HomeMy WebLinkAbout20250828EX 6 October 2023 WOW E-Mail Correspondence.pdf Exhibit 6
October 2023 WOW E-Mail
Correspondence
a
From:Butler,Jesse
Sent:Monday,November 6,2023 12:15 PM
To:Air-pipe/Wired or Wireless<billjr@wow-tel.com>
Cc:Bill Geibel<bi11@wow-tel.com>;Malensky,Vern<Vern.Malensky@avistacorp.com>
Subject:FW:[External]Wow information regarding pole replacement on Cedar In,hope ID.Avista permit#2023-433
Hello Bill,
I'm sorry that you feel like you are being targeted by me or Avista. I'm also sorry that you feel like we have not been communicating with you.I am well aware of the emails
back and forth between WOW and Bill Anderson. From what I can see Bill Anderson has been fair and professional. Our job is to be fair and non-discriminatory as well as make
sure our facilities are safe and NESC compliant. We are required to allow licensees on our poles if they are willing to follow the rules and pay for the required make ready. I've
discussed this scenario with our legal team as well as upper management at Avista. I am more than willing to meet in person as well,but our position is the same as Bill
Anderson outlined in previous emails. You have a couple choices:
• If you want to sign off on the make ready costs we can do the make ready work and resolve the violations on the Hope Peninsula,approve the project,and you can move
forward with your work.
• You can choose not to sign off on the make ready and not proceed with this work,and we will cancel the application.As there are still a number of violations and
corrections needed on the Hope Peninsula that were a result of WOW operating without Avista permits prior to this application,we'll escalate this internally to determine
how to resolve those issues.
Please let me know how you would like to proceed.
Jesse Butler
MANAGER I JOINT USE
1411 E MISSION AVE I MSC-46 I SPOKANE,WA 99202
PHONE 208-786-6930
www.Mavista.com
llw
�IIIVISTA°
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From:William Geibel Jr
Sent:Wednesday,October 25,2023 7:25 PM
To:Mark Gustafson<markg@avistaedge.com>
Cc:Matthew Bender<mbender@wow-tel.com>;Bill Geibel<bill@wow-tel.com>
Subject:FW:[External]Wow information regarding pole replacement on Cedar In,hope ID.Avista permit#2023-433
Importance:High
Mark,
I am sorry that what follows is a long and somewhat jumbled Email,but I could really use your help. We have been working with Avista joint use for many years. We bought the
Cable TV systems in Hope and Clark Fork Idaho from Panhandle State Bank because the previous owner went bankrupt. As you might imagine,these systems were in very poor
condition,many pole transfers were not completed and lashing wire was loose or missing and disrepair was all over. We spent about 10 years slowly rebuilding and maintaining
the plant to keep Internet service available to the residents there. We never provided Cable Television service as there was no money in it.
In your joint use department,we started with Frank Meland. Frank was clear;he didn't want anyone else on Avista poles if it was up to him. However,he was tough but fair.
Later Steve Schulte took over. Steve was very good to work with. We had to follow the rules,but communication was good,and work progressed with bi-directional
communication and cooperation. The condition of the plant improved,and we began to look at how to upgrade the plant for the higher Internet speeds we needed to deliver.
In 2018 or 2019 we began a project to over lash our coaxial plant with Fiber GPON and eventually remove the coaxial plant. We planned to do this with the entire system but
decided to start with the Hope Peninsula. We met with Steve several times and began the design and application process. We decided to do the design and application process
in house because the cost to hire it out exceeded the cost to do the work. We had to keep the costs low to make this work feasible. Steve was very helpful. Once we got the
first couple miles approved,we began the construction work.
This was going well and then there was a big windstorm that took out much of the plant and lines throughout the Hope Pennisula. It fortunately didn't affect the section we
were actively working on,but it pretty much took out the rest of the system throughout the Hope Peninsula. We pieced together the coax sections down Peninsula Road,but
the coax sections down Red Fir and behind the Campgrounds were destroyed. Avista detached our strand from the poles and left it buried under the downed trees but left the
attachment points on the poles and put new attachment points in the poles they replaced. The coax was too badly damaged and would have to be replaced. While discussing
the situation with Steve about what to do with the damage,Steve suggested we just hang our fiber on Red Fir and beyond. Steve told us that it was"maintenance"and we
were replacing"like for like". This sounded very reasonable to us. If we saw a safety issue along the way,we communicated with Steve or the people in the field. We did not
change a single attachment point or route without coordination and approval with Avista. We were simply repairing the storm damage,but instead of rehanging coax,we hung
fiber. We continued this work and things were progressing well.
