintain its facilities in or on such Structure and so notifies Licensor, Licensor shall make such Structure changes and Licensee shall make such rearrangements or transfers of its facilities. C. If Licensee does not so notify Licensor, Licensee shall be allowed thirty(30) days from such notification by Licensor within which to remove its Communication Facilities from such Structure, provided however, that Licensor in any emergency beyond its control, may require the Licensee to remove its Communication Facilities in the time required by such emergency. If facilities are not removed from the Structures by Licensee with- in (30) days from notification by Licensor, or in emergencies when required by Licen- sor, Licensor may remove Licensee's facilities at Licensee's sole risk and expense and Licensee, on demand, shall reimburse Licensor for the entire reasonable expense thereby incurred. d. If Licensee installs Communication Facilities and structures beyond Licensor's existing Structures, and if Licensor shall later desire to use such structures for its facilities, the use, ownership, or Annual Fees of the structures may be negotiated by the parties. If Licensee sells such structures to Licensor, such sale will be at the Remaining Value of the structures. 2.6. Licerfsee's Requirement for new Structures a. Licensee may request that Licensor install new structures by submitting such request on an RA or SA.The responsibilities for the-work and expense of installation will be as agreed herein for Make-Ready. Licensee will install its Communication Facilities on the new structures at its own sole expense in accordance with the terms herein. b. If Licensor declines to install the structures, Licensee may install its own structures at its own expense provided that Licensee's facilities are installed in a location and man- Master License Agreement Exhibit G Rev Oct 19, 2004 Page 6 of 13 ner to not encroach or interfere with access to and operation of Licensor's existing Facilities. 2.7 Maintenance of Communication Facilities and Structures a. Licensee shall coordinate maintenance activity with Licensor in order to minimize inter- ruption and interference with Licensor's electrical operations. b. Licensee's Communication Facilities in and on Structures shall be maintained: (1) in a safe condition, (2) in a manner which will not conflict or interfere with the use of such Structures by Licensor or others using such Structures, or with the use of facilities of Li- censor or others in, on, or from time to time placed in or on such Structures, (3) in conformity with such requirements and specifications as Licensor shall from time to time prescribe, and (4) in accordance with all applicable state and local laws, regulations, and rules pertaining to Structure construction, including, without limiting the scope of the foregoing, the National Electrical Safety Code and the Washington Administra- tive Code. C. In the event that planned modifications or repairs to the electric system require that the Communication Facilities be temporarily disconnected or taken out of service, Licen- sor will coordinate such interruption with Licensee in advance to the extent practical. d. Licensor reserves to itself the right to maintain its Structures and to operate its facili- ties in the manner it deems necessary, and shall not be liable to Licensee for any inter- ruption to Licensee's service or for any interference with the operation of Licensee's Communication Facilities arising in any manner from the use of such Poles and the facilities thereon by Licensor. 2.8. Transfer, Relocate, Replace, or Remove Communication Facilities a. Licensee shall at its own sole risk and expense transfer, relocate, replace, or remove its Communication Facilities in or on Licensor's Structures within thirty (30) days of written notice from Licensor. (1) In cases where Licensor, for reasons beyond its control, cannot maintain a Structure or Structures in the existing location for such thirty (30) days, Licen- see will remove its Communication Facilities in the time required by Licensor. (2) In cases of emergency, Licensor may, at Licensee's sole risk and expense, re- locate, replace, or remove such Communication Facilities, transfer it to substi- tuted Structures or perform any other work in connection with such Communi- cation Facilities that may be required in the maintenance, replacement, re- moval, or relocation of such poles. Licensee, on demand, will reimburse Li- censor for any expense thereby incurred by Licensor. (3) In cases where Licensee cannot remove its Communication Facilities in the time allowed, Licensor may abandon the affected Structures to Licensee. Upon notification in writing by Licensor, Licensee will become owner of such structures and will be solely responsible for future maintenance, repair and removal of those structures. b. Licensee agrees that restoration of electrical service takes precedence over restora- tion of damaged Communication Facilities. (1) In the event of the failure of an electrical cable, conductor, Structure, or elec- tric equipment, the restoration of electrical service may require Forced Ter- mination. Licensor will notify Licensee in advance of such termination if prac- tical, or in a reasonable time following such termination. (2) In the event of a Forced Termination, Licensee may apply for and Licensor will make a reasonable effort to expedite service on an alternative Route or Site if one is available. Such application will be made under the terms and conditions herein. Master License Agreement Exhibit G Rev Oct 19,2004 Page 7 of 13 c- In the event that the Structure with Licensee's Communication Facilities is required by Licensor to satisfy the capacity or reliability needs of electrical service, Licensor will notify Licensee least thirty (30) days in advance as to the time and location of the ne- cessary termination of service. Licensee may apply for and Licensor will make a rea- sonable effort to expedite service on an alternative Route or Site if one is available. Such application will be made under the terms and conditions herein. d. Licensee may at any time remove its Communication Facilities from any Structures or cease its use of part or all of a Route or Site. Such removal or cessation shall consti- tute a termination of Licensee's right to use such Structure. (1) In each such case, Licensee shall give Licensor thirty (30) days pricr written notice of such removal, cessation, or abandonment in an RA or SA in the form of Exhibit H attached hereto or as may be from time to time prescribed by Li- censor. e. Nothing herein contained shall be construed to compel Licensor to maintain any par- ticular Structure or Structures for a period longer than demanded by its own service requirements. 3. ADMINISTRATIVE RULES 3.1. Compliance with Rules and Regulations a. Licensee's installations shall be in accordance with all state and local laws, rules and regulations, including without limitation the National Electrical Safety Code, and with Licensor's specifications and guidelines as they may from time to time be prescribed by Licensor. b. 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. C. This Agreement will in all respects be interpreted, construed and enforced in accor- dance with the laws of the State of Washington, except that the laws of the State in which an Attachment is located will apply in the case of any action for unlawful or forc- ible detainer, ejectment, or similar action to remove Licensee's Attachments from Li- censor's Poles or Ducts. Venue in any action concerning this Agreement, other than one seeking to remove Licensee's Attachments, will be laid in the State or Federal court sitting in Spokane County,Washington. d. To the extent that this Agreement, any parts of this Agreement, attachments to the Agreement, or the RLAs or SLAs are subject to the authority of regulatory agencies having jurisdiction over Licensor or Licensee, each Party will promptly submit this Agreement, attachments to the Agreement, or the RLAs or SLAs 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 ac- tion by such agencies. 3.2. Licensee's Employees, Agents And Contractors a. In furtherance of the security of communications, Licensee agrees as follows: Master License Agreement Exhibit G Rev Oct 19, 2004 Page 8 of 13 (1) To file with the Joint Use Administrator of Licensor a current list of one or more of Licensee's employees who are responsible for work performed on or about any of such Structures under this agreement and who can be contacted during normal or emergency work on/in such Structures. (2) To provide suitable identification to each of its employees, agents and contrac- tors. (3) To inform each employee, agent and contractor of all rules and regulations applicable to this Agreement. 3.3. Existing Contracts And Agreements a. Nothing herein contained shall be construed as affecting any rights or privileges pre- viously conferred by Licensor or any other utility, by contract or otherwise,to others not parties to this Agreement to use any Structures covered by this Agreement; and Li- censor and such other utility shall have the right to continue and extend such rights or privileges. b. All existing agreements between Licensee and Licensor for the joint use of Structures within Licensor's service territory in the States of Idaho and Washington are, by mutual consents, hereby abrogated and annulled, provided however that such abrogation and annulment shall not in any way affect any claim, protection, or right to any pay- ment or damages which may be asserted by or against either Party hereto on account of doing or failure to do or perform any or all acts appertaining to such existing agree- ments that were to be done by it prior to the date of this Agreement. 3.4. Assignment and Transfer a. Licensee shall not assign or transfer any privilege granted to it hereunder without the prior consent in writing of Licensor, except Licensee may assign any rights or privileg- es granted hereunder to any person or business entity which is a parent, subsidiary, or affiliate of Licensee without Licensor's consent by notifying Licensor prior to such as- signment. Otherwise this agreement shall inure to the benefit of and be binding upon the heirs or successors and assigns of the parties hereto. Consent will not be unrea- sonably withheld. b. Licensee shall not sublet any privileges granted hereunder without prior written con- sent from Licensor, and consent will not be unreasonably withheld, provided that this section shall not affect Licensee's right to use capacity of Licensee's Communication Facilities. Licensee shall maintain all responsibility for facilities that are sublet. Not- withstanding the foregoing, Licensor specifically reserves the right to refuse consent to any third party installation which would violate the safety, engineering and attachment requirements identified in this Master License Agreement, especially as they apply to clearances, line separation and the structural integrity of Licensor's facilities. 