20020801ICTA Response.pdf

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Ronald L. Williams ISB # 3034
1015 West Hayes Street
O. Box 2128
Boise, Idaho 83701-1145
Telephone: [phone]
Facsimile: [phone]
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UTILITIES COt"H'11SSIOH
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Attprney for the Idaho Cable Telecommunications Association
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION
BY THE IDAHO PUBLIC UTILITIES
COMMISSION TO DETERMINE A POLE
ATTACHMENT RATE FORMULA
PURSUANT TO IDAHO CODE 961-538.
Case No. GNR-02-
RESPONSE
This response by the Idaho Cable Telecommunications Association ("ICTA") is to
the July 15 , 2002 letter of Deputy Attorney General Weldon B. Stutzman requesting that ..
each party to this proceeding provide answers to various questions prior to an August.
workshop.
THE ICTA ADOPTS THE RESPONSE OF CableONE
Filed this same date is a Response by CableONE, Inc. containing lengthy and
detailed answers to the July 15 , 2002 questions of Deputy AG Stutzman. Those answers
of CableONE are hereby adopted as the answers of the ICT A for purposes of this
Response. The ICTA alsQ supplements those answers with two additiornal points
concerning questions one and seven.
LEGAL, POLICY OR ECONOMIC JUSTIFICATIONS
CableONE provides compelling legal, policy and economic reasons why the
Commission should set maximum cable pole attachment rates by apportioning costs in
RESPONSE Page 1
accordance with "relative" pole use. 1 In addition to those arguments the ICTA would
point out that the Idaho legislature has determined that it is vital to the state s economy
that "electronic technologies and commerce will continue to grow and prosper while
delivering social and economic benefits to Idaho s citizens, government and businesses.
HCR 31,56th Idaho Legislature First Regular Session 2001
http://www3.state.id.us/oasis/2001/HCR031.html). Consequently, HCR 31 continues for
the second year the Electronic Commerce Interim Legislative Committee ("Commerce
Committee ) to investigate measures to: "Invest in infrastructure needed to support a
technology-based economy" and "(O)ptomize Idaho resources available to grow
technology as a key economic foundation for the state of Idaho.See Commerce
Committee minutes , June 13, 2002. Attached as Exhibit 1 hereto is a draft "Vision
Statement" for the E-Commerce Committee proposed by the Idaho Department of
Commerce demonstrating Department's belief that everv person or business in the state
should have affordable, reliable high-speed communications services.
The ICT A has followed the E-Commerce Committee for the last two years.
there is any consistent theme that has dominated the Committee' agenda , it has been the
question of how to pring affordable advanced technology and communications benefits to
..
" Irural Idaho. Cable, TV companies attach cables to utility poles in both rural and urban
Idaho. Urban attachments are measured in the number of customers per mile. Rural
c9unts are more generally miles per customer. Cab,e TV companies attempt to serve as
many rural homes as is economically feasible but do not have a "duty to serve " unlike
their Commission regulated counterparts. If Idaho pole attachment policy shifts from one
1 Idaho Power instead proposed in a prior proceeding a formula based on "share" use, producing a poleattachment rate 2 to 3 times higher than a "relative" use based formula.2 The E-Commerce committee took the proposed Vision Statement under advisement at its July 24, 2002meeting in Boise. RESPONSE Page 2
where pole attachment charges to CATV companies are no longer reasonable and static
but are inflated 200 or 300 percent, then rural cable TV and cable modem customers will
be the victims. These are the customers that are served at the margin , and when the
margin shrinks , they will never see the "same level (speed , quality, reliability and costs)
as the best available technology in urban areas.
OTHER RATE ELEMENTS; OTHER ELEMENTS
CableONE's Response to question 7 discusses the significantly inferior pole
status cable TV companies have concerning pole occupancy and attaches several
agreements that demonstrate the adhesion nature of those arrangements.Another
example agreement from an ICT A member other than CableONE is attached as Exhibit 2
to this Response.
If utilities are to be allowed in Idaho: to double or triple their pole attachment
rates , then cable companies will need to see significant improvement in their status as a
pole occupant. CurrenJly, cable companies "rent the room" but also must agree that they
can be moved around, charged for the cost of the move or thrown out.If room,rates are
doubled or tripled then cable companies need additional contractual rights that let them
stay in the room they have rented, or if they are: moved, it is not done so at their expense.
Dated this
~qi"day pf July, 2002.
RONALD L. WILLIAMS, PC
By:f(JI
?,j~
Ronald L. Williams
Attorney for the Idaho Cable
Telecommunications Association
RESPONSE Page 3
PARTIES OF RECORD
CASE NO. GNR-O2-
I HEREBY CERTIFY that on tbe ~ (P Y of July, 2002~ true and correct copies of the
foregoing doc name here were forwarded with all teqQired charges prepaid, by the methodes) indicated
below to the fol1owing:
Weldon Stutzman
Idaho Public Ut~ies Commission
472 W. Washington
Boise, Idaho 83702
Larry D. Ripley, Esq.
idaho Power Co.
