20250828EX 8 E-Mail Correspondence Re Stop Work Notification for Wired or Wireless Inc Air-Pipe.PDF

Exhibit 8
E-Mail Correspondence Re Stop Work
Notification for Wired or Wireless Inc. Air-
Pipe

Subject: RE: [External] RE: Stop Work Notification for Wired or Wireless Inc./AIR-PIPE
From: Meredith, Scott
Sent: Monday,April 10, 2023 10:53 AM
To:William Geibel Jr<[e-mail]>; Bill Geibel <[e-mail]>
Cc: Butler,Jesse<[e-mail]>;Anderson, Bill <[e-mail]>; Matthew Bender
<[e-mail]>
Subject: RE: [External] RE: Stop Work Notification for Wired or Wireless Inc./AIR-PIPE
Bill,
Bill Anderson is in the field today surveying the Hope peninsula and surrounding area to identify any safety, NESC, or
standards issues (as well as anything else of concern he sees). Once he is finished, we'll review his findings and arrange
some kind of meeting or call to discuss.
Thanks,
Scott Meredith
Team Lead I Joint Use Department
1411 E MISSION AVE MSC-46 I SPOKANE,WA 99202
PHONE [phone] CELL 509-202-2166
www.myavista.com
TYPICAL WORK WEEK:
In office-Tuesday&Thursday 7am-3:30pm
Working offsite-Monday,Wednesday,Friday 7am-3:30pm
llw
�u1 ISTA
From: William Geibel Jr<[e-mail]>
Sent: Monday,April 10, 2023 10:24 AM
To: Meredith, Scott<Scott.Meredith @avistacorp.com>; Bill Geibel <[e-mail]>
Cc: Butler,Jesse<Jesse.Butler@avista corp.com>;Anderson, Bill <[e-mail]>; Matthew Bender
<[e-mail]>
Subject: RE: [External] RE: Stop Work Notification for Wired or Wireless Inc./AIR-PIPE
Scott,
When can you meet us at the work site to review and settle your concerns so that we can continue with our work?
Thanks,
Bill, Jr.
i

William B. Geibel, Jr.
President
Wired or Wireless, Inc.
17813 E Appleway Avenue
Spokane Valley, WA 99016
Tel: [phone]
Fax: [phone]
Mobile: [phone]
[e-mail]
www.wow-tel.com
From: Meredith, Scott<Scott.Meredith @avistacorp.com>
Sent: Monday,April 10, 2023 9:50 AM
To: William Geibel Jr<[e-mail]>; Bill Geibel <[e-mail]>
Cc: Butler,Jesse<[e-mail]>;Anderson, Bill <[e-mail]>; Matthew Bender
<[e-mail]>
Subject: RE: [External] RE: Stop Work Notification for Wired or Wireless Inc./AIR-PIPE
Bill,
We acknowledge your interpretation of what you are doing, but the concerns we have remain.The construction activity
WOW has undertaken has occurred outside our permitting and engineering review process and without coordination,
and we are taking this opportunity to assess what has occurred here.
Ultimately,these are Avista owned structures and we will determine, in our sole judgement,whether we feel the
upgrades you've undertaken meet our standards, NESC code, etc. and will advise you of what we find.
Thanks,
Scott Meredith
Team Lead I Joint Use Department
1411 E MISSION AVE MSC-46 I SPOKANE,WA 99202
PHONE [phone] CELL 509-202-2166
www.myavista.com
TYPICAL WORK WEEK:
In office-Tuesday&Thursday 7am-3:30pm
Working offsite-Monday,Wednesday,Friday 7am-3:30pm
2

From:William Geibel Jr<[e-mail]>
Sent: Monday,April 10, 2023 9:18 AM
To: Meredith, Scott<Scott.Meredith @avistacorp.com>; Bill Geibel <[e-mail]>
Cc: Butler,Jesse<[e-mail]>;Anderson, Bill <[e-mail]>; Matthew Bender
<[e-mail]>
Subject: RE: [External] RE: Stop Work Notification for Wired or Wireless Inc./AIR-PIPE
Scott,
Let me point out that Wired or Wireless has made no new attachments or route changes. We are simply replacing a
cable that is lashed to our strand with another cable in the same route and location. The new cable is smaller and
lighter than what we are removing. There is no negative impact to the pole system. In fact there is a resulting positive
impact. We have occasionally completed a pole transfer or reattached a strand where it was left in temporary condition
by your crews or others from maintenance or storm damage. We repaired down guys and grounding and repaired
damaged lashing as we go along. We have tensioned or slacked strand to provide proper clearance where it was found
out of specification. We contacted you at this time because we are applying for/proposing a route change in a couple
locations. I hope we can resolve your concerns as soon as possible. I can not have my crews static.
Thanks,
Bill, Jr.
William B. Geibel, Jr.
President
Wired or Wireless, Inc.
17813 E Appleway Avenue
Spokane Valley, WA 99016
Tel: [phone]
Fax: [phone]
Mobile: [phone]
[e-mail]
www.wow-tel.com
From: Meredith, Scott<Scott.Meredith @avistacorp.com>
Sent: Monday,April 10, 2023 8:09 AM
To: William Geibel Jr<[e-mail]>; Bill Geibel <[e-mail]>
Cc: Butler,Jesse<[e-mail]>;Anderson, Bill <[e-mail]>; Matthew Bender
<[e-mail]>
Subject: RE: [External] RE: Stop Work Notification for Wired or Wireless Inc./AIR-PIPE
Bill,
We will reach out as soon as we have a clear picture of the extent and condition of the new fiber that has been placed
already.
3