3.5. Severability and Survival a. If any portion of the Agreement, including all attachments thereto, is stricken as an invalid provision, the remaining portions of this Agreement and attachments shall re- main in full force and effect and shall continue to be binding upon the parties. b. All provisions of the Agreement and attachments which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Agree- ment, will survive the completion, termination, or cancellation of this Agreement. 3-6. Audits and Reports a. Licensee shall deliver a written report to Licensor by May 1 of each year enumerating the current number of Attachments by Route or Site. Such report shall be in the form of Exhibit L attached hereto or as may be from time to time prescribed by Licensor. (1) Licensor may perform full or sample audits of Licensee's facilities covered by this Joint Use Master License Agreement from time to time. Licensor will noti- fy Licensee prior to the scheduled start of the audit to allow Licensee to partic- Master License Agreement Exhibit G Rev Oct 19, 2004 Page 9 of 13 ipate. Licensor will report the audit results to Licensee within sixty(60) days of the audit completion. (2) 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(3) 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 thirty(30) days after receipt. (3) Licensor may require Licensee to provide maps or equivalent documentation of the location of Licensee facilities, including third party Overlashing, on Li- censor structures. 3.7. Licensee's Statement of Inspection a. Licensee's installations shall be in accordance with all state and local laws, rules and regulations, including without limitation the National Electrical Safety Code, and with Licensor's specifications and guidelines as they may from time to time be prescribed by Licensor. Licensee shall perform a compliance inspection of all existing Licensee facilities covered by this Agreement, within six (6) months of the effective date of this Agreement. Licensee shall submit to Licensor a Statement of Inspection for the exist- ing facilities. The Statement of Inspection shall be signed by a duly authorized repre- sentative of Licensee and shall identify all attachments (by location and nature of defi- ciency) which do not meet the safety and other attachment requirements specified herein. The Statement shall identify all non-compliant attachments (including all non- compliant subletting of the license to attach to Licensor's Structures) and shall commit to a schedule for the correction of all attachment deficiencies as required by Licensor. The Statement shall finally contain a representation that the Licensee representative has reviewed its installation policies and practices and that such policies and practices are consistent with industry standards for safety and compliance with codes and stan- dards. b.. At the conclusion of all new attachment projects Licensee shall perform an inspection of the completed installation and submit a Statement of Inspection, as specified in section 3.7.a, above. C. To the extent that an attachment deficiency is not cured as required by Licensor, committed to by Licensee in a Statement of Inspection, or identified by Licensor and Licensee is appropriately notified as provided herein, failure of Licensee to cure defi- ciencies shall constitute a termination of Licensee's right to use such Structures as de- termined by Licensor. Licensor reserves the right to correct any attachment deficien- cies at Licensee's sole risk and expense and Licensee agrees to pay Licensor for all expenses incurred by Licensor to remedy deficiencies. Licensor may also charge Li- censee for any expenses it incurs as a result of an unauthorized attachment by Licen- see. 3.8 Defaults a. Either party shall be in default of this Agreement if it fails to perform any material co- venant or agreement to be performed by it under this Agreement, or is subject to revo- cation of franchise rights and/or business license, and such failure continues unreme- died for a period of thirty (30) calendar days after written notice is given to the default- ing party. The party not at default then, at its option may declare this Agreement to be in default and may terminate this Agreement or the related RLA or SLA. b. If Licensee defaults, it shall remove all of its Communication Facilities from Licensor's Structures within sixty(60) days from written notification of default given by Licensor. C. If Licensee cannot remove its Communication Facilities from any Structure within the time allowed for such removal or cannot perform any other work which it is obligated to do under this Agreement, Licensor may elect to do such work at Licensee's sole risk Master License Agreement Exhibit G Rev Oct 19, 2004 Page 10 of 13 and expense, and Licensee, on demand, will reimburse Licensor for the entire reason- able expense thereby incurred. d. The failure of either Party to insist upon or enforce strict performance by the other Par- ty 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. 3.9. Force Majeure a. 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, includ- ing, without limitation, the Annual Fees and all reimbursable costs and expenses de- scribed 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 Licensor is noti- fied by a state or federal regulatory body that any aspect of this Agreement or the RLAs or SLAs 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. 4. INDEMNITY AND INSURANCE 4.1. Damage, Loss, Or Injury Claims a. Licensee releases and will defend, indemnify and hold harmless Licensor from any and all claims, losses, costs, liabilities, damages and expenses (including, but not li- mited to, reasonable attorneys'fees) arising out of or in connection with the location of any Attachments, the performance of the Licensee's work, the operation of the At- tachments or the system of which the Attachments are a part, the enforcement of this Agreement by Licensor, 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 sub- contractors, 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 Licensor; provided, however, that Licensee will not be required to so indemnify Licensor 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 Licensor. IN CONNECTION WITH ANY ACTION BROUGHT AGAINST LICENSOR 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 (IN- CLUDING, BUT NOT LIMITED TO, THE WASHINGTON INDUSTRIAL INSURANCE ACT, TITLE 51, OF THE REVISED CODE OF WASHINGTON). THE WAIVER SET FORTH IN THE PRECEDING SENTENCE HAS BEEN SPECIFICALLY NEGO- TIATED BETWEEN THE PARTIES. b. The Licensee in each instance agrees to waive any claim against the Licensor for third party interference with the operation of the facility of the Licensee. C. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER 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 INDI- RECT, INCIDENTAL, SPECIAL, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES, AS A RESULT OF OR RELATED TO THE ATTACHMENTS, THE EXIS- TENCE OF THE ATTACHMENTS, OR THIS AGREEMENT, WHETHER ARISING IN Master License Agreement Exhibit G Rev Oct 19, 2004 Page 11 of 13 CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, PROD- UCT LIABILITY OR STRICT LIABILITY) OR OTHERWISE. LICENSOR'S LIABILITY (WHETHER IN TORT, CONTRACT OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF LICENSOR) UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE COMPENSATION ACTUALLY PAID TO LICENSOR FOR THE ATTACHMENT OR THAT PORTION OF THE AT- TACHMENTS THAT WERE INVOLVED IN THE SPECIFIC CLAIM. d. 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 the work required to install, maintain, and/or remove, or replace its Communication Facilities. 4.2. Insurance a. Licensee will ensure that Licensee and all persons performing work on behalf of Li- censee 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 work- er's compensation and employer's liability insurance (including, but not limited to, the Washington Industrial Insurance Act, 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 Licensor such assurance and evidence of such coverage of insurance (such as copies of insurance policies and/or Certificates of Compliance) as Licensor may request. b. Licensee will secure and maintain in effect at all times during the Term of this Agree- ment the following insurance: (1) Commercial General Liability Coverage, including personal injury, bodily injury, property damage, operations hazard, independent contractor coverage, con- tractual liability and products and completed operations liability, in limits not less than five million dollars ($5,000,000.00) for each occurrence (combined single limit) with Licensee named as insured therein and Licensor named as an additional insured therein as their respective interests may appear. (2) Licensee shall obtain and maintain business automobile insurance with a limit of no less than two million dollars ($2,000,000)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 Licensor's Structures. Licensor shall be named as an additional in- sured under such policy. (3) Upon thirty days notice, such other insurance in such amounts as may from time to time be reasonably requested by Licensor against other insurable ha- zards related to the Structures (including, without limitation, hazards to Licen- sor property related to Licensee's activities therein or thereon), which at the time are customarily insured against by owners or operators of similar types of properties. Upon thirty days notice, Licensor may require changes in the amounts or limits of the insurance to be maintained under this section to main- tain reasonably equivalent coverage due to inflation, changes in Licensee's business operations,changes in law, or changes in policy terms. c All required insurance policies must be taken out with reputable national insurers 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 Licensor in writing not less than fifteen (15) days before any material change, reduction in coverage, cancel- lation, 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 pro- vide that no act, omission, or default by Licensor will render the policy void as to Li- Master License Agreement Exhibit G Rev Oct 19, 2004 Page 12 of 13 censor or of Licensor's right to recover thereon. All policies will be written as primary policies, not contributing with, and not in excess of coverage which Licensor may car- ry. d. On or before commencement of any work and thereafter upon the request of Licensor, Licensee will provide certificates of insurance evidencing the required insurance and upon Licensor's request, copies of any required policy. e. Licensee will also furnish Licensor with such additional assurance and evidence of such insurance as Licensor may from time to time request. Within thirty (30) days af- ter any notice of termination, cancellation, expiration, or alteration in any policy of in- surance required under this Agreement, Licensee will deliver to Licensor a Certificate of Insurance acceptable to Licensor with respect to any replacement policy. Licensee will ensure that any policies of 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 therein providing a waiver of the insurer's right to subrogation against Licensor. To the extent permitted by its insurance policies, Licensee hereby waives all rights of subro- gation against Licensor. g_ Licensee shall provide evidence of assets adequate to cover its self-insured limits. END OF EXHIBIT G Master License Agreement Exhibit G Rev Oct 19, 2004 Page 13 of 13 INDEX abandon,6 Exhibit K,3,4 RA,3,4,5,6,7 abrogate,8 Exhibit L,8 rearrangement,4,5 amplifiers,2 expense,5,6,9 regulations,6,7, 8,9 anchor,2 fee,2,3 regulators,7 Ancillary Item,2 field review,5 reliability,3 Annual Fee,2, 3,5 Force Majeure, 10 relocate,6 annul,8 Forced Termination,2,7 Remaining Value,3 application,3 franchise,9 removal,5,6,7,9 assets. 