PO Box 70
Boise Id~ 83707
Morgan W. Richards
Moffatt, Thomas et al
101 S. Capitol Blvd., 10th Fir.
FOB 829
BOise, ID 83701
Lance T ade
Citizens Telecommunications
4 Triad Center, Ste. 200
Salt Lake City, UT 84180
Mary S. Hobson
Stoel Rives 1.1.'1:1
101 S. Capitol Blvd., Ste..1900
ao~, TI) 83702-5958
Conley Ward
Givens Pursley, LLP
277 N. 6th St., Ste.2oo
FOB 2120
Boise, ill 83701-2720
David J. Meyer,
Sr. Vice President & General Cnsl
Avista Co~ration
1411 E. Mission Avenue
FOB 3727
Spokane, W A 99220
Hand Delivered
S. Mail
Fax
Fed. Express
Hand Delivered
S. Mail
Fax
Fed. Express
Hand Delivered
S. Mail
Fax
Fed. Express
Hatld :Delivered
S. Mail
Fax
Fed. Express
Hand Delivered
S. Mail
Fax
Fed. Express
Hand peliveted
S. Mail
Fax
Fed. Express
Hand Delivered
S. Mail
Fax
F~d, Express
IB""
Ted H~J1kin~Hand Delivered
Centruy Telephone Enterprises, Inc. U.S. MailPO Box 4O(j5 Fax
Montoe, LA 71211-4065 Fed. Express
Gail Long, Mgr. EXternal Relations Hand DeliveredTOS Telcom U.S. MailPO Box 1566 Fax
Oregon City, OR 97045-1566 Fed. Express
Patrick A. Harrington
Idaho Power Company
PO Box 70
Boise, ID 83707..0070
Clay R. Sturgis
Moss Adams LLP
601 W. Riverside, Ste. 1800
Spokane, WA 99201~0663
Kelly O. Norwoo~ VP
Rat~s & Regulation
A viSta Corporation
. 1411 E. Mission Ave., FOB 37'17
, Spo~, WA 99220
John M. Eriksson
, Stoel Rives LLP
, 201 S. MaiJi Street, Ste. 1100
Sah Lake City, UT 84111
Marlin D. Atu
La\iv Office of Marlin D, Ard
poa ~190
S~s, Oil 97759
Dean J. Miller
McDevitt & Miller LLP
PO Box 2564
Bo~e, ID 83701
Geclt F. Hull,. Attorney
PacificCorp, Commercial Pept.
1100 Lloyd Center Tuwer
825 NE Multnomah
Portl4nd, OR 97232
Hand Delivered
S. Mail
Fax
Fed. Express
Hand Delivered
S. Mail
Fax
Fed. Express
Hand Delivered
S. Mail
Fax
fed. Expr~$s
Hand DeliveredS. Mail
Fax
Fed. Express
Hand Delivered
tJ. S. Mail
Fax
Fed. Express
Hand Delivered
U.s. Mail
Fax
Fed. Expre:ss
Hand Dfflivered
S. Mail
Fax
Fed. Express
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Dean Randall Hand D~livered
Verizon Northwest Inc.S. Mail
PO Box 11 00 Fax
Beaverton, OR 97075-1100 Fed. Express
Stuart F. Feldstein Hand Delivered
Fleischmann & Walsh, LLP S, Mail
1400 Sixteenth Street NW Fax
Washington, DC 20036 Fed. EXpress
DATED this h ~day of July, 2002.
HuJd tv~
RONALlJ L. WILLIAMS, Aftomey
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CATV POlE LEASE AGREEMENT
THI$ AGREEMENT made as of the J./.. t day of
&- ..
.1.. 199cfbetween
GENERAL TELE9HONE COMPANY OF THE NORTHWEST t INC.corporation of the State
of Washington. having its princip,l' offle. at 1800 41st Street. Everett,
-Washington , hereinaft~r called Licensor, and PUt-tHAN TJ CABLE CMPANV
a corporation of the St~te of WASHINGTON . h.~in9 Its prin~iPa1
off1 ce at .MD~c.OW. ~ldaho,, hereinafter called Licensee;
WITNESSETH :
WHEREAS, l1ctn$ee prOPQse$ to prov1~ lawful communication service to its
Albion, Pilause & Pullman. Washington; fIotJ,atchsubscriber stations' tn and near and Moscow. Idaho and wil' need to
erect and "aintli" an antenna tower louted '
. -
find
. cables. wires and appliance$ together wfth assoc1f1ted ~able mess~gers,
anchors and other appurtenances (hereinilfter, sometimes col1ecthe1y eal \ed the
eq~1pmentM ) throughout the area to be $erve~ and des1res to attach such
equ1P111f!nt to poles of Licensor and/or to poles used j01nt1y by Licensor
other companies; _nd
WHEREAS. licensor is ~tl1tng to permltJ to the extent it may lawfully do
so, the attachment of sa1d iequlpmtftt ,to its IPoles where. in its judgeMent.
$uch use will not interfere with its own se~v1ce requi rement$ or th~ service
requi rements of other joint users, including considerations of economy and
u~~;
~HEREAS, Licensee understands that the ,Telephone Company or P~r
Company may p'ace facilities at any time On IPole~ owned by the other under the
rights granted by an existing con~ract. In the event t~,t the equipment of:
EXHIBIT 2
..1-
lO 'AOIA2R9902 'ON Xij~MODSO1HJ I Hd13Qij Uij 90: 1 t NOU 2O0Z -6Z -10r
the Licensee must be rearranged t~ peratit the install ation of f4ciliti_s
the Telephone Company or Power Company, such rearrangement w11l be at the sale
expense of the L1~~nsee; and
NOW THEREFORE. in consideration of the ~ual covenants. terms and
conditions herein contained. the parties hereto do mutual'y covenant and agree
as fo11ows:
ARTICLE 1
DEFINITIONS
01 All references he~e1n to *Licensor s polIS H or N its poles" shall
mean poles solely owned by the Licensor. joint'y owned by Licensor or tn, pol~
space rented by Of' contl"~cted for Licensor from another owner.