It's up to Avista to determine what constitutes an improvement to our own system,which is why we require an
engineering review of planned 3rd party activity on our structures.The purpose of the application process is to allow
Avista the opportunity to get in front of these safety and code issues prior to the facilities being accessed.
I hope we will find a fully code-compliant and "improved" build in the field, but it's up to Avista to ensure that
compliance.As we never had the chance to review any engineered plans, we need to do that now before any other work
continues.
In the meantime, Wired or Wireless Inc./AIR-PIPE must stop all work in the north Idaho area immediately until such time
as we can establish the status and condition of your attachments to Avista poles, on the grounds of safety and operation
concerns.
Thank you,
Scott Meredith
Team Lead I Joint Use Department
1411 E MISSION AVE MSC-46 I SPOKANE,WA 99202
PHONE [phone] I CELL 509-202-2166
www.myavista.com
TYPICAL WORK WEEK:
In office-Tuesday&Thursday 7am-3:30pm
Working offsite-Monday,Wednesday,Friday 7am-3:30pm
'AIIN _
�11/V STA
From:William Geibel Jr<[e-mail]>
Sent:Thursday,April 6, 2023 3:30 PM
To: Meredith, Scott<Scott.Meredith @avistacorp.com>; Bill Geibel <[e-mail]>
Cc: Butler,Jesse<[e-mail]>;Anderson, Bill <[e-mail]>; Matthew Bender
<[e-mail]>
Subject: [External] RE: Stop Work Notification for Wired or Wireless Inc./AIR-PIPE
IYou don't often get email from [e-mail]. Learn why this is important
I don't believe that Wired or Wireless has violated any of our agreements or guidelines with Avista. We have been doing
like for like replacement and maintenance and have repaired and maintained our plant and if anything are improving it's
compliance with your rules and regulations. I would appreciate a confirmation of this Email and further discussion on
this subject.
Thanks,
Bill, Jr.
William B. Geibel, Jr.
President
4

Wired or Wireless, Inc.
17813 E Appleway Avenue
Spokane Valley, WA 99016
Tel: [phone]
Fax: [phone]
Mobile: [phone]
[e-mail]
www.wow-tel.com
From: Meredith, Scott<Scott.Meredith @avistacorp.com>
Sent:Thursday,April 6, 2023 3:15 PM
To: William Geibel Jr<[e-mail]>; Bill Geibel <[e-mail]>
Cc: Butler,Jesse<[e-mail]>;Anderson, Bill <[e-mail]>
Subject: Stop Work Notification for Wired or Wireless Inc./AIR-PIPE
Importance: High
William,
This message is to formally notify you that Wired or Wireless Inc./AIR-PIPE must stop all work in the north Idaho area
immediately until such time as we can establish the status and condition of your attachments to Avista poles, on the
grounds of safety and operation concerns.All Avista-owned structures carrying Wired or Wireless Inc./AIR-PIPE cables
and/or attachments are considered a prohibited area until further notice. Continuing work on cables and attachments to
Avista structures prior to approval may be grounds for termination of the agreement.
Many of the points of discussion during our call today are clearly outlined in the Joint Use Master License Agreement.
Below are a few excerpts from that agreement that I am including as a reminder of the coordination required by WoW
while utilizing Avista poles.
2. Right to Refuse Use or to Grant Use to Third Parties
• 2. Right to Refuse Use or to Grant Use to Third Parties
0 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.
0 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: Operating Rules
• 2.2. Application Procedure
o 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.
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• 2.7. Maintenance of Communication Facilities and Structures
o a. Licensee shall coordinate maintenance activity with Licensor in order to minimize interruption and
interference with Licensor's electrical operations.
o 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 Administrative Code.
• 2.8.Transfer, Relocate, Replace, or Remove Communication Facilities
o 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.
Sincerely,
Scott Meredith
Team Lead I Joint Use Department
1411 E MISSION AVE MSC-46 I SPOKANE,WA 99202
PHONE [phone] CELL 509-202-2166
www.myavista.com
TYPICAL WORK WEEK:
In office-Tuesday&Thursday 7am-3:30pm
Working offsite-Monday,Wednesday,Friday 7am-3:30pm
III VISTA
C
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