12 guidelines,7,9 repairs,6 assignment,8 guy.2 replace,6 attachments handholes,2 report,8 unreported,9 handling,4 restoration,7 Attachments,2 hook,2 restrictions,4 audit, 8,9 identification,4,8 riser,2 bracket,2 indemnity, 10 RLA,3,4,5 Cable,2,3,5 injury, 10 Route,3 coaxial,2 innerduct,2 Route Application,3 fiberoptic,2 inspection,4,5 Route License Acknowledgement, capacity,3 Inspection,9 3 care,4 insurance, 11 rules, 8 certificate of insurance, 12 auto, 11 safety,3,6 conduits,2 changes, 11 self-insured, 12 contacts,8 industrial, 10 Severability,8 Contract Year,2 liability, 11 Site Application, 3 contracts.8 interference,5,6, 10 Site License Acknowledgement,3 coordination,4,6 interruption,6 SLA,2,3 costs,5 labor,5 specifications,4,6,7,9 crossarm,2 laws,6,7,9 Structures,3 damage,4,8, 10 liability, 11 sublet,8 default,9, 10 licenses,9 subrogation, 12 definitions,2 loss, 10 supervision,5 delays, 10 maintenance,6 survival,8 depreciation,3 Make-Ready,2,3,5,6 tags,4 distribution,2 manholes,2 term,2 duct bank,2 monitor,4,5 termination,7,9 Ducts,2,3 NESC,6,7,9 terms,2 emergency,6 omissions, 10 third parties,4,8 employees, 8 One Call,4 third party, 10 enforcement, 10 original installed cost,3 transfer,5,6,8 engineering,3 Overlash,2,3,4 translators,2 Equipment,2,3 ownership,3,5 transmission,2 Exhibit A,2 Cable,3 use,4 Exhibit C,2 Equipment,3 vaults,2 Exhibit E,2 Structures,3 venue,7 Exhibit F,3,7 Poles,2,3 WAC,6 Exhibit H,9 power supplies,2 workman's comp, 11 Exhibit I,3,4 Primary Term,2 Exhibit J,3 qualifications,4 Rev 7/29/2003 EXHIBIT H ROUTE APPLICATION This Route Application("RA")is made to the Joint Use Master License Agreement between AVISTA UTILITIES and ,dated Terms used in this RA have the same meaning as such terms in the Agreement unless otherwise indicated. INSTRUCTIONS: Complete all details below and deliver the RA, a one-sheet vicinity map of the route and pole-by-pole design details to AVISTA UTILITIES Joint Use. Priority to construct will be established by the date the completed application is received. Rent will start on the date of the completed application. Unless pole and anchor strengths have been evaluated by a licensed PE,AVISTA UTILITIES will perform the evaluations at the applicant's cost and will endeavor to do so within 30 days after the date of the completed application. Unless otherwise indicated by applicant,AVISTA UTILITIES will assume each cable weighs 200 pounds per 1000 feet and is 0.75 inches in diameter and each messenger is 5/16 inch EHS 10M. Applicant must report larger cables and messengers. ❑ Application for Use ❑ Termination of Use Other Route Starting Address Route Description Ending Address Cable Application Video Audio Data (see instructions) messenger cable#1 cable#2 overlashed Number Installed Tension at 0°C weight(Ibs per 1000 feet) diameter(inches) Proposed Attachments feet of duct no.of AVISTA UTILITIES distribution poles no.of AVISTA UTILITIES transmission poles no.of conduit risers on AVISTA UTILI- TIES poles no.of attachments to AVISTA UTILITIES anchors aux.equipment:no.&size(inches) H w o :weight each Ibs. Schedule Construction Start Date FOR AVISTA UTILITIES USE ONLY Received Notified of omissions Approved as complete_ Permit from to Other(see attachment) For For AVISTA UTILITIES: By: By: Title: Title: Joint Use Administrator Phone Phone: 509-495-4270 Date: Date: Rev 7/29/2003 RLA No.: EXHIBIT I ROUTE LICENSE ACKNOWLEDGMENT This Route License Acknowledgment("RLA") is hereby annexed to and made a part of the Joint Use Mas- ter License Agreement between AVISTA UTILITIES and dated , . Terms in this RLA have the same meaning as such terms in the Agreement unless otherwise indicated. In each instance in which the provisions of this RLA contradict or are inconsistent with the provision of the Agreement or its exhibits, the provisions of this RLA shall prevail and go- vern, and the contradicted or inconsistent provisions shall be deemed amended accordingly. Route Starting Address Route Description Ending Address Cable Application Video Audio x I Data messenger cable#1 cable#2 overlash Quantity SEE ITEMIZED LIST ATTACHED Installed Tension at 0°C Weight(Ibs per 1000 feet) Diameter inches Schedule Permit start date Expiration of this RLA Annual Fees(first year) (per applicable formulas $ per foot for feet of duct in Exhibits A and/or C) $ per pole for distribution poles per pole for transmission poles $ each for conduit risers $ each for anchor attachments Special Provisions Acceptance for Acceptance for Avista Utilities: By: By: Title: Title: Joint Use Administrator Date: Date: EXHIBIT L Rev 7/29/2003 ATTACHMENT REPORT This Attachment Report is made to the Joint Use Master License Agreement between AVISTA UTILITIES and , dated I . Terms used in this Report have the same meaning as such terms in the Agreement unless otherwise indicated. Annual Report Audit Results Other ROUTE RLA or SLA Number Cable Type&Size DISTRIBUTION POLE SPACE RENTED FROM AVISTA UTILITIES(record number of attachments): CABLES POWER SUPPLIES RISERS ANCHORS ANTENNAS TRANSMISSION POLE SPACE RENTED FROM AVISTA UTILITIES(record number of attachments): CABLES POWER SUPPLIES RISERS ANCHORS DISTRIBUTION DUCT SPACE RENTED FROM AVISTA UTILITIES (record feet of route): CABLES TRANSMISSION DUCT SPACE RENTED FROM AVISTA UTILITIES(record feet of route): CABLES NOTES: N1. FO=fiberoptics;C=coax;T=Copper twisted pair N2. Wireless antenna attachments required to submit tenant list for each site. For For Avista Utilities: By: By: Title: Title: Phone: Phone: Date: Date: AVISTA UTILITIES REQUIRED R1 SEPARATION COMMUNICATIONS N4 R2 N2 N5 AVISTA UTILITIES-\ ANCHOR t.o m All attachments to Avista Utilities poles must meet the following general requirements and the specific requirements in the joint use standards that follow: NOTES: N1. All parties attaching to Avista Utilities poles must have a signed Joint Use Agreement with Avista Utilities. Joint Users must refer to their Joint Use Agreements with Avista Utilities for specific attachment requirements. N2. Attachment height will be approved by Avista Utilities prior to attachment. N3. Communication cable attachments must be on the same side of the pole as Avista Utilities neutral, unless otherwise instructed by the Avista Utilities Joint Use Administrator. N4. Communication cables must be in the communication space and separated from each other by 12 inches when attached directly to the pole; 12 inches vertical separation is specified by the FCC and local State Commissions. TV cables must be installed above telephone cables unless an alternative is approved in advance by the Avista Utilities Joint Use Administrator. N5. Attachments to all Avista Utilities anchors must be approved prior to attachment.All unbalanced tensions must be guyed. N6. Ungrounded communications down guys must be insulated if the pole supports any conductor of more than 300 volts(R4). N7. Holes resulting from attachments removed or relocated must be filled with a treated wood plug(R5). N8. Existing holes shall be used for attachments and equipment mounting whenever possible. N9. Through-bolt holes must not be cross-drilled within three inches of each other. N10. Through-bolt ends must not protrude more than two inches beyond the nut on the other side. N11. Additional clearances from ground and obstructions are the responsibility of the individual. company and may require taller structures. Prior arrangements must be made with Avista Utilities. N12. Subduct or squirrel guard must not be installed without the prior approval of the Avista Utilities Joint Use Administrator. N13. All-Dielectric-Self-Supporting(ADSS)cable is not allowed for attachment unless approved by the Joint Use Administrator. REFERENCES: R1. For Vertical Clearances,see DO-1.407 and DO-1.410. R4. NESC 279.A.2. R2. For Climbing Space,see DO-1.422. R5. See Material Specification 6682.200. R3. For Crossarm Climbing Space,see DO-1.425. DISTRIBUTION STANDARDS DATE 02/13/06 /IIt _ Joint Use III/�//STAUtilities General Requirements PAGE 1 of 1 02004 AVISTA utilities.All Rights Reserved. SPEC DO-1.401 POLE AVISTA UTILITIES N3 HEIGHT Single Circuit In-Line 45 feet Buck 50feet Double Circuit In-Line 55 feet One Buck 60 feet Two Bucks 65 feet NOTES: N 1. Use the table above as a guide for the minimum pole requirements for Avista Utilities use. Larger poles may be needed to provide adequate clearances and separation for all parties. N2. Joint use must be coordinated before construction. Joint users may be required to pay for part or all of larger poles when the additional height or class is required to meet their needs. N3. Poles are framed with the neutral down and with attachment space for joint users. N4. Pole sizes are based on mid-span separation and clearance requirements with conductor sag of ten feet (spans of about 300 feet). N5. New contacts and changes must be coordinated through Avista Joint Use Administration. REFERENCES: R1. NESC Table 232-1 for ground clearances of communication cables. R2. For Vertical Clearances, see DO-1.407 and DO-1.410. R3. For Joint Use Agreements, see DO-1.461 through DO-1.470. R4. For Joint Use Pole Strength Limits, see DO-1.434 through DO-1.440. DISTRIBUTION STANDARDS DATE 06/21/04 /IIf� _ Joint Use i'll/4/I.STA Utilities Minimum Pole Requirements PAGE 1 of 1 02004 AVISTA Utilities.All Rights Reserved. SPEC DO-1.404 /-PRIMARY CONDUCTOR -PRIMARY CONDUCTOR SYSTEM NEUTRAL- SYSTEM NEUTRAL--�,, o a o o n o 10'-6" MIN C 14'-0' MIN SEPARATION N5 SEPARATION N6 SPACE SPACE /--COMMUN ICA T ION i COMMUNICATION 0 CABLE CABLE N7 COMMUNICATION COMMUNICATION SPACE SPACE 40ft POLE 45ft OR TALLER POLE EXISTING ATTACHMENTS NEW ATTACHMENTS 0 o '�l./ SUPPLY SPACE -SHIELDED PRIMARY CABLE 40" MIN SEPARATION N 14 SPACE COMMUNICATION SPACE PRIMARY RISER CABLE DISTRIBUTION STANDARDS ,Joint Use DATE 02/08/08 /IIw _ Vertical Clearance PAGE 1 of 8 Flu///STA' Utilities at Supports C2004 AVISTA Utilities. All RigntsReserved. SPEC DO-1.407 SUPPLY SPACE N3 STREET LIGHT MAST ARM 40' MIN SEPARATION ) » SPACE =� 20" MIN TO 12" MIN BOTTOM OF MAST ARM TO DRIP LOOP COMMUNICATIONS SPACE DISTRIBUTION STANDARDS Joint Use DATE 02/08/08 /IIt�, _ i'll/V1STA Utilities Vertical Clearance PAGE 2of8 02004 AVISTA Utilities.All Rights Reserved. at Supports SPEC DO-1.407 OVERHEAD FEED TO CCU