02 All referenc~s herein to "joint userN sha1l mean (1) a company
, which together Wi~h LicenSor has. percentage 'Q~rship in a po1e, (2) a
pu~l;t ut11ity company or municipality which 'has attac~ent privileges on
' ,
i Licensor s poles, or (3) a public :ut111ty cOmpany which owns poles on which
licensor has attachment pr; v11 eves.
iAATIClE Ii
SCOPE OF AGREEMENT
01 Licensor hereby agree~, to license and ~rm;t li~ensee to 4ttach its
equipment, for the purpose of PrOr1d1ng 1awful co"nicat1on service, to $uch
of its poles as aret in the judg~nt of the Licensor ~f the poles, $u1table
and available for such attachments, subject to the conditions ind limitation
contained herein~
02 Licenseel s use of said ~le' shall be confined to supp~rting those
..2-
~O '~OlB299902 'ON Xij.ttmsou...ij J Hdl:1(J\J IJ\J ~n: II NOLI ?nn7.-A7.~'n('
110 '
cabl~s, wire, and other .ppurtenances, at1 hereinafter cat1ed M~quip~nt"
Wh1&n te1ephone c-ompany may give Licensee writte~ pennission to 1nstal'.
Licensee agrees with Telephone Company that said equipment $ha11 not be used
for other than providing lcawfut co8ln,icat10n servite.
03 licensee agrees to secure any and all consents, permits or licenses
that may be le9al1y required by an1 television broadcasting c..any or others
by reason of ~icensee s transmission Of such program :materiil or other
operations of Licensee hereunder.
04 Licensee agrees to assist in. and bear the e~pense of t securing any
consents, pe~1ts or licenses that may be required by Licensor by reason of
thi 5 Agreement
0$ The distribution area covered by this Agreement sball b, that area
; Albion,Palou$e & Pullman, Weshington; Potlatch
i n al,d around and Mos~oW. Idaho
" -
~RTtCl.E I I I
APPLICATION FOR PERMISSION TO ATTACH
. 3.0~ Whenever liGen$ee desires to attach its equ;p~nt to any of
Lic."sor~s poles, tt shall make written application Qn the f~rm .arked Exhibiti .
A attach~d hereto and made a part hereof1f in the number ~f copi es frOlft time toI ;
time p~~tr; bed by L cen$or. If Licensor is wit Hng to
Pi'(rmi t
slich
attachme~t$ and, in the case of joint 11 owned poles. obttins the approvil
such joi~t owner, L1tenSor shall return lone copy of Exhibit A to the L1censee
bearing the e"dor~ement of its permisSion. For each !pplicat1oo submitt~d.
Licertsee: shall pay a fee of twenty dollars ($ZQ) for Licensor s processing the
permit t~ determine if' permission should be .pproved .nd the sum of four
dollars ($4) per pole as an inspection fee to detenblne if the Lic.ensee
3-
9018299902 'ON X~f:I MOOOOIJ-tJIHcf130ij Uij 90: 11 NOW 2002-R2-1rir-'. ,-
~quipment has ~een property connected to the poles tnd t~at apprQPriate
regula~ions. orders ~nd de,rees of all lawfully cQn$titUted bodies pertaining
to pole 11ne construction ~aYe been met.
02 Upon receiving such endorsed copy of said application, but no
, sooner. Ucensee shall h.ve the right, subject to Article 5.02 herein, to
instan, maintain, and use its equipment des~r1bed in Said application upon
the POlesidentif1ed therein. provided t~at Licen$ee sha11 complete eaCh
1nst~llat1on within such tile limit as may be specified on $a1d approved
app\ication; provided, however, that before commenc1ng any such installation.
Licensee $haT \ ftot1fy Licensor of the ti~ ~hen it proposes to do su~h work
sufficiently 1~ advance the~of $0 th,t Lieenspr may arrange to have its
representati ve: present when s~ch work 1 s performed.
03.: Where costs are involved in the re~..rrangetnent Qf Licensor ! s or
other facilities to acco_odlts L1censee,'s equtpment~ two $1gned copies of
said application shall be returned to Licensee detal1ing ~he casU 1 " the
~,
space provided' thereon for that purpose. Approval of s~id ' application by
Licensor is su~ject to rece1v1nt authorization fro. Licensee, on $aid
application in the space provided thereon for 'that purpose, to:ilike changes
and rearran9~nt$t at Licensee s sale r1 sk a~d ex~ense. detai )ed by licensor
with saidcopij,es of said app1ici~1on.
04 li~ense~ shall not have the right to place. nor shaJl 'It pl~ce, any
additional equipment upon any pole used by it hereunder without f1 rst making
application therefor and receiving Licensor s penmission to do so. atl as
prescribed in IArt1c1e 3.01 herein; nor shatl L'Icenseechanqe t~e position of
any equipment attached to any such pole without Licensor s prior written
approval. The prov'\$'Ions of this section sha 1l not restrict ttte a1:tachment
..4-
en '~nlA7RARn~ 'ON ~ij~MOD.~~rHd1~au UU 90: I 1 NOU 20a2-82~lnr
Of te1evis1on drops to television crossa~ or television cable messenger.