As we came around to the Peninsula Road where we had pieced our coax together,we found many poles were changed,maintenance work and new construction had been
completed by Avista,and we had no communication from Avista. We would just find our cable hanging by a rope or J-hook from a new pole,or new transformers installed with
drip loops hanging far below the neutral,too close to our line. We tried to contact Steve Schulte and coordinate with people in the field as before. We had no idea that Steve
Schulte had moved on. Then Bill Anderson shows up one day,we get in an endless Email thread with him,and Jesse Butler and all work virtually stops. We learned that Jesse
Butler took over. We have rarely communicated directly with him. Communication with field personnel virtually stopped.Now Jesse Butler,through Bill Anderson is sending us
nasty Emails that we were violating all these rules,and our plant was not in compliance with standards.We had not changed things. Our plant is on the same strand and
attachment points to poles that it was always on unless Avista replaced a pole or made a change and did the work to change it. In fact,we were still working to clean up the
messes left by all the storm damage,some that got damaged by more than one storm as we worked to get caught up.
Right now we are trying to complete work originally approved by Steve Schulte in 2019 or 2020. We originally over lashed fiber to upgrade part of our plant on the Hope
Peninsula. It was always our intention to go back and remove the coax when sufficient work was completed. Now we are at an impasse because we want to remove the coax.
We are not asking to change attachment points or alter the plant in any way. There has since been damage on the lines(your power)due to tree falls. With the repairs,the
neutral line has been slacked more than it used to be. This creates clearance problems to the road below. Please see the lengthy Email thread below and call me to discuss.
This is just part of the story and what I mentioned above.
We are a small business as you know and can't afford to work with Avista in this way. This must stop,or we will have to abandon Hope and Clark Fork and any other projects
involving Avista joint use. This seems to be what Jesse Butler wants. We feel he is intentionally targeting us,and we don't know why. Our intentions have always been good.
We feel we are being treated unfairly and there must be a middle ground we can agree to.
Thanks,
Bill,Jr.
William B.Geibel,Jr.
President
Wired or Wireless,Inc.
17813 E Appleway Avenue
Spokane Valley,WA 99016
Tel:509-892-5877
Fax:509-892-5876
Mobile:509-342-1421
billjr@wow-tel.com
www.wow-tel.com
From:Anderson,Bill<Bill.Anderson2@avistacorp.com>
Sent:Wednesday,October 25,2023 4:09 PM
To:Matthew Bender<mbender@,wow-tel.com>
Cc:Butler,Jesse<Jesse.Butler0avistacorp.com>;Meredith,Scott<Scott Me red ith@avistacorp.com>;William Geibel Jr<billjr@wow-tel.com>;Anderson,Bill
<Bill.Anderson2@avistacorp.com>
Subject:RE:[External]Wow information regarding pole replacement on Cedar In,hope ID.Avista permit#2023-433
Mathew,
I am sorry that you feel I have been"unprofessional"in my dealings with WOW.I am merely doing my job and calling out the make ready as needed per Avista standards and
the NESC.Continued debate over our standards and the NESC is not productive as our position on the corrections needed has not changed.I appreciate your concerns and your
desire to understand why these make ready items are necessary and have attempted to make clear why the make ready work is needed.Ultimately,this work does need to be
completed to ensure safe access to our structures here.Working with my management,I have established two choices we can take from here:
• If you want to sign off on the make ready costs we can do the make ready work and resolve the violations on the Hope Peninsula,approve the project,and you can move
forward with your work.
• You can choose not to sign off on the make ready and not proceed with this work,and we will cancel the application.As there are still a number of violations and
corrections needed on the Hope Peninsula that were a result of WOW operating without Avista permits prior to this application,we'll escalate this internally to determine
how to resolve those issues.
Please let me know which of the two choices above WOW wants to pursue by the end of next week(November 3rd)and we will proceed accordingly.