UNIT WITH RF ANTENNA MOUNTED ON STREETLIGHT MASTARM r ELECTRIC SECONDARY ja RACK a STREETLIGHT MASTARM W N CCU (N15) Z UNIT RF ANTENNA � o o 1 z v� zed �PPa mioF- qq� NO� F- � I Z O F U Q UNDERGROUND FEED TO CCU UNIT WITH RF ANTENNA MOUNTED ON STREETLIGHT MASTARM J w a� O co 1 STREETLIGHT MASTARM w v Z is CCU RF (AN15) TENNA CD UNIT of oto� C> a � o� o C) NjS Cr. CD O F U U¢ Z d O CO O ELECTRIC RISER DISTRIBUTION STANDARDS Joint Use DATE 02/08/08 /1I< Vertical Clearance PAGE 3 of 8 iPt4M,1STQ Utilities at Supports SPEC DO-1.407 02004 AVISTA UtMfle6. All Rights Reserved. CCU UNIT WITH RF ANTENNA MOUNTED ON DAVIT ARM (WITHOUT LIGHT) U ELECTRIC SECONDARY CL a RACK DAVIT ARM w a CCU UNIT RF ANTENNA O O 0O z NE 20 O O J G S L Z O U %L3 za (' OVERHEAD FEED TO CCU UNIT WITH RF ANTENNA MOUNTED ON STREETLIGHT ABOVE MASTARM J W a Q a (n (N15) RF ANTENNA W{ ELECTRIC SECONDARY CCU U N i RACK f UNIT STREETLIGHT MASTARM IL CJ Z�� 0 N+Oc:, om O ^I Z O F z �CO 0 c� DISTRIBUTION STANDARDS Joint Use DATE 02/08/08 III��StQ Utilities Vertical Clearance PAGE 4 of 8 at Supports SPEC DO-1.407 02004 AVISTA UUlitles.All Right.Reserved. UNDERGROUND FEED TO CCU UNIT WITH RF ANTENNA MOUNTED ON STREETLIGHT ABOVE MASTARM rW �a vCn (N15) RF ANTENNA w CCU U Y UNIT Cn STREETLIGHT MASTARM W ) a Z � U O U O F23 Z O �,O O ,papp f�� CCU UNIT WITH RF ANTENNA 0 MOUNTED ABOVE DAVIT ARM U° (WITHOUT LIGHT) U ELECTP,IC RISER ELECTRIC SECONDARY, RACK °-a oN RF ANTENNA as o� CCU i UNIT W Q z C DAVIT ARM � o F o � d- o 0 co zm C) o E oo� �m� v F- tn z 0 U Uj U za 0 U DISTRIBUTION STANDARDS Joint Use DATE 02/08/08 'All - Vertical Clearance PAGE 5 of 8 ,mik '�I ISTA Utilities at Supports SPEC DO-1.407 'C2004AVISTAUtilities. All Rights Reserved. 41', ELECTRIC SECONDARY RACK N9 T- N4 N10 40in MIN i COMMUNICATIONS CABLES ELECTRIC RISER R2 DISTRIBUTION STANDARDS Joint Use DATE 02/08/08 ,iCs111 VISTA Ufl/%fleS Vertical Clearance PAGE 6 of 8 C2004 AVISTA Utilities. All Rights Reserved. at Supports SPEC DO-1.407 1 SUPPLY SYSTEM —SECONDARY OR SPACE NEUTRAL SUPPLY SERVICE CONDUCTORS SPACE `-DRIP LOOP 40in MIN SEPARATION NIO 40in MIN SPACE SEPARATION SPACE COMMUNICATION COMMUNICATION SPACE SPACE I SECONDARY OR SECONDARY OR ` SERVICE 1 SERVICE CONDUCTORS 1 CONDUCTORS +� SUPPLY SUPPLY SPACE SPACE 40in I'IP! SEPARATION SPACE 40in MIN SEPARATION SPACE COMMUNICATION SPACE COMMUNICATION SPACE DISTRIBUTION STANDARDS Joint Use DATE 02/08/08 '411W Vertical Clearance PAGE 7 of 8 -dilffSTAW Utilities at Supports C�2004 AVISTA Utilities.All Rinhts Reserved. • SPEC DO-1.407 NOTES: N1. All attachments must meet the general requirements in DO-1.401. N2. Communication cables must meet all separation requirements for the voltage involved. A minimum clearance of 40 inches must be maintained between the bottom of the secondary supply space and the top of the communication space. The secondary supply space includes the Avista Utilities neutral and secondary facilities from 0 to 750V. N3. Streetlights may be mounted in the separation space provided certain minimum clearances are met. A minimum of 20 inches of clearance must be maintained between the bottom of the streetlight mast arm and the top of the communication space. In addition to the 20 inch clearance,a minimum of 12 inches clearance must be maintained between the bottom of the streetlight drip loop and the top of the communication space. N4. Install communication cables and hardware at least 40 inches below the top of the electric secondary riser. N5. If the primary and neutral conductors are mounted on a crossarm at the same level and there is no other supply equipment mounted below the primary arm,then the minimum clearance between the supply conductors and the communication space is 10 feet 6 inches from 751 V to 34,500V. N6. For all new Communication attachments on 45 foot or taller poles with the primary and neutral conductors mounted on a crossarm at the same level and there is no other supply equipment mounted below the primary arm,Avista Utilities requires a minimum clearance at the pole of 14 feet from the highest communication cable to the primary crossarm bolt from 751V to 34,50OV. This allows for future circuit upgrades to three phase operation with the neutral framed in the secondary position. N7. For all new Communication attachments on 45 foot or taller poles,the highest point of attachment at the support must not exceed 23.5 feet from the ground,unless approved otherwise by the Joint Use Administrator. If approved,all communication attachments must meet all other minimum vertical clearances between communication cables and electric conductors and facilities. N8. Clearances at the pole are from the horizontal plane touching the lowest part of the Avista Utilities wire, mast arm,secondary rack,or top of conduit to the horizontal plane touching the uppermost part of the communication cable. N9. The horizontal clearance between the riser conduit and communication cables and hardware must be at least 2 inches. N10. No conduit covering is required in the communication space on a vertical wire from earth ground to the electric neutral. N11. Supply Space is the vertical space on a pole occupied by the electric supply conductors and/or hardware. N12. All vertical clearances at the support apply to spans less than 400 feet. For longer spans additional clearances may be required. N13. Clearances to primary facilities may be reduced to 7 feet for brackets and hardware or as approved by the Joint Use Administrator. N14. Clearances to primary facilities may be reduced to 40 inches for shielded primary cable from OV to 8,700V installed vertically down the pole from where it enters the top of a primary conduit riser. N15. Although a luminaire or traffic signal bracket is allowed in the safety zone,packet radio antennas cannot be mounted on such devices when they are in the communication worker safety zone. REFERENCES: R1. NESC 235C 2b(1),Table 235-5 and NESC 238C,D and E. R2. NESC 239F and G. R3. NESC 236D-1. For climbing space clearance requirements,see DO-1.422. DISTRIBUTION STANDARDS Joint Use DATE 02/08/08 '4Ii1 Vertical Clearance PAGE 8 of 8 �1i/�NSTA llfil%fi@S at Supports C2004 AVISTA Utilities. All Rights Reserved. pp SPEC DO-1.407 SECOIIOARY/SERVICE/NEUTRAL CONDUCIOR- 30'M111 u.IDSPAN 1 40' AT '-UPPER COVMURICATICN CABLE INE POLE DISIRIBU71ON PRIMARY AND NEUTRAL--, SUPPLY CONDUCTORS 14'-0• AT THE POLE 101-6' V.IN A'„SPAT! 4 UPPER COMMUNICATION CABLE DISIRIBUTION PRIMARY a"0 D?UTRA!- S'JPPLY CONDUCTORS I THE POh 7' U?N MIDSPAN I :1 NOTES: N1. All attachments must meet the general requirements in DO-1.401. N2. Communication cables must meet all separation requirements for the voltage involved. A minimum midspan clearance of 30 inches must be maintained between the bottom of the secondary supply conductor and the upper communication cable. The secondary supply space includes the Avista Utilities neutral and secondary facilities from 0 to 750V. N3. Sag communication cables below and parallel to the Avista Utilities neutral(below and parallel to Avista Utilities secondary conductors on poles without a primary circuit). N4. If the primary and neutral conductors are mounted on a crossarm at the same level,a minimum midspan clearance of 10 feet 6 inches must be maintained between the bottom of the 751 to 34,500V primary supply conductor and the upper communication cable based on 14 feet of separation at the pole. (See DO-1.407, N6). N5. If the primary and neutral conductors are mounted on a crossarm at the same level,a minimum midspan clearance of 7 feet 11 inches must be maintained between the bottom of the 751 to 34,500V primary supply conductor and the upper communication cable based on 10 feet 6 inches of separation at the pole. (See DO-1.407, N5). N6. Clearances must be met with upper conductor(Avista Utilities)at 176 degrees F final unloaded sag and lower conductor(cable)at 0 degrees F final unloaded sag. N7. All vertical clearances at midspan apply to spans less than 400 feet. For longer spans additional clearances may be required,based on line of sight limitations with conductors at 60 degrees F, no wind,final unloaded sag(R1). REFERENCES: R1. NESC 235C. DISTRIBUTION STANDARDS Joint Use DATE 02/13/06 UfllltleS Vertical Clearance PAGE 1 of 1 III��STQ`G2004AVISTAUtilities.All Rights Reserved. at Midspan SPEC DO-1.410 MINIMUM SEPARATION ° 20' TO MAST ARM AND ° 40' TO SECONDARY RACK AND/OR NEUTRAL J --7 o ° 6 1 1 1 12A ° FRONT VIEW OF POLE NOTES: N1. When communication arms are required,all existing joint users must move to the arm and all future joint users must install on the arm until the space on the arm is filled. Attachments separate from the crossarm may be allowed where crossamn attachment is not practical. N2. Telecommunication crossarms must be at least 4 feet-8 inches long and braced on both sides. N3. All telecommunications crossarms must be installed on the same side of the pole as the transformer or power crossarm,if no transformer exists. N4. The clearance between the top of the crossarm braces and the bottom of the street light mast arm must be at least 2 inches. N5. Provide at least 12 inches of vertical separation between upper and lower cables and between crossarm pole bolts; 12 inches vertical separation between communication cables is specified by the FCC and local state commissions. N6. Provide at least 6 inches of horizontal separation between telecommunications cables,with no cable closer than 12 inches to the centerline of the pole(N8). N7. For all new Communication attachments,install all cables on the same side of the communication crossarm. N8. Provide a horizontal climbing space at least 24 inches wide and 24 inches deep on the back side of the pole(R2). N9. Crossarm assembly materials must meet the requirements of Avista Utilities specifications including 3400.100 for wood arms and 4853.350 forflat steel braces:--- REFERENCES: R1. NESC Table 235-1 R2. For details on climbing space,see DO-1.425. R3. Forjoint use clearances,see DO-1.407 and DO-1.410. R4. Minimum vertical separation of communication cables is based on NESC 235G and Avista Utilities maximum average span length of 300 feet. DISTRIBUTION STANDARDS DATE 08/24/04 /llw— _ Joint Use i'lll VISTA^ Utilities Communication Crossarms PAGE 1 of 1 02004MSTAUtillties. All Rights Reserved. SPEC DO-1.413 —COMMUNICATIONS 1 MESSENGER 0 0 0 �\`COMMUN ICAT IONS CABLE `—BOND ATTACHMENT �—AVISTA POLE GROUND CONDUCTOR NOTES: N1. Communication attachments with messenger wires requiring grounding must be connected by a bond attachment to the Avista Utilities vertical pole ground. N2. Communication companies shall not install vertical pole grounds on Avista Utilities distribution poles with a primary neutral. N3. Do not cut or damage the Avista Utilities vertical pole ground when attaching communications bond connections. N4. Where messenger wires are adequate for system ground conductors, a minimum of four (4) connections in each mile_to Avista_Utilities vertical-pole grounds are..required._ Otherwise, -- eight(8) connections in each mile to Avista Utilities vertical pole grounds are required. N5. If additional grounding is required, the joint user must pay for Avista Utilities to install additional vertical pole grounds as a make-ready expense. Pole grounds, bonds to electric neutral or earth ground are not allowed on Avista Utilities air switch poles. REFERENCES: R1. NESC 092. C DISTRIBUTION STANDARDS DATE 08/24/04 Allw_ _ Joint Use PAGE 1 of 1 .06kr�I�STA' (Unifies Grounding ®2004 AVISTA Utilities.All Rights Reserved. SPEC DO-1.419 PREFERRED CLIMBING SPACE 24" !