\,icensee warrants any equipment it places upon any pOle \It'de'' thi$ agre~"t
shell not interfere ~ith the business of the L1c~so" in any man"er.
ARTICLE IV
SPECIFICATION
01 Li c'~nsee" at its o.n cost and expense. shal1 construct. maintain
and replace its attachments on Licensor s poles in accordance with (1) such
requirements And specifications as L1~ensor shall from time to ~ime prescribe.
(2) the r~uirements and specifications of the ~at1onal Electric~l Safety
Codet 1981 Edition. and any amendments or revisions of said specific~t10ns or
code, and (3) in c~liance with any rules or orders now in effect or that
hereafter may be issued by the Pub1ic Utl1 1ty Commission or other itvthority
having jurisd1(".tion. In addition, all a~tachments sl\al1 be mtde by Licensee
in accordant, with ithis Agreement and Exhibits C and 1-10 atta~hed hereto and
" ,
made. parthereof~ licensee agrees to comp1y.. at its, sole ris~ and expense,
with the specifications of all ~xhib1ts attached hereto as revised fro. time
to t1~ by Licensor in accordance with provisions of this Artie1e IV I ~
j '
INSTALLAtION AND MAINTENANCE OF ATfACHMENT$ AND POLES
: 5.01 Licensee $hatl co~p1ete the instat1ation of its equ1P~nt on theI '
pole 01' poles covered by each approved individuat .pp1i~at10n within such time
limit as licensor shall designate on said application or such lnstalhtioft;
and in the event Licensee should fail to comp1ete the installation ~f its
equipment on said pole or poles within said prescrjbed ttme li~;t. the
An '~ntA?9RRn? 'ON )(\/.1 MOasou-UI Hd130ij Uij iO: II NOU -2002~6G-1n
permisSion Granted by Licensor to place said equipment on said pole or poles
shall thereby automatically be revoked and licensee ~hal1 not have the right
to place said equipment 'on said pole or poles without first r.applying for and
receiving penniss1on to do so, a" is prescribed in Paragraph Ko. 3 hereof.
02 1f, 1n the jud~nt' of Licensor . the ac~ommodat1on Of thY of
ltcensee s equipment necessitates the reirra~gl8ent of facilities on a pole or
the replacement ofa pole, L1cenSQt will indicate on said application the
necessa~ ~h.nges and the estiMated cost thereof and return it to Licensee;
and if licensee- still d~$ires to use S4id pole or such replaced pole and
returns the application marked so to indiclte, L1cen$or wi 11 .ake such pole
replacement if ~equired ,and Licensee will make, and req~e5t other owners, if
any, Qf said existing facilities to make, such rearrangements or transfers of
said existing facHitfes as NY be required. a11 at th sol~ risk "Ad expense
of L 1censee, and Licensee. on demand, wp 1 reimburse Licensor and eAch such
other 'owner for th~ ent~re expense thereby incurred by ,leach of t~em~ L11censor
shall :not be res,onsible to licen'H for any loss sustai.,ed by 1.,1 ceils..'
reason of the fa1 ure ~f ,ny s~ch other owner to make such rearrangemen~s
trio$. ~ers.
03 If. in l1cefttOr s judgpent. licensee s ex1s~ing eq~ipment onian1
, .
pole 1nterfereswUh o~. prevents the ptec1ng of any f'~111ties thereon
require~ by Telephone ~ompany or Power Company, and if said facilities ~ould
be p1 ,ced on sa1dpoleby removing licensee s equ;pmen1: tberefrOl'\. or
rearranging the exht1ng facilities (exclud1ng rearra-ngemerit of l1ce"see
equipllent .1one) there6n. Licensor I18Y notify Licensee of t1;, reqQir_d
rearrangement$ of existing flei1 it1es or pote replacement 4nd transfer$' of
ex1st~ng facilities. in order to continue the accommodation of Licensee
-6~
In onIQ7Qoan? 'm! VWJ MfYlcnJ-Ul1U1';J(IH u~ In! It iinu 7nn7.~R2- i
equipment. tOgether with an esti~lte of the cost of making any such change.
If Licensee ~e~ire$ to continue to maintain its equipment Qn said pole or $uch
replacement PQ 1 e and so not 1 f1 es Licensor, L t censor wi 11 Make such pole
replacement where requi reo, and .L~ce"sor wi 1 t make. and wi l' request
other owners, if any, of s4id existing facilities to make. such re~rf.ngements
or tr.nsfers of said existing faci11ties. all 4t the sole risk and .xpense Qf
Lice"see. and Licensee. on ~emandt w111 reimburse Licensor .nd ea~h such other
owner for the entire expense thereby incurred by each of them. Licensor shal \
not be responsible to Licen$ee for any loss sustained by L~censee by reason of
the fa; lure of any such other owner to make such rearringements or transfers.
If Ltcense8 does "o~ notify licensor of intent to continue cont.cting said
poles. Licensee shatl remove its equipment from said pole(s) within thirty
(30) days frOl\ suc;b. notification frORl L1~ensor.
04 If Licensee should require equipment in a location upon a", public
thoroughfare or other public or priyate ~property. and Licensor does not have
poles so located as to fulfil1 Licensee s requirements, Licensee shall notify
Licensor of its need for such poles. in order that Licen~or may dete~ine if
it 1$ desirable for it to plate poles in such location. If Licensor '5
willing to erect poles in such location adequ.~e to meet the service
requirellen~sat both parties hereto. it shall so notify Licensee within 30
days and thereupon L1cens~, shall make application under this Agreement for
permission to p1ace its equ'ipment thereon. Upon rec:e1l'2t Of said appHcatt()n.