Thank you,
Bill Anderson, Customer Project Coordinator
1411 E Mission Ave MSC-46, Spokane, WA, 99202
C 509-879-2085 Email:bill.anderson2@avistacorp.com
www.myivista.com
From:Matthew Bender<mbender@wow-tel.com>
Sent:Wednesday,October 11,2023 10:40 AM
To:Anderson,Bill<Bill.Anderson2eavistacorp.com>
Cc:Butler,Jesse<Jesse.Butler@avistacorp.com>;Meredith,Scott<Scott.Meredithl@avistacorp.com>;Air-pipe/Wired or Wireless<billjr@,wow-tel.com>
Subject:RE:[External]Wow information regarding pole replacement on Cedar In,hope ID.Avista permit#2023-433
From:Anderson,Bill<Bill.Anderson2Ca avistacorp.com>
Sent:Monday,October 2,2023 10:49 AM
To:Matthew Bender<mbender@wow-tel.com>
Cc:Butler,Jesse<Jesse.Butler@avistacorp.com>;Meredith,Scott<Scott.Meredithl@avistacorp.com>;William Geibel Jr<billjr@wow-tel.com>;Anderson,Bill
<Bill.Anderson2(cDavistacorp.com>
Subject:RE:[External]Wow information regarding pole replacement on Cedar In,hope ID.Avista permit#2023-433
Matt,
For page 1&2 1 really have no comment as I already knew there was a midspan to ground-clearance issue.
This is simply additional information pertaining to the midspan clearance and showing that WOW has sufficient midspan clearance to the road in all but one spot where we are
1"short following the installation of new road material earlier in the spring of 2023,we could easily raise our line to allow 15'6"if Avista's neutral were not lower than it
previously was,see notes for page 3 below. Fat beam who came through after us has significant clearance issues however.
Page 3-Yes,we could raise/resag our neutral but the added tension from cranking up our conductor,along with the wow and Fatbeam conductors,would be too much to ask of
a 40-4 pole that was placed in 1953.Also,I didn't call for wow or Fatbeam HOA adjustments at#160336.1 called for Avista to raise the secondary drip loop.
The neutral was already higher as shown in this image from 2019(see attached photo).There have been 3 strand splices and additional conductor added between 160333 and
160336 since the latter's replacement causing it to sag lower. The reason it appears that there is insufficient clearance between the Neutral and WOW in this photo is this
pole,160336,was replaced and WOWS lines were left hanging by Avista on a lag bolt much higher than their actual HOA. There were no previous midspan clearance issues the
first time this was submitted and approved by Scott Meredith on OCT 15,2019.(see attached for prior approval) As also shown on the approved drawings,there was sufficient
clearance for us to lower our HOA at 160336 to 27'1"and "re-sag"as directed by Scott Meredith without compromising the integrity of the pole. WOW is seeking approval now
to remove coaxial cable from the poles,thereby reducing the weight on the strand by nearly 50 lbs. We already have approval from Avista to leave the coax on the poles as is,
we are just trying to cleanup the lines which would seem to be mutually beneficial(see attached Approved job print 2019-425). 1 did not say that you called for HOA
adjustments,just that it would appear none would be necessary if the neutral were to be raised back up(at least to its previous height which had no clearance issues according
to our original approved drawings,2019-425.)
IF
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• • • •• • • • • • • • • • • • • • •• • •
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Page 5-This picture of the metal tape measure touching secondary and wow actually indicates around 38.5 inches which is a violation(you need to try to remember to include
the metal washer above the wow cable).
Since the Joint use manual specifically states to measure to the top of the communication cable,that is what we have been measuring to. The diagrams in the joint use manual
also illustrate measuring to the top of the communications cable. The 2023 NESC manual section230 A.3 says measure center to center unless otherwise stated,and to only
include hardware when it is energized or supporting communication line conductors. Line conductors are defined in Section 2 as"a wire or cable intended to carry electric
currents..."since we are attempting to have only non conductive optical fiber,they would not be considered line conductors and measurements should be taken center to
center,except that it is otherwise stated in the Avista joint use manual,so measurements were taken top of the comms cable. If this information is incorrect,I would appreciate
a reference to exactly where measurements should be taken.
Joint Use Vertical Clearance •
at
Construction N1. Communication attachments must meet all separation requirements for
Notes the voltage involved. A minimum separation of 40 inches must be
maintained between the bottom of the secondary supply space and the top
of the communication cable.
N2. between the cross arm and the com meet
should be no less a ua a space for future utility
equipment.Any variance in this clearance must be approved by the Avista
distribution standards department.
N3. Luminaires and traffic signal brackets are the only exceptions to the
communication worker safety zone requirement of the NESC(See
Streetlight Exception Illustration).
N4. Attachment height greater than listed above must be approved by Avista c
Utilities Joint Use Administrator prior to attachment.For agreements on / �
40ft poles.see DO-1.461(R10)- O -��`
N5. The horizontal clearance between the user conduit and communication
cables and hardware must be at least 2 inches(R3).
Z
N6. All vertical clearances at the support are span length dependent(R7).