>POWER 24' I I I I N I I I I 40" N3 I I I I I I I I I ACCEPTABLE I I CLIMBING SPACE 12' I I COMMUNICATIONS I 24" I t I N3 40, I I I I I I L_ - - J NOTES: N1. Where communication cables are attached to the pole,all such cables must be attached directly below the neutral or service rack of the power system,unless otherwise authorized by the Avista Utilities Joint Use Administrator N2. The climbing space through the communication cables must- be at least 24 inches by 24 inches, extend at least 40 inches above the upper cable and 40 inches below the lower cable. • be on the same side of the pole as climbing space through power conductors. N3. Equipment must not be installed in the climbing space (subscribers'drops,amplifiers,ground wires,conduits,risers,etc.). ---N4. -Locate-conduits,-down guy-bonds,ground wires and ground moldings outside the.climbing space and under the power transformer or crossarm. N5. 12 inches vertical separation between communication cables is required at the pole. REFERENCES: R1. NESC 235C1,236 R2. For Vertical Clearances,see DO-1.407. DISTRIBUTION STANDARDS DATE 08/24/04 -AIIv_ Joint Use �'d V�STA' Utilities Climbing Space PAGE 1 of 1 C2004AVISTAUtiiitim All Rights Reserved. SPEC DO-1.422 CROSSARM CLIMBING SPACE PRIMARY CROSSARM N3 I ' �I I NI _ L _— — J — TRANSFORMER I 24„� I� o ° BRACKETS CLIMBING SPACE —r -. POWER I I I I CN N3 COMMUNICATIONS L I 24" I 1 NOTES: N1. Where communication cables are attached to the pole,all such cables must be attached directly below the neutral or service rack of the power system,unless otherwise authorized by the Avista Utilities Joint Use Administrator. N2. The climbing space through the communication cables must- • be at least 24 inches by 24 inches • extend at least 40 inches above the upper cable and 40 inches below the lower cable. • be on the same side of the pole as climbing space through power conductors. N3. Equipment must not be installed in the climbing space (subscribers'drops,amplifiers,ground wires,conduits,risers,terminal boxes,etc). N4. Locate conduits,down guy bonds,ground wires and ground moldings outside the climbing space and under the power transformer or crossarm. REFERENCES: R1. NESC 235,236. R2. For Vertical Clearances see DO-1.407. R3. For minimum horizontal separation,see NESC 235151,Exception 2. DISTRIBUTION STANDARDS DATE 08/24/04 /Ilr _ Joint Use PAGE 1 of 1 %'III VISTA Utilities Crossarm Climbing Space C2004 AVISTA Utilities. All RlghtsReserved, SPEC DO-1.425 /NO PAKING NOTES: N1. All communication attachments on Avista Utilities steel distribution and transmission poles must be banded to the poles unless factory pre-drilled holes are available. No field-drilled holes are permitted unless approved by the Joint Use Administrator. N2. Temporary sign attachments on Avista Utilities steel distribution,transmission and street light poles must be banded to the poles unless factory pre-drilled holes are available. No field-drilled holes are permitted. N2. All attachments must be approved by Avista Utilities prior to installation. N3. All attachments must meet Avista Utilities specifications for clearances. N4. Communication cables must not be attached-to steel street light-poles. REFERENCES: R1. For clearance requirements, see DO-1.407. R2. For communication crossarms, see DO-1.413. DISTRIBUTION STANDARDS DATE 03/11/04 ,Allw _ Joint Use i'l11 VISTA` Utilities on Steel Poles PAGE 1 of 1 02004 AVISTA Utllitles.All Rlghts Reserved. SPEC DO-1.428 NEUTRAL SWITCH CONTROL ROD COMMUNICATIONS ATTACHMENTS ON NON-METALLIC STANDOFFS CONTROL ROD INSULATOR 0 NOTES: N1. The following communication facilities are not allowed on air switch poles: conduit risers, metallic brackets, power supplies and other boxes, bonds to electric neutral or earth ground,and steps. N2. Dead ends and down guying for communication attachments are not allowed on air switch poles. If side guying is required,a guy insulator must be installed. The guy insulator must be located so the bottom of the insulator is at least 8 feet above ground if the guy is broken below the insulator. Guy insulators must be rated for the highest voltage on the pole and for the full mechanical strength of the guy strand.(R2) Guy insulators may be provided by Avista Utilities as a make-ready expense. N3. Provide a minimum of 12 inches horizontal clearance between the air switch control rod and all metallic parts of the communications attachment including the messenger and bracket. N4. Install cable attachments on non-metallic standoffs on the side of the pole opposite to or at 90 degrees from the switch control rod. N5. All Communication attachments-must be located-above the switch control-rod insulator.--- N6. All attachments on air switch poles must be approved in advance. N7. Contact Avista Utilities Joint Use if the communication cable attachment cannot be installed on the same side of the pole as the electric neutral. N8. If the attachment cannot be made as described herein,the joint user must pay for suitable modifications of the air switch pole as a make-ready expense. REFERENCES: R1. For air switch installation,see DO-4.520. R2. NESC 279A2 DISTRIBUTION STANDARDS Joint Use DATE 09/21/04 '4II� on PAGE 1 of 1 rill V S`TAM Utilities Air Switch Poles ®2004AWSTAUtilities.All Rights Reserved. SPEC DO-1.431 PRIMARY NEUTRAL COMMUNICATIONS MAXIMUM SPAN LENGTH ON POLES WITH A 3-PHASE PRIMARY CIRCUIT POLE CLASS NO. CABLES 5 ' 4 71 3 2 1 1 1 H-1 1 208 255 320 422 510 608 2 178 216 271 357 431 514 3 156 188 236 310 375 447 4 139 167 209 275 333 397 NOTES: Use the following notes for distribution poles with a 3-phase primary circuit. For transmission poles, contact Avista Utilities Joint Use. N1. Determine the pole class from the table in N5. N2. For the desired number of communication cable attachments (new plus existing), use the table above to determine the maximum allowable span length. N3. Determine the actual average span length (N6). a) If the actual average span length is less than the maximum allowable span length, the-pole may-have sufficient strength for-the additional_joint_use.____— ._- b) If the actual average span length is greater than the maximum allowable span length, the pole does not have enough strength for the additional span length and must not be used or must be replaced at the expense of the communications company(s). N4. All joint use attachments must be coordinated through Avista Joint Use Administration prior to attachment. DISTRIBUTION STANDARDS Joint Use DATE 06/21/04 III/�II : -r//ETA' UtilitiesPole Strength Limits PAGE 1 of 2 for 3-Phase Poles ®2004AVISTAUtilities. All Rights Reserved. SPEC DO-1.434 N5. POLE CLASS: a) Measure the above-ground height of the pole in feet. b) Measure the circumference of the pole in inches at groundline. c) For the above-ground height, use the following table to find the circumference that is less than or equal to the measured circumference. d) Read the pole class from the top of the column. ABOVE- GROUND OVERALL HEIGHT LENGTH CL 5 I CL 4 CL 3 CL 2 CL 1 CL H-1 34.0 40 34.0 36.5 39.5 42.5 45.0 48.0 38.5 45 35.8 38.3 41.3 44.3 47.2 50.2 43.0 50 36.9 39.6 43.0 46.0 49.0 52.0 47.5 55 / 41.4 44.3 47.8 50.8 1 53.7 52.0 60 / 42.7 45.6 49.1 52.5 55.5 N6. Actual average span length = sum of the 2 longest Avists Utilities spans 2 N7. Results are based on joint use attachments with an effective diameter of 1 inch separated by 12 inches at the attachment position. Larger attachments must be considered separately. N8. Results are based on wind loading plus 10% under medium loading conditions with conductors at normal mounting heights on Western red cedar poles with stress limits of 4000 psi (at replacement). Contact Joint Use Administration for species other than Western red cedar. REFERENCES: R1. NESC 261. DISTRIBUTION STANDARDS Joint Use DATE 06/21/04 Pole Strength Limits PAGE 2 of 2 Utilities for 3-Phase Poles ®2004AVISTAUtllltles. All Rlghts Reserved. SPEC DO-1.434 PRIMARY NEUTRAL COMMUNICATIONS MAXIMUM SPAN LENGTH ON POLES WITH A SINGLE-PHASE PRIMARY CIRCUIT POLE CLASS NO. CABLES 5 i 4 1 3 1 2 1 i 1 380 466 582 762 918 1093 2 290 351 438 574 691 824 3 236 283 353 462 557 664 4 200 238 297 389 469 558 NOTES: Use the following notes for distribution poles with a single-phase primary circuit. For transmission poles, contact Avista Utilities Joint Use. N1. Determine the pole class from the table in N5. N2. For the desired number of communication cable attachments (new plus existing), use the table above to determine the maximum allowable span length. N3. Determine the actual average span length (N6). a) If the actual average span length is less than the maximum allowable span length, the pole may have sufficient strength_for.the additional_joint_use.__ b) If the actual average span length is greater than the maximum allowable span length, the pole does not have enough strength for the additional span length and must not be used or must be replaced at the expense of the communications company(s), N4. All joint use attachments must be coordinated through Avista Joint Use Administration prior to attachment. DISTRIBUTION STANDARDS Joint Use DATE 06/21/04 "4I1t Pole Strength Limits PAGE 1 of 2 i'iIiV ISTAm Utilities for Single-Phase Poles ©2004AVISTAUtiilties. All Rights Reserved. SPEC DO-1.437 N5. POLE CLASS: a) Measure the above-ground height of the pole in feet. b) Measure the circumference of the pole in inches at groundline. c) For the above-ground height, use the following table to find the circumference that is less than or equal to the measured circumference. d) Read the pole class from the top of the column. ABOVE- GROUND OVERALL HEIGHT LENGTH CL 5 CL 4 CL 3 CL 2 CL 1 CL H-1 34.0 40 34.0 36.5 39.5 42.5 45.0 48.0 38.5 45 35.8 38.3 41.3 44.3 47.2 50.2 43.0 50 36.9 39.6 43.0 46.0 49.0 52.0 47.5 55 41.4 44.3 47.8 50.8 53.7 52.0 60 42.7 45.6 49.1 1 52.5 55.5 N6- Actual average span length =sum of the 2 longest Avista Utilities soans 2 N7. Results are based on joint use attachments with an effective diameter of 1 inch separated by 12 inches at the attachment position. Larger attachments must be considered separately - N8. Results are based on wind loading plus 10% under medium loading conditions with conductors at normal mounting heights on Western red cedar poles with stress limits of 4000 psi (at replacement). Contact Joint Use Administration for species other than Western red cedar. Contact Joint Use Administration for species other than Western red cedar. REFERENCES: R1. NESC 261. DISTRIBUTION STANDARDS Joint Use DATE 06/21/04 /ll� - Pole Strength