Licen5or shall proceed to erect said poles.
05 In orde, to keep the number of poles on public thoroughfares and
elsewhere to a pr-actieable minimum. li ten see agrees not to erec:t any pole Qf
its own i" or near .ny lo~ation ~ere Telephone Company and Power Company are,
'7-
an 'an r ~7RR~n7 'nN 1m.,Mn.'lq)JJ-UI Hrl1::tmJ W O: I1 NOU lOO2-62-1nr
or either of them is. willing to Ictommodate licensee s equipment or to
provide I pole adequate to ac;commodate licensee s equipment. Li censee further
agrees not to erect any po1e of itt own near an ex1st1ng p01e until licensor
has not i f1 ed L censee that it is un.i 111 n9 to accommodate Licensee I 5
equipment; .nd not to erect any po1esof its own where no poles exist until
both Tetephone Company and Power C~pany hav~ within 30 days notified licensee
th~t they do not desire to erect potes in such location.
06 Nothing in this Agreement shall be construed to obligate licensor
to grant Licensee penliss1on to use any particular pole or poles. Jf such
permission 15 refused. licensee 15 free to IRate any other arrangement it may
wish to provtde for its equ1pmen~ at the location in question; and in the
construction and mainten.n~ of pole lines required therefor. ~1~~ns~ agrees
to cQnform to the requirement$ of The National Electrical Safety C9de. ,1981
Edition. and any supplements thereto and re.isions thereof.
07 Licensee shal1 not at a~ time ~a~eanj additlons to. or changes
in. the location of its attachnaents on the , poles covered boY this Agreenent
~ithout the prior written consent of LicensQ~ exc~t. in ~ases of ~rg.ncy.
when ora1 permission sha11 have been obtained fro~ licensor s authorized
tepresentati~e at O. 8ox 8277 Mostow, Idaho 83S43 nd subsequently
~;onf1 rmed in writing-
ARTICLE VI
-.-
COST OF POLE REPLACEftttNTS
01 Whenever Licensee appl ies for permission to attach to a po1e that
is considered by Licensor to b~1nsuff1c;ent in height or strength for
accommodation of Licensee s attabh~ts. or tn tne event that licensor or a
..8..
An ',.f ~n t R7.AAAA? rl1N ~W r1n~qnu4J f 'M1,;/lI~ LIY In: II NOLJ ~n?-A?-1nr-
joint. user of the pole shaH require the space QcC\lpted by Licensee s ethtin9
attachments. Licensor shall not1 fy licensee of suth fact and of the esttmated
cost to lic.,"see of reptaci'ng such pole with a p01e wMch wi t 1 accomodate the
attachments of Licensee, Li~~nsor and any such joint u~er. Within thirty (30)
days of such notification. Licensee shal1 either notify Licensor (1) ot its
ap:proval of such replacement or (2) of it,s cancel1ation of the .ppH~.tio"
~th respect to such p01e or (3) in the C4$- of existing attachments, of its
election to remove its attachments front the pote.
02 licensee, at its a.m $ole risk and e~pense, shall provide. own and
Iftaintain such guys and anchO,r5 as are requited to hold the strains of it$
equipment on s.id pole in all cases where Licensee s anchoring requirements
are not coincident with those of L1c_nsor. The Licensor will 8$Sume QW~~rship
, thereof.
, 6 O3 In general, in those cases w~ere Te'eph~ne Company is li cenSQr and
: t~e aft~or1ng requ1 remeftts of Licensee and Teleph~e Company are ~Qi"~1d~nt,
. the strains of licensee s equ1pllent and of Tel~phor'e Company s fac11ities on
1d p~1es ~hall be he'1cl by the sa. guys and anchOr$~ ihowever. in inoh1dual
cases ~en in Telephone Company s judgment $uch proced~re is desirable,
~1cen~ee. at its own sole risk and expense, shall provide separate guys orI ,
an(;hO~S, or both, to hOld the strains 'of its equipmeJlt Ion said poles. The
Telephone Company wi 11 assume ownerstttp tl1er.Qf.
04 In those caseS where ex1st1ng guys and anchors . are inedequate to
hold Li~ensee s strains and sep~t.te guys and aftct1ors are not desired or if
guys and anchors being used by licensee $hout~ be inadequate to hold
additional strains of Licensor ~esult1ng from the placing of td41t1Qn_'
facilities on said poles and said guys and anchors would haye been adequate
.9';'
01 .an 1 R?RRRn;I 'rw \lH 01 MIY1MU-HHlAl";1l!H UH An: I I NnU ?Mi'-A?-1nr
to hold the additional $trains if Licensee s strains were removed therefrom,
Licensor sha \ 1 cause the exi st i ng guys and anchors to be replaced wi
adequate guys and anchors at the 501 e ri $k and expense of Licensee, and
licensee, on demand, will reimburse licensor fOf the entire expen$e thereby
incurred.
05 Licensor reserves to itself and to each other owner of facilities
on s~id potes the right to maintain said poles and to operate their fac111t1e$
thereon in such a manner as wit' best enable them to tulfitl their own service
requ1r_nts, and neither Licensor nor any said other owner shal1 be l hble to
Li censee for any; nterrupti on to l i ten see I S servi ce or for any; nterference
with the operation of Licensee' s equi~nt ~r;sing in any manner from the use
of said poles and the facilities thereon by Licensor and each said other
owner. .