O
References R1. NESC 235C2b(1).Table 235-5.
R2. NESC 238C.D and E- ?
RT NESC 239F and G-
Z
R4. NESC 236D-1- o N Z -
R5. Refer to DO-1.401 for Joint Use General Requirements.
R6. Refer to DO-1.405 for Joint Use Banner Attachment Guideline.
R7. Refer to DO-1.410 for Joint Use Vertical Clearance at Mdspan. o 0 0
R8. Refer to DO-1.422 for Joint Use Climbing Space.
R9. Refer to DO-1.444 for Joint Use AntennalRadro Mounting Requirements.
R10- Refer to DO-1.461 for Joint Use Agreements New Poles. o
Page 6-Pretty much the same type of incorrect reading of the metal tape measure.Also,fyi a fiberglass arm wouldn't help here for vertical clearance.
See above for the discrepancy in where and how measurements are instructed to be made.
Could you please explain why an arm moving WOWs conductor wont help the clearance?Are they not permitted to be used like this,if not, where would the uses permitted be
listed. My thought here was to gain clearance from the lower set of secondary conductors without requiring anything else to move. Is the measurement not taken in a straight
line from point a to point b. If not,how is it masured.
M
r
Page 7-Again incorrect reading.
Measurements were taken according to Avista joint use manual as show above.
Page 8-Yes,we could tuck that up a bit.Still doesn't help the midspan clearance issue.
It would not help midspan,it would however eliminate the only clearance issue at pole 160333,allowing the midspan clearance to be addressed separately with line tension.
Page 9-My redlined print?
The bottom line here is that as the pole owner,we at Avista are responsible for keeping up with NESC safety standards in order to keep ALL utility workers safe as well as the
general public.The pole that I am calling to have replaced would be just fine without the communications cables(ALL of the NESC safety violations at this location exist because
there are joint users attached).This does not mean that joint use attachments are wrong or bad or anything like that.It just means that sometimes the cost of upgrading
infrastructure to accommodate the joint users will need to be passed on to the joint user(if they want to attach or remain attached to our poles). I would hope that you would
understand that given your vast power and utility knowledge.Please let me know if you would like to proceed with the Avista makeready or cancel the application.
Have a great day!
Wow has been attempting to install a fiber network on the peninsula for years now. We submitted a design in 2019 that allowed us to overlash coax cable with fiber from the
headend near the Sam Owen fire station,to pole#311379 near the intersection of Peninsula dr.and Red Fir rd. That Plan was approved by Avista on Oct 15,2019(job 2019-
425). After that time,we had a verbal agreement(which we are aware are no longer valid)that we would come back through and remove the coax and clean up the lines. The
original approved project however did not have the coax removal included in it. The pole that you are calling for to be replaced was already approved for us to overlash fiber,
and was installed consistent with the drawings,all make ready work was completed and the fiber was installed while complying with all nesc clearances. That was the end of
that phase,no more work required. Events occurring after our completed installation had damaged Avista's lines,the emergency repairs made caused the midspan nesc
violations. The neutral was spliced back together and is now considerably longer and lower than it was when the plan was approved(as can be seen in the above photo).
The coax on the poles on cedar In are still utilized by one customer but we planned to put them on fiber after this process is completed,if the coax removal is not completed,
the line will remain in service. What we are asking to do is to remove lines from the poles on Cedar lane,not because we have to,but to clean up the plant and help maintain
the safety of everyone. If the only option to remove coax from the poles is for us to purchase a new pole for$8,000 then we will just not do the work and leave it in its current
approved state. No work that WOW performed caused any nesc violations. Avista's emergency repair caused the midspan clearance issue.
The way that Avista handles joint use has obviously changed. We have since been attempting to follow the process the way it is being implemented now which has proved to be
difficult but I believe we are getting it figured out. My understanding of the process has greatly improved,but I still will have questions. I would hope in the future that
legitimate questions about the process could be answered in a professional manner. I am trying to establish a good,cooperative relationship with Avista but so far that has not
been reciprocated.
From:Anderson,Bill<Bill.Anderson2@avistacorp.com>
Sent:Monday,October 2,2023 10:49 AM
To:Matthew Bender<mbender@wow-tel.com>
Cc:Butler,Jesse<Jesse.Butler(o)avistacorp.com>;Meredith,Scott<Scott.Meredith()a avistacorp.com>;William Geibel Jr<billjr@wow-tel.com>;Anderson,Bill
<Bill.Anderson2l avistacorp.com>
Subject:RE:[External]Wow information regarding pole replacement on Cedar In,hope ID.Avista permit#2023-433
Matt,
For page 1&2 1 really have no comment as I already knew there was a midspan to ground-clearance issue.