Limits PAGE 2 of 2 rill LSTA" utilities for Single-Phase Poles ®2004 AVISTA Utilities.All Rights Reserved. SPEC DO-1.437 PRIMARY PRIMARY NEUTRAL COMMUNICATIONS MAXIMUM SPAN LENGTH ON POLES WITH A DOUBLE PRIMARY CIRCUIT POLE CLASS 1NO. CABLES d I 3 It 2 / 1 HA I H-2 1 169 213 280 339 404 470 2 154 194 255 308 368 428 3 142 178 235 283 338 395 4 131 165 218 263 314 363 NOTES: Use the following directions for distribution poles with a double primary circuit. For transmission poles, contact Avista Utilities Joint Use. N1. Determine the pole class from the table in N5. N2. For the desired number of communication cable attachments (new plus existing), use the table above to determine the maximum allowable span length. N3. Determine the actual average span length (N6). a) If the actual average span length is less than the maximum allowable span length, the-pole.may_have-sufficient strength for-the-additional joint_use. __ _ __ b) If the actual average span length is greater than the maximum allowable span length, the pole does not have enough strength for the additional span length and must not be used or must be replaced at the expense of the communications company(s). N4. All joint use attachments must be coordinated through Avista Joint Use Administration prior to attachment. DISTRIBUTION STANDARDS Joint Use DATE 06/21/04 .i'lll VISTA �ISTA UtilitiesPole Strength Limits PAGE 1 of 2 for Double-Circuit Poles ®2004AVISTAUtilities. All Rights Reserved. SPEC DO-1.440 N5. POLE CLASS: a) Determine the above-ground height of the pole in feet. b) Measure the circumference of the pole in inches at groundline. c) For the above-ground height, use the following table to find the circumference that is less than or equal to the measured circumference. d) Read the pole class from the top of the column. ABOVE- GROUND OVERALL HEIGHT LENGTH CL 5 CL 4 CL 3 CL 2 CL 1 CL H-1 CL H-2 34.0 40 34.0 36.5 39.5 42.5 45.0 48.0 51.0 38.5 45 35.8 38.3 41.3 44.3 47.2 50.2 53.2 43.0 50 36.9 39.6 43.0 1 46.0 49.0 52.0 54.9 47.5 55 0,714M 41.4 44.3 47.8 50.8 53.7 56.7 52.0 60 42.7 45.6 1 49.1 52.5 55.5 58.4 N6. Actual average span length = sum of the 2 adjacent Avista Utilities spans 2 N7. Results are based on joint use attachments with an effective diameter of 1 inch separated by 12 inches at the attachment position. Larger attachments must be considered separately. N8 Results are based on wind loading plus 10% under medium loading conditions with conductors at normal mounting heights on Western red cedar poles with stress limits of 4000 psi (at replacement). Contact Joint Use Administration for species other than Western red cedar. REFERENCES: R1. NESC 261. DISTRIBUTION STANDARDS Joint Use DATE 06/21/04 /ll - Pole Strength Limits PAGE 2 of 2 III VISTA` Utilities for Double-Circuit Poles C2004 AVISTA Utilities.All Rights Reserved. SPEC DO-1.440 ELECTRIC SECONDARY RACK 40" MIN 20"1-24" 1 COMMUNICATIONS CABLES DISCONNECT BOX FOR POWER SUPPLY NOTES: N1. Install communication power supply weather heads to provide at least 12 inches of clearance between the bottom of the drip loop and the uppermost communication cable and attachment hardware. The clearances are based on the distance required between the communication cable and the bottom of the drip loop at a streetlight mast arm. N2. Communication power supplies and other equipment must be installed under the electric crossarm in a manner that will not block the climbing space (R3). N3. All new power supplies with battery backup or other equipment must be installed on the ground in manholes or padmount gear(R4). REFERENCES: R1. NESC 238. R2. For vertical clearances to electric conductors, see DO-1.407. R3. For climbing space requirements, see DO-1.422 and DO-1.425. R4. For manhole or padmount locations, see DO-1.446. DISTRIBUTION STANDARDS DATE 04/03/06 /II>•� _ Joint Use PAGE 1 of 1 i'4'Nf1Si TA- Utilities Power Connections 02004 AVISTA Utilities.All Rights Reserved. SPEC DO-1.443 � I \ I l 1 I CLIMBING Ir I 1i RISER AND COMMUNICATIONS I EQUIPMENT RISER SPACE I I SPACE B 1 I � N4 � i r \ I i �l NOTES: N1. Risers are not allowed on Avista Utilities air switch poles. (See DO-1.431). N2. Communication companies are limited to one(1)4-inch conduit or two(2)2-inch conduits per pole, unless approved by the Joint Use Administrator. Maximum total number of conduits for all compa- nies, including Avista conduits, is four(4)4-inch on any pole. No more than six conduit risers shall be placed on a set of standoff brackets. N3. No later than two business days prior to any excavation deeper than 12 inches,the excavator is required by law to mark the area of excavation and contact the local"One Call"office. (R1, R2) N4. All excavations for handholes, manholes and vaults must be no closer,to the pole,than five feet or the depth of the excavation(A=B),whichever is greater. N5. All risers must be installed on the side of the pole under the electric crossarrn or equipment and must not block the climbing space. The conduit must be securely attached to the pole at intervals of no more than 10 feet: Maintain a minimum of 8 feet between the ground line or lowest standoff bracket and the next highest bracket to discourage climbing. N6. Backfill must be tamped or otherwise compacted to prevent settling and must be protected from erosion. N7. Innerduct must not extend more than 4 inches beyond the top of the riser. N8. Minimize the disturbance of soil,at the pole,to prevent loss of treated soil and premature deteriora- tion of the butt of the pole. N9. The joint user is responsible for the cost of installing risers, conduits,ditches and manholes which it uses for its communications cables. Risers which connect to communication handholes, manholes or vaults will be owned and maintained by the communication company. Risers which connect to Avista Utilities handholes,manholes,or vaults will be owned and maintained by Avista Utilities. N10. Equipment such as power supplies must-be mounted-under the electric crossarm and must not block space for additional communication attachments or climbing space. Large boxes should be installed below the communications space and approved by the Joint Use Administrator prior to installation. REFERENCES: R1. In Spokane,the One Call number is 456-8000. R2. NESC 217A2c R3. For new riser installations after October 2004,refer to DO-1.449. DISTRIBUTION STANDARDS Joint Use DATE 09/21/04 /ail• - Manholes, Risers PAGE 1 of 1 �►IW STA9 Utilities and Equipment 02004 AVISTA Utilities.All RIghts Reserved. SPEC DO-1.446 N6 —j TOP OF ELECTRIC CONDUIT RISER 5" MIN 40" MIN SEPARATION SPACE ` f RISER HIGHEST COMMUNICATION ATTACHMENT s POLE STANDOFF �� BRACKET 170 N16 r 5° MIN ARM N6 c� i i 45' �N12 8' MINIMUM N13 ,,, 10 MAXIMUM ACCEPTABLE m RISER x POLE i`r z �` LOCATION <70 IQ IL J1 �j' 45' T1 t CONDUIT RISER PLACEMENT (TOP VIEW) NOTES: N1. No risers or conduit risers are allowed on Avista Utilities air switch poles. (See DO 1.431). N2. Communication risers are not allowed on substation riser poles. N3. New communication conduit riser installations will require that all conduit risers on the pole be strapped to one set of standoff brackets, including electric conduits. N4. Communication companies are limited to one(1)4-inch conduit per pole or two(2)2-inch conduits per pole,unless otherwise approved by the Joint Use Administrator. N5. 10-INCH or 15-INCH RISER STANDOFF BRACKETS: Maximum total number of conduits for all companies,including Avista conduits,is four(4)4-inch conduits on any pole. Two(2)2-inch conduits may be counted as one(1)4-inch conduit. No more than six conduit risers shall be placed on a set of standoff brackets.This is based on 15-inch standoff brackets. Longer standoffs require the prior approval of the Joint Use Administrator. DISTRIBUTION STANDARDS DATE 04/12/07 /Ile _ s I Joint Use iiVwd V� A UtifitiBS New Riser Installations PAGE 1 of 2 02004 AVISTA Utilities.All Rights Reserved. SPEC DO-1.449 NOTES: (continued) N6. Communication risers must be mounted to provide a minimum five-inch clearance between the face of the pole and the riser closest to the pole. N7. If standoff brackets have electric conduits and need to be changed to longer brackets to accommodate additional communication conduit risers,then the changeout of the brackets shall be done by Avista Utilities at the expense of the communication company. The electric conduits should be placed outside of the communication conduits whenever possible. N8. Small communication service drops going up or down the pole may be secured directly to the pole. More than two small service drops are required to be installed in conduit on standoffs and must be located on the equipment side of the pole and not infringe on the pole climbing space. N9. Small service splice boxes may be allowed near the bottom of the pole and must be located on the equipment side of the pole and not infringe on the pole climbing space. N10. Locate conduit risers where they will not interfere with climbing space or the operation of pole mounted equipment. N 11. Locate the standoff brackets and conduit riser on the equipment side of the pole that is opposite of the climbing space. Avoid trapping communication lines between the riser and the pole. N12 Install one standoff bracket up to six-inches below final grade to hold the riser in position during backfill. N13. Maintain a minimum of eight feet(ten feet maximum)between the ground line or lowest standoff bracket and the next highest bracket. N 14. Placement of standoff brackets and conduit risers should avoid vehicular traffic and not enter into a sidewalk or curb area. N15. Innerduct must not extend more than 4 inches beyond the top of the riser. N16. An 18-inch standoff bracket should be used if there is joint use on a 600 amp,three-phase primary riser (three(3)four-inch conduits). This may result in the distance between the face of the pole and the riser closest to the pole to be less than the five-inch minimum clearance,which will require prior approval by the Joint Use Administrator. REFERENCES: R1. - NESC217A2c. R2. For disturbance of soil,responsibility of costs and power supply location,see DO-1.446. DISTRIBUTION STANDARDS DATE 04/12/07 �Ilr Joint Use 111/va/STA utilities New Riser Installations PAGE 2 of 2 02004 AVISTA Utilities. All Rights Reserved. SPEC DO-T449 7/1 NOTES: N1. All attachments must be approved prior to installation. N2. Temporary attachments must meet all requirements for regular attachments including all clearance and climbing space requirements. N3. Temporary attachments must be secured with hardware suitable for the load being supported; all attachments on steel poles must be banded. (N6) N4. At the termination of the temporary attachment, all related hardware and materials must be promptly removed at the sole expense of the attaching party. N5. Temporary attachments are those which are intended to be in place no longer than six months. N6. Under emergency conditions, non-standard supports for existing cables may be used at the communication company's sole risk. Non-standard supports must be replaced