ARTICLE VB
RIGHTS OF WAY , LEGAL AUTHORITY AND DEFAU~T,
7 ~Ol Licensee will obtain from pubHc authorities and .f)r1vate OWners Qf
real prope~ any and all pennitst licenses or grants neces$ary far the lawful
exercise ofl the
perm1$sion granted by any ~ppHclt1on appro~ed tu~reun4~r; and
L; censee s~, t sub.; t to Licensor ev1 dence :Qf camp 11 ance wi ih th, forega; n9
requiNtlllent'S p""tor to or at the time of Making application for perln;s$1on to
place s~1d equipment upon said pote(s). A~l licenses to be granted to
Licensee hereund~r shall be ~onditioned upon continued compliance with the
foregoing ~equ1rements. and upon termination of such "ece$$~ry permitt license
or grant f~ public authority or private owners. the permit f;OVer;ng the use
of such pote or poles shall autornat1Ci\1y terminate and the cables, w1res and
- \0"
T T '~mA7.AAAn7. 'ON )UH MMSOU-Y Hfrll~(JU IJij RO: II NOW 7.nO2-A7.-1nr
71 '
other attachments of ~icensee shalt bf remoy~d from the affetted pole or
pc)tes.
02 Licensee shall at 8ny time. at its QWn sole risk and expense,
upon nottce from Licensor. relocate. replace or renew t1censee
~uipment or transfer it to replaced poles, or perform an~ other w~rk in
connection with said equipment that
~y
be requ; red by Licensor;
prov1ded. however, that;n cases of emerg~ncy or when Q~emed necessary,
Licensor may ~ at Li censee ' s so 1 e r1 sk and expense. relocate. replace or
renew licensee s equipment, transfer it to replaced p~le~ or perfonl any
other wort in connect;Qn with said equipment that may be requi red in the
, maintenance. replacement. removal or re1ocation of said poles or the
flei lities there~n or which may be plated thereon, or for the s~~Yice
, n~ds of .T.' ephone Company or Power Company, or l i tensee t Oft demand. wi
reimburse licensor for the entire expense thereby 1~cur~4. '
03 licensee may at any time remove its eq~ipment from any, of said
: poles an~, ~in such case, L1eens~ sha11 immed1 ately give Licensor written
notice of such ~emoval in the n~ber of copies and 1n the farm fro~ time
to time pres~r;~ed by licensor. Removal nf any equipment from any polet ,
I shan con$titut~ it teMl;natiOn of Lic:ensCH!s existing permit fo~ u$e of
, ,
such pole. LicF"S'" must then reapply as de$~r;bed
11' Paragrap~ ",0. 3
sMwi n9 current' cont~ct re.CNt rements.
ARTICLE VB t
RENTALS
01 For the privilege of contacting and maintain1ngsa1d iequipment
: on ~aid poles, Licensee shall pay to Licensor. is~;~~nnual fees
-11-
onllit7Qoon, 'f'IIII VI1.Mn~-H T Url1";!(lH IJW An ~ 'I woo ~nii~-R7. lor
-.-
CO, . J
to be computed on the f1 rst day of January and on the (1 rst day of July
of each calendar year during the ex1$tence of this Agreement for the
period covering the next six months in accordance with the fQl'o~ing
f'Of'mul a:
(A x 8) + (C x D) . Total l$Ount of semi annual payment
A . T~ta1 number of poles used by licensee On the date of computation
B = $1.80 per pole contacted
C . Total number O,f amp1ifierslpower supplies attached 1;0 said poles
on the date of computation
0, = $.50 per pole mounted amplifiers/power suppl i~s att,chm$nt
02 Rental shall: be computed in accordance with the above formula: based
on the number of pOles or other contacts of licensee and shall be p.yab1e
semi-annual 1y in adVa~ce to licensor on the fi rst day of and t~e f1 rst
day of January ~f ':aCh ,ear during which this Agreement remains 1" :~ff~ct with
respect to each ;po1e on which l~censee s equipment is attached fifte_n (lS)
days previous to such ~1rst day of July or such first day of -JanuariY. i~ the
case qtay be.
03 Lice"$~e agrees to pay Licensor a sum equa1 : to twice the ann~at per
pole attachment fee fOf at1 unauthori~ed attachments of Ltcensee $ fi~1~itie5
discovered by l;censor~ p1us payment of the per pole attachment fee unt~l $U~h
time licensee removes its attachments from said poh~$
04 At any time after one n) year from the date of th;s Agreement, and
at intervals of not 18.' than three years thereeftef~
the rentals appH~.ble
under this Agreement sha 11 be subject to joi nt revi ew and adju$tment upon the
written request of either party. In case of adjustme~t of- rental s as herein
-12..
ant Q;70Q,QO;7 'ntd VIoI.j Mn~q)JJ-ij T Uri1';/lUl W An: I t NoU 2fiO Z-1n
provided, the new rental$ ,agreed upon $ha1' ipply st4rting with ~~e
semi -annul t b1l 1 nex~ rin~red ~nd cont ~ nUl ng unti 1 891 i n .dj~st~d.