Page 3-Yes,we could raise/resag our neutral but the added tension from cranking up our conductor,along with the wow and Fatbeam conductors,would be too much to ask of
a 40-4 pole that was placed in 1953.Also,I didn't call for wow or Fatbeam HOA adjustments at#160336.1 called for Avista to raise the secondary drip loop.
Page 4-It is not only neutral and wow that we are looking at here.Did you not see the secondary sagged below everything in the midspan?Or the secondary on the pole?Or
the secondary drip loop hanging way down?
Page 5-This picture of the metal tape measure touching secondary and wow actually indicates around 38.5 inches which is a violation(you need to try to remember to include
the metal washer above the wow cable).
Page 6-Pretty much the same type of incorrect reading of the metal tape measure.Also,fyi a fiberglass arm wouldn't help here for vertical clearance.
Page 7-Again incorrect reading.
Page 8-Yes,we could tuck that up a bit.Still doesn't help the midspan clearance issue.
Page 9-My redlined print?
The bottom line here is that as the pole owner,we at Avista are responsible for keeping up with NESC safety standards in order to keep ALL utility workers safe as well as the
general public.The pole that I am calling to have replaced would be just fine without the communications cables(ALL of the NESC safety violations at this location exist because
there are joint users attached).This does not mean that joint use attachments are wrong or bad or anything like that.It just means that sometimes the cost of upgrading
infrastructure to accommodate the joint users will need to be passed on to the joint user(if they want to attach or remain attached to our poles). I would hope that you would
understand that given your vast power and utility knowledge.Please let me know if you would like to proceed with the Avista makeready or cancel the application.
Have a great day!
Thank you,
Bill Anderson, Customer Project Coordinator
1411 E Mission Ave MSC-46, Spokane, WA, 99202
C 509-879-2085 Email:bill.anderson2@avistacorp.com
www.myLvista.com
From:Matthew Bender<mbender(awow-tel.com>
Sent:Monday,October 2,2023 8:52 AM
To:Anderson,Bill<Bill.Anderson2@avistacorp.com>
Cc:Butler,Jesse<Jesse.Butler@avistacorp.com>;Meredith,Scott<Scott.Meredithpavistacorp.com>;Air-pipe/Wired or Wireless<billjr@wow-tel.com>
Subject:[External]Wow information regarding pole replacement on Cedar In,hope ID.Avista permit#2023-433
Attached is a pdf with all the details pertaining to the pole replacement on cedar In in hope.
Page 1 shows the relevant portion of cedar In between pole 160333 and 160336. Each small circle with a number in it is a location/station where I measured Fatbeam,WOW
and Avista neutral.
Page 2 shows the same information as page 1 without the map imagery. Also included on page 2 is a table with all the data from each measurement station as well as the
distance between WOW and the neutral.
Page 3 is a picture of the VERY large sag in the neutral. There would appear to be more than enough room to raise the neutral since the phase conductor has significantly less
sag in it,I don't see why the neutral cant be tensioned similarly.
Page 4 shows the wow to neutral clearance at 160333
Page 5 shows WOW to the first(larger)set of secondary conductors in a drip loop.
Page 6 shows WOW to the second(smaller)set of secondary conductors in a drip loop.
Page 7 shows me applying slight pressure with my tape measure to the smaller conductors demonstrating sufficient slack to allow 40"clearance from WOW.
Page 8 shows the available room to adjust the smaller conductors to achieve the 40"of required space.
Page 9 shows the redline info pertaining to this issue.
I fail to see how the only solution in this situation is a pole replacement. No HOA adjustments at either pole should be necessary,only avista re-tensioning the neutral to allow
<40"LOS due to a span of>350'there is much less sag in the phase conductor than the neutral which would indicate the pole is sufficient to support more tension on the
neutral. We could then re-tension our strand to raise it to a sufficient height for Midspan clearance even if we were to lower our HOA at 160333. Or avista could simply adjust
the conductors in the smaller drip loop to achieve 40",or we could use a 12"fiberglass standoff to gain the 40"from the lower drip loop. I see no reason a new pole would be
necessary in any scenario.
Matt Bender
Outside Plant Construction Manager
Wired or Wireless,Inc.
Phone:(509)892-5877 Toll Free(866)969-8351 wow
www.wow-tel.com
WIRCD OR WIR[L[f B. ENO.
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