with regular supports within 30 days after the end of the emergency. REFERENCES: R1. For clearance requirements, see DO-1.407. R2. For climbing space, see DO-1.422 and DO-1.425. R3. For attachments on steel poles, see DO-1.428. DISTRIBUTION STANDARDS DATE 05/24/04 /Ilia Joint Use �iJ MSTAM' Utilities Temporary Attachments PAGE 1 of 1 C2004AVISTAUtilities.All Rights Reserved. SPEC DO-1.452 POWER GUY COMMUNICATIONS CABLE POWER ANCHOR NOTES: N1. Each company is responsible for determining and installing appropriate guying to balance the maximum horizontal tension of its cables. Communications cable tension must be balanced with guying at all deadends and corners and at such other locations as required by codes and regulations. N2. Communication guys may be attached to Avista Utilities anchors only if all of the following conditions are met: a. The guy is grounded or insulated, b. The anchor has adequate strength (R4), and c. DC currents on the guy will not contribute to anchor corrosion. N3. If the existing anchor does not have adequate strength for additional guys, the communication company must install its own anchor or pay for the replacement of the existing anchor with a higher-capacity anchor. Separate communication anchors must be at least 48 inches inside the nearest Avista Utilities distribution anchor and 10 feet inside the nearest Avista Utilities transmission anchor. Do not cross down guys. N4. Bonding of the communication messenger to the down guy must be installed on the non-climbing side of the pole. N5. Do not install "marriage"clamps or similar devices that would fasten two down guys together for ground clearance. N6. Do not install pole-to-pole deadhead guying that uses the pole as an anchoring device without the use of a down guy to an anchor. N7. Guys may be grounded with a bolted connection to a messenger that has at least 4 grounds per mile throughout its length. If the messenger does not have at least 4 grounds per mile or has excessive DC current, the guy must be insulated (R6). N8. Guys that are not grounded must be insulated with an insulator rated for the highest voltage on the pole and for the full mechanical strength of the guy strand (R3). N9. Guy markers shall be-installed on-communications cables.- REFERENCES: R1. NESC 215C2 R2. NESC 92C R3. NESC 279A2 R4. For anchor strength, see DO-1.458. R5. For guying of Switch poles, see DO-1.431. R6. For grounding requirements, see DO-1.419. DISTRIBUTION STANDARDS DATE 02/13/06 /o!_ - TA Joint Use PAGE 1 of 1 ,ioid" VISUtilities Guying (02004AVISTAUOIItles. All Rights Reserved. SPEC DO-1.455 ELECTRIC PRIMARY ELECTRIC NEUTRAL COMMUNICATIONS NOTES: N1. Use the following procedure to determine the remaining anchor capacity. a. Identify the size and type of the existing anchor. • Find the anchor limit in Table 1. b. Identify the size of each existing guy attached to the anchor. • Find each guy limit in Table 2. • Add the limits of all guys attached to the anchor. c. Subtract the sum of the guy limits from the anchor limit. N2. If the result is greater than the limit of the proposed guy,the anchor may be used. N3. If the result is less than the limit of the proposed guy, a separate anchor must be installed. N4. Place a new anchor at least 48 inches closer to the pole than the nearest existing anchor. New anchors must also be a minimum of 10 feet inside the nearest Avista Utilities transmission anchor. DISTRIBUTION STANDARDS DATE 05/24/04 A11W— _ Joint Use rill VASTA Utilities Anchor Limits PAGE 1 of 2 ®2004AVISTA Utilities. All Rights Reserved. SPEC DO.1.458 N5. To identify the size and type of anchor, a. measure the diameter of the rod (5/8, 3/4,or 1 inch), b. examine the guy eye: 1. plate(X)anchors have eyes which are integral with the rod (cast as one piece) 2. screw(S)anchors have eye nuts which are screwed onto the rods. TABLE 1:ANCHOR STRENGTH LIMITS DIAMETER LIMIT (inches) (Ibs) PLATE 5/8X 14,400 PLATE 3/4X 20,700 PLATE 1X 32,400 SCREW 1S1R 19,800 N6. To identify the size of each guy, a. measure the diameter of the strand (1/4, 5/16, 3/8, 7/16, or 1/2 inch), TABLE 2: GUY STRENGTH LIMITS DIAMETER LIMIT (inches) (Ibs) 1/4 4,000 5116 7,000 3/8 10,000 7/16 16,000 1/2 22,000 --REFERENCES:- R1. For joint use guy requirements, see DO-1.455, DISTRIBUTION STANDARDS DATE 05/24/04 /ll!_ TA- Joint Use PAGE 2 of 2 ,444'W/SUtilities Anchor Limits 1 C2004 AVISTA Utilities. All Rights Reserved. SPEC DO-1.458 TV/Telecom Joint use requested by: Cable Company Verizon Qwest Normal Pole Length(N3) As Required 40 Foot 40 Foot for Avis a Litili i .g CI sc 4 Class 4 Usual Owner(N7) Avista Utilities Avista Utilities Avista Utilities Taller Pole Install for:(N8) Owner only At Owner's Expense Renter only Renter pays added cost Both parties,Govt,or Property Renter pays 112 added cost owner Space on 40 foot Pole: Avista Utilities top 8 feet top 8 feet Telephone direct attachment N/A 20'-8"to 21'-8" 20'-2"to 21'-8" Telephone crossarm 19'=8"to 21'-8" 20'-2"to 21'-8" Space on 35 foot Pole: Avista Utilities N/A N/A Top 1.5 feet TV/Teleohone 1 21'-8"to 22'-2" Bonding Installed at renter's expense Normal Anchor installed by N91 Avista Utilities Owner Owner Guvs installed by Cable Companv(N10)1 Renter I Renter NOTES: N1. Each company must obtain its own ROW permits or easements as required. N2. All attachments must comply with Avista Utilities and NESC clearance and separation standards at the time of installation or alternation. N3. Height and location of pole,its owner and its suitability for joint use must be agreed in writing before construction. N4. Cable company must have a signed agreement and signed copy of application before attaching. N5. The pole owner may deny the joint use of any pole due to concerns for capacity,safety,reliability,or engineering consideration. N6. Each party must guy and anchor its unbalanced loads. N7. Avista Utilities can elect whether or not to install the joint use pole. Renter can install the pole if Avista Utilities does not. Avista Utilities will buy cable company poles for the remaining value if Avista Utilities must attach. N8. A taller pole may be required to provide ground clearance,separation between utilities or both. N9. An Avista Utilities anchor may be used by the communication company only when the loading im- posed by the NESC does not exceed its capacity. When the anchor is not adequate,the communication company must install an anchor at its own sole cost or pay the full cost of replacing the Avista Utilities anchor with an anchor adequate for the total load as a make-ready expense. N10. The communication company must install its own guys. If the installed guy is not adequate or is improperly insulated,Avista Utilities can install an appropriate guy at the sole cost of the communication company. REFERENCES: R1. Community Television Joint Pole Agreement. R2. General Agreement for Joint Use of Wood Poles between WWP(now Avista Utilities)and GTE Northwest Incorporated(Verizon Northwest). R3. General Agreement for Joint Use of Wood Poles between WWP(now Avista Utilities)and Pacific Northwest Bell Telephone Company(formerly U.S.West,now Qwest Communications). R4. Master License Agreement. DISTRIBUTION STANDARDS DATE 05/24/04 /IIw_ _ Joint Use Agreements PAGE 1 of 1 ,dr,04 ISTA Util ties New Poles C2004 AVISTA Utilities.All Rights Reserved. SPEC DO-1.461 TV/Telecom Joint use requested by: Cable Company Verizon Qwest Avista Utilities Cost of rearrangement paid by: Renter Party akin request(N7) Cost of pole replacement paid by: Avista Utilities Pole Renter(N11) Verizon(N7) Qwest(N7) Avista Utilities Verizon Pole — Verizon(N9) -- Avista Utilities(N8) Qwest Pole — I — Qwest(N10) Avista Utilities(N7) Bonding Installed at renter's expense NOTES: N1. Each company must obtain its own ROW permits or easements as required. N2. All attachments must comply with Avista Utilities and NESC clearance and separation standards at the time of installation or alternation. N3. The parry wishing to attach to another's pole must notify the pole owner in writing. N4. Cable company must have a signed agreement and signed copy of application before attaching. N5. The pole owner may deny the joint use of any pole due to concerns for capacity, safety, reliability, or engineering considerations. N6. Each pa Ly imust guy and anchor its unbalanced loads. N7. The party requesting joint use must pay the remaining value plus removal less salvage of the existing pole plus the labor cost for installing the new pole plus cost of transferring existing circuits and equipment. N8. Normally,Avista Utilities will pay as in N7 above. If the pole supports an Avista Utilities primary circuit, Avista Utilities will assume ownership of the pole, replace the pole and pay Verizon only the remaining value of the existing pole plus the cost of transferring Verizon facilities. N9. If Avista Utilities has attachments on the Verizon pole,Avista Utilities has the option of replacing and assuming ownership of the new pole. Verizon will pay the labor cost for installing the new pole plus the cost of transferring existing circuits and equipment. If Verizon retains ownership and Avista Utilities does the replacement,Verizon will also pay for the cost of materials for the new pole. N10. Avista Utilities will replace the pole and will assume ownership of the new pole, Qwest will pay as in N7 above. N11. Cable Company is responsible for the cost of any rearrangement or transfer of its cables and equipment. REFERENCES: R1. Community Television Joint Pole Agreement R2. General Agreement for Joint Use of Wood Poles between WWP(now Avista Utilities)and GTE Northwest Incorporated(Verizon Northwest). R3. General Agreement for Joint Use of Wood Poles between WWP(now Avista Utilities)and Pacific Northwest Bell Telephone Company(formerly U.S.West,now Qwest Communications). R4. Master License Agreement, DISTRIBUTION STANDARDS DATE 06/21/04 Joint Use Agreements o'll►VISTA' Utilities Existing Pole Without Joint Use PAGE 1 of 1 C2004AVISTAUtilities. All Rights Reserved. SPEC DO-1.464 TV/Telecom Joint use requested by: Cable Company Verizon Qwest Avista Utilities Pole installed Avista Utilities Avista Utilities Avista Utilities(N8) Avista Utilities Costs Paid by Cable Company Verizon(N5) Cwest (N5) Avista Utilities(N6) Owner of Pole Avista Utilities Avista Utilities I Avista Utilities I Avista Utilities NOTES: N1. Each company must obtain its own ROW permits or easements as required, N2. All attachments must comply with Avista Utilities and NESC clearance and separation standards at the time of installation or alteration. N3. The parry wishing to attach to another's pole must notify in writing. I N4. Each party must guy and anchor its unbalanced loads. N5. When the telephone company requests the interset pole, it will pay to Avista Utilities the labor cost for installing the new pole plus the cost of necessary modifications to adjacent struc- tures plus the cost of attaching existing electric circuits and equipment. N6. When Avista Utilities requests the interset pole, it will pay to the telephone company the