05 L; censor shall have the right to make p.~i04tc inspections
semi-annually or oftener as plant con~it1ons may warra~tt of 5u~h
~icensee s plant as it deem$ necessary. Such inspections, made or not, shall
not reline licensee Of any re$ponsi))i1ity, ob11gation or lia~Hity a~sumed
under thiS Agreement, In the event Licensor shall deem it necessary to
inspect or audit licensee s equipment. Licensee shall pay actual ~osts and
expenses incurred by Li censor.
ARTICLE IX
TERM, AND TERMINATION OF' AGREEMENT
01 This agreement, if not preYio~sly tenninated in accordance -nth the
provisions hereof, ,ha" ic~t1nUe in effect for a tenD of one (~) year an~
thereafter until ten1ina~ed as provided herein. The Agreement
.y
terminated at the end of s~id time or at any time thereafter by either party
9,ving to the other party at 1east ninety (90) day$ written notice upon
termination of; the Agrgement in: atcordance wUb any of its ter..,s. Licensee
sha\t remove ~aid equipment fro~ a\1 Poles of Licensor within said n1~ety
(90)
days thereafter.
02 licensee at any time remove its equipment attac~d to any pole
or potes of Licensor, but shat 1 immediately give Licensor written notice of
such removal in the form of ExWi~it B attached hereto ~nd made a part hereof.
No credits or refund of a~y renta1 shat' be allowed licensee on .~~o~nt of
$uch remova1.
13-
hI onlR'QQQO, '1lH..I M~."I"~l~n" UH An: lt~ 7n~R~-1nr
03 No use, however extended. Of a~y of said poles under this Agreement
shalt create or v_st in Licensee any ownersh1p or prOPerty rtght$ therein. but
licensee s rights therein shall ~e and remain a mere License, which as to any
particular pole or pdles maybe teMm1nated at any t1~ Licensor upon n1net1
(90) days written notice to L1cen$eet and ~iae~see shall remove its equipment
from Hid pole or poles within said ninety (90) days. NotM"9 heret"
contained shall be construed to campel Licensor to maintain any pirticular
pole or poles for a period longer than demanded by its own service
requ1 rements .
04 Licensee shall exercise special precautions to &vQidLicensee
causing dai\lage t9 the faci1itie'S of l1censor and other~ on said po1es ; and
Licensee shall aSsume all responsibility for any and all loss from such
damage. licensee s~11 mJke an jmmed1ate repott of the occurrence of any such
damage to the owner of the damaged fac1'~tiet and shalt, an d~nd1l reimburse
said owner for the entire expe~s~ incurred in making repairs.
ARTICLE X
INDEMNITY AN.O INSURANCE
10.01 licen$e~ shall indemnify~ protect and hold harmless Licensor and
other joint users of nid potes ftom land against any .nd all 10$$. costs.
~laim$ 11 demands. damag~ an~/or expen$e arising out of any demand, claim, suit
or judgement fqr dama~e$ to proPQrty and injury to or ~e.th of perso~s,
1nt'ud1n~ the officers, agents and employees of either party hereto and other
joint users of said poles, including!, p,yment lOde under any Wotk.'ttH,
Compensation Law or under any phn f~" ~mp'oyees' disab1 11ty ~(\d death
benefits, wh1ch may 'arise out of or be caused by the erection, maintenance.
14-
..--.--
cr- 'QfIf ~;1RRAn7. 'ON, Wof Mn~-tJ I Hrll!1mJ tJij, 80: II NOt! 2002-62 -1ftf
Ot '
pres_nc~ t use or ~emoYol of said equipment o~ by the proximity of the
~espec~ive cibles. wires, apparatus and .ppliance~ of the parties hereto or
othQr joint users of said poles, or arising out of iOY i~t or omission or
atleged act or omission of Li~e~$ee, including any claims and d~and$ of
customers of Licensee or others; and irrespective of .nY faultt failure,
ne911 gence o~ a 11 eged neg1; genee on the part of ~; ceft' or or of any other joi
user of $.1 d PQ les.
10.02 Throughout the 1ife of t~;s Agreement. licensee shall ~.1ntain in
fun forel:! and effect with a tarrhr or ~arriers selected by Licensee and
satisfactory to Licensor:
a. Compensation , Insurince in compliance with all State Wort(f'le.n
Compensation I"surance and safety lews and amendments th~reto;
b. tnsuranc~ against Hab1Hty due to .per$onal inj\Jry or de~th of
persons shan be $500,OOQ as to anyone person ~nd 51,000,000 asto each occurrence; "
c. Insurance against ',abn~ty .due to property damage stJal1 be
$300,000 as to each a(fi~ent and $500,000 aggregate.
Written proof of compliance wit~ the requ1r~nts of this p~r~graph lO~
s~a" be filed with and approved by the Licensor. Renewal certif;cate$ will
be forwarded to the ~'censor and insu~ance po1icies requi red under this
Agreemeht will not b~ cancelled w1tho~t thirty (30) days nQt~c~ to the. Licensor.
10.0$ licensee shall furnish a bond to cover the faithful perforl'\an(e by
Licensee of a11 the terms and prov;S~9ns of this Agreement on its par~ to be
perfol"ll'led. Su(:h bond Shan be is~ued by a COIIIIIercial bonding c:ompan-y selected
by Licensee an4 satisfactory to LicenSor; shall not be subject to termination$
or ~anc,11ationS except upon ninety (90) dayspri or written noticP. by
certified Miil to li~ensor; shall be in such fQrm and initia11y ;n the amount
.15-
Q(lIA;1QROO~ 'fiN VH.J H()fJ~-HJ Hrl1';fOij Llij An: 11
.-
NOU 7.007.-R2--1ni-..
of $5.000 and subsequently in such ~mounts as Licensor shall specify from time
to time; and. subject to tetm;nation or cancellatiort as afores.1d. shall
maintained i~ full force and effe,t throughout the 1i1e of this Agreement.