cost of attaching existing telephone circuits and equipment. Cable Company will attach at its own expense. N7. When both parties need the interset pole, or it is required by public authority, or property owners, the telephone company will pay to Avista Utilities 1/2 the labor cost for installing the new pole. Each party will attach at its own expense. N8. Avista Utilities has the option of installing and owning poles requested by Qwest. REFERENCES: R1. Community Television Joint Pole Agreement. R2. General Agreement for Joint Use of Wood Poles between WWP(now Avista Utilities)and GTE Northwest-Incorporated(Verizon Northwest). -" - - -- - R3. General Agreement for Joint Use of Wood Poles between WWP(now Avista Utilities)and Pacific Northwest Bell Telephone Company(formerly U.S. West, now Qwest Communica- tions). R4. Master License Aareement. DISTRIBUTION STANDARDS DATE 03/23/04 /ll/� - Joint Use Agreements PAGE 1 of 1 a-Iu VISTA Utilities Interset Poles ®2004AVISTAUtilities.All Rights Reserved. SPEC DO-1.467 TV/Telecom Joint use requested by: Cable Company Verizon Qwest (Cost of replacement paid by: (N7) For Avista Utilities Poles Avista Utilities Avista Utilities Avista Utilities For TV or Telephone Poles(N8) -- --- with electric primary — Avista Utilities(N9) Avista Utilities (N11) without electric primary — Verizon Avista Utilities N11) Location of New Pole(N10) In same hole or immediateiv adiacent NOTES: N1. If a joint use pole must be replaced, repaired,or relocated,all joint users must be notified in writing. Oral notification is permitted in emergencies. N2. If one party does not agree that the change is needed or wishes to discontinue joint use of the pole, the party wanting the change shall become the owner of the pole and be totally responsible for installation,removal and disposal. N3. Renter must rearrange,transfer,or remove within 30 days of written notice. In emergencies,Avista Utilities will make the change at the renter's expense. N4. All attachments must comply with Avista Utilities and NESC clearance and separation standards at the time of installation or alternation. N5. Notices of code or standard violations must be in writing and must be corrected within 30 days. N6. Each party must guy and anchor its unbalanced loads. t N7. Each party is responsible for the cost of transferring its own circuits and equipment. N8. If Avista Utilities wishes to contact a pole originally installed by a cable TV company,Avista Utilities will buy the pole for the installed cost less depreciation. N9. Avista Utilities will become Owner of new pole after replacement. N10. For Verizon, maximum distance from center line of new pole to cable terminal will be 18 inches. For all companies,if agreement cannot be reached on new location,owner can abandon existing pole to the other party or reimburse for costs;no reimbursement is required if replacement is required by public authority or property owner. N11. Avista Utilities may buy the pole from Qwest for the remaining value and then be responsible for replacement. If the pole was damaged by a third party(e.g.car hit pole),Avista Utilities may,at it's option, replace and assume ownership. REFERENCES: R1. Community Television Joint Pole Agreement. R2. General Agreement for Joint Use of Wood Poles between WWP(now Avista Utilities)and GTE Northwest Incorporated(Verizon Northwest). R3. General Agreement for Joint Use of Wood Poles between WWP(now Avista Utilities)and Pacific Northwest Bell Telephone Company(formerly U.S.West,now Qwest Communications). DISTRIBUTION STANDARDS DATE 05/24/04 Joint Use Agreements PAGE 1 of 1 III VISTA` Utilities Pole Maintenance ®2004AVISTA Utilities. All Rights Reserved. SPEC DO-1.470 ELECTRIC SECONDARY RACK COMMUNICATIONS CABLES v NOTES: . N1. Cables attached to Avista Utilities structures must be tagged at the time of installation at each pole and at each duct face. N2. Each tag must include the company's name and a 24-hour emergency number to permit notification by Avista Utilities, police, or fire personnel when the cable has been or is in dange of becoming damaged. N3. Tag color must be Yellow Telephone Companies (e.g. Verizon, Century Tel, Qwest Red Cable TV Companies Orange Commercial Fiber Optic Companies (e.g. Time Warner, XO Communications, Electric Li htwaveColumbia Fiber Solution Green Non-commercial Fiber Optic Attachments (cable owned, operated and used solely by one party who is a school district, bank, credit union, car dealership, etc.) NA The tag material, the lettering and the color must be durable, suitable for outdoor use and resistant to ultraviolet light. N5. A coiled-tension, snap-on tag 7 to 10 inches long is recommended. Do not use "hang-tags." N6. Tags must be replaced when they are damaged or the color or lettering deteriorate enough to inhibit recognition. N7. The messenger must be tagged if the cable will be installed more than 90 days after the messenger is attached. REFERENCES: R1. Tags should be similar to the product offered by Electromark Company, 6188 West Port Bay Road, Wolcott, NY 14590 (315)594-8085. DISTRIBUTION STANDARDS Joint Use DATE 05/24/04 /III _ Cable�4l ISTAW Utilities e Identification PAGE 1 of 1 C2004 AVISTA Utilities; All Rights Reserved. (Tagging) SPEC DO-1.473 NOTES: All telecommunication contractors working in Avista Utilities duct systems or on Avista Utilities poles(jointly defined as structures)must meet the following qualifications before work starts(N 1 through N4). N1. All workers must be knowledgeable in the safe work practices for the State in which they are working,including but not limited to OSHA 29CFR 1910.268;Sections 42 and 43 of the National Electric Safety Code(NESC);and Chapter 296-32 of the Washington Administrative Code(R1). N2. All workers must be trained in first aid/CPR. N3. The contractor must have a written accident prevention program addressing the telecommunications business and including but not limited to: a) confined or enclosed spaces requirements, b) traffic control regulations, c) electrical protective devices and safe work practices, d) proper rigging and setup techniques, e) Hazard Communication Program, f) ladder safety, h) and emergency action plan. N4. The contractor must indemnify and hold Avista Utilities harmless, provide additional insurance and waive its immunity under the Industrial Insurance Act(RCW 51). N5. Material Safety Data Sheets(MSDS)must be readily available for the materials that the workmen are using. N6. A standby person is required on the street surface whenever a person is in an Avista Utilities vault or manhole. N7. The contractor must provide traffic control. N8. At the request of Avista Utilities a pre-job safety conference may be held prior to each project with participation by contractor's employees and Avista Utilities representatives. Written minutes with lists of attendees shall be taken and copied to both companies. N9. The electrical hazard training should include but not be limited to: a) touch and step potential hazards, b) procedures for insulating a person from electrical conductors, c) types of clothing to reduce burns in case of electrical arcs, d) proper eye and face protection, e) number of workmen required for safe working conditions, f) where and when to use electrical protective equipment, g)_ procedures for working_in_damp-or-wet_locations-neanelectr-ical-equipment,- -- - - h) proper use and inspection of electrical test equipment, i) and applicable minimum working clearances from electric supply cable and conductors based on federal or state requirements. REFERENCES: R1. WAC 296-32-230(Training)&OSHA 29CFR 1910.268(C) DISTRIBUTION STANDARDS Guidelines for DATE 06/25/04 /II/ Telecommunications PAGE 1 of 1 I'll/V'�STAe Utl�%tlGS Contractor Qualifications 02004AVISTAUtllltles. All Rights Reserved. SPEC DO-1.476 Wired Or Wireless, Inc. Exhibit C EXHIBIT C Computation of Rate per Attachment for Telecommunication Attachments on Avista Utilities poles In the State of Idaho for contact year 2023 tDAHO ITEM DES RIPTI t+ -- -- 9CJURC F AUOUNT S B OTAI. TOTAL USE FACTOR A SPACE OCCUPIED BY AT.TACIIf.1EN` FCC 1 B TOTAL USABLE SPACE UTC 12.0 C AVERAGE POLE HEIGHT UTC 37.5 D AVERAGE NUMBER OF ATTACHERS UATA4AL <.0 E USE FACTOR -(C-B l3ycz 0 253 DEPRECIATION EXPENSE F DEPRECIATION CARRYING CHARGE DATAiA;,, 2 G5G0% G GROSS TO NET INVESTMENT RATIO DATA(AS) 1,820 H DEPRECIATION EXPENSE FxG �.80f4 ADMINISTRATIVE AND GENERAL EXPENSE I TOTAL APPLICABLE AdG DATA(ZI 128.535,008 J NET APPLICABLE PLANT DATAM 2,659,622,632 K ADJAIN CARRYING CHARGE U.1 MAINTENA,NCE EXPENSE L TOTAL APPLICABLE MAINTENANCE DATA(AT) 10.451.684 M NET DIST PLANT IN STATE DATW, 212,629,854 N IMAINT CARRYING CHARGE UM 4.92 ti NORMALIZED TAXES C TOTAL ALLOCATED TAXES DATA(AD 65,t66.972 P NET ELECTRIC PLANT DATA(V) 2,669,622.632 O TAX CARRYING CHARGE DIP 2.457a RATE OF?=TURN R ROR CARRYING CHARGE ?JTC 7.91% S TOTAL CARRYING CHARGE F-K•N+G•R 2499% NET INVESTMENT PER BARE POLE T NET INVESTMENT IN POLES DATA(X) 10C.549,833 U RATIO FOR BARE POLE FCC 0.85 V NUMBER OF POLES DATA(AK) 78,8t0 V7 NET INVESTMENT PER BARE PCCE T^U.N 111271 X 2V3 CALCULATED RATE PER POLE ATTACHMENT E"S W $70.44 Y 2023 BILLING RATE PER POLE ATTACHMENT $70.44 Jesse y sgned by Jane Bwer Source of Data is FERC Form 1 Baled 12/31R Butler Date:2023.05.14 07.1J46 Prepared By: -0 Title: Jotnt Use Manager Dale: June 9,2023 Spocr, eccupi� 2 + (kv, v Avg Yo1e — - z � v�tr�-NE.Rs .� (37. �T 375 7C vs� F�,cTaR- k T�-iaL C�L¢g,�t� C'�'S�R-CsE x 1�V p�'Fol� 11 i2.-7 t L7o.Li-7,7 42_ Wired Or Wireless, Inc. Exhibit D EXHIBIT B Computation of Rate per Attachment for Telecommunication Attachments on Avista Utilities poles In tha State of Idaho for contact year 2023 1DAH0 ITEM IDESCRIPTION SOURCE AMOUNT ISUSTOTAL TOTA USE FACTOR A SPACE OCCUPIED BY ATTACHMENT FCC 1 B TOTAL USABLE SPACE UTC 12.0 C AVERAGE POLE HEIGHT UTC 37.5 D AVERAGE NUMBER OF ATTACHERS DATA AL) 2.0 E USE FACTOR AIC+(C-B) 2J3)!C!D 0.253 DEPRECIATION EXPENSE F DEPRECIATION CARRYING CHARGE DATA(AA) 2.69ao% G GROSS TO NET INVESTMENT RATIO DATA(AB) 1.820 H DEPRECIATION EXPENSE FxG ADMINISTRATIVE AND GENERAL EXPENSE I TOTAL APPLICABLE A&G DATA(L) 128,535,008 J NET APPLICABLE PLANT DATA(V) 2,669,622.632 K ADMIN CARRYING CHARGE I/J 4.81% MAINTENANCE EXPENSE L TOTAL APPLICABLE MAINTENANCE DATA(AJ) 10.451.684 M NET DIST PLANT IN STATE DATA(Y) 212,629,a54 N MAWT CARRYING CHARGE UM 4.92:6 NORMALIZED TAXES O OT AL ALLOCATED TAXES DATA(AQ 65,466.972 P NET ELECTRIC PLANT DATA(V) 2,669.622,632 Q TAX CARRYING CHARGE 01P 2.45 RATE OF RETURN R IROR CARRYING CHARGE UTC 7 91% S TOTAL CARRYING CHARGE F+K+N+Q+R 1 24.99 4: NET INVESTMENT PER BARE POLE T NET INVESTMENT IN POLES DATA(X) 1GO.549.833 U RATIO FOR BARE POLE FCC 0.85 V NUMBER OF POLES DATA(AK) 78,810 W NET ESTMENT PER BARE POLE T'LlA 1112.71 X 2023 CALCULATED RATE PER POLE ATTACHMENT E'S'W S70.44 Y 2023 BILLING RATE PER POLE ATTACHMENT $70.44 Digitally signed by Jesse Butler Source of Data is FERC Form 1 dated 12J31M Jesse B utl e r D r 2023.06.14 07:58:46 Prepared By: Title: Joint Use Manager Date: June 9,2023