10.04 If the surety bo"d ~ntjoned in Paragraph 10.03 hereQf should give
notice of the termination of said bond. if Licensee should default in any of
itS obl igations under th;S Agreement and such defau1t shall (Q~t1nue for
thir~y (30) days after prior notice t~ereof. licensor mly. by a written notice
to licensee, forthwith tena;nate its participation under thi$ Agreement or
forthwith t.erm1nate any or all permits granied by it hereunder. and LicenSee
Shill remove its equipment ~rom t~e poles to ~hich said termination ,pplies
within thirty (30) days from such 'notificat1on.
10.05 If Licensee should def~ult in the remai., of its equipment from
any pole within the ti~ al lowed for s~ch removal or should default 1n the
performance of any other work "h1ch it i$ Obli gated to do Qnder thh
Agreement, Licensor May elect to do such WO~k ~t l1censee s sole risk and
expense. and Li cl!!nsee. on demand,will rei mburn the L censor for tM ent ire
eXpense thereby 1Acurred~
10.06 If the Licensor should bring any suit.I(,ton or other legal
proceedings against Lice~seet it or they Shall be entit1ed to recover, 1~
, '
~d;tion to any judgement or decree for costs, suc~ reasonable attorney s fees
as it or they may have incurred 1 n such su t, aet i on or other 1 ega 1
proceed; n9$ .
-~6-
.- ...,.
It 'QO IA7RRRf17. 'nN 1m MOO.qf)LJ-U I Htlllf1U 1Jij 80: II NOU 2O02-62-1nr
ARTICLE XI
PROTECTION AGAINST CLAIMS FO~ lleEl AND
SLANDER, COPYRIGHT AND PATENT INFRINGEMENT
11_01 ~icensee shall indemnify, ~rotect and bold h.~le~$ L1~ensor from
and against any and all claims for libel and $land~r. copyt19ht and/or patent
infringement arising by reason of attachment by Licensee of itS equipment to
L1c~n$or $ poles.
TlClE XI t
GENEIlAl
12.01 licensee shall not assign. transfer or sublet this Agreement, or
any ,of the privileges hereby granted to it, without the pHor written consent
Of iJi censor.
, 12.02 No use, however extended. Of' Licensor s ~oles under this Agreement
sha\l create or vest in licensee any ownership or ~roP,rty right in said
, -
pb1E'.s. but L1censee s right therein shdl be and fTeft\ain a mere 11c;ense.
Nothing herein contained shall be construed to campa' l1~ensot to maintain any
of its ~o1es for a period \anger than that demanded by i ~S own s.rvite
r:'equired\ents. .
12)03 Nothing herein contained shan be construed ~s affecting the
ri ghts or pri vi 1 eges preY1 GUS T1 conferred by L censor to; others, by cant ract
or otherwi se, to use any po' es covered ~y th1 s Ag,.ement. ~"d l, ~ensor she
ha ve the ri ght to conti nUt to extend such ri ghts or pri v; 1 eges; the .ttachment
prhnegeS granted hereunder-shan "t iSH times be subject t,Q s.\f_C'" contracts' i
a"d arrangements. And nothing contained herein $h~11 be construed as
affecting the r1ght of Licensor to gra~i attach.ent pr1vi1eges to such other
partin as, it
-y
desire ti) do so.
1--1"
._.
al 'QnJA?ARRni' 'nN ~-I f1O~!IDIJ-ij I Hri1::JOY IJY OI: II NOLI 2002-82 -lOr
12.0. Failure- to enforce or insist upon compliance wfth any of the terms
or condi~i ans of thiS Agreement shall not constitute a general we; v~r or
relinquishment of any such te~ or con4itions, but the same sha11 be ~~d
remain at al' times in full force and effect.
12.05, Subject to the proviSions of Article 12.01 above, this Agreement
shaH extend to and b1tid the $ucc:essors and assigns of the parties hereto.
~ICL~ XIU
PAYMENT OF BILLS
, '
13.01 All .mounts payable by LicenSee tQ Lice"sor under the pro~;siQns
Of this Agreement shall, unless otherwise specified. be p.yab1e within thirty
, .
(30) days after presentation of bi115 therefor. Non-payment Of any 5UGh
amounts when Que shalt constitute a default under tnh Agreetnel'lt and Licensee
agrees :t~ pay :1nterest on the debt at the highest legal i r~te in a4d1~ion to
twenty-f1 ve dollars($2S) per month for each month the debt rem.1n$ unpaid as
reimbursement 'to licensor for its adllinistrathe expenseS 1ncurrtd in
: "
attempt1~~ to!col1ect the payment.
18"
01- '.1'OFI , Q::I1aOOl'I:1 'N.I VU J MM(N\I1...wlU.I"I';tflW UN nt ~ 11 NnJJ 7nn?-R7- 1nr
.-.. .._
ARTICLE XIV
NOTICE
14.01 Any Ratite provided. in this Agreement to be given by ~ither party
hereto ta the other shall be dee~rl to have been duly given w~en made in
writing and deposited in the United States man. postage prepaid, .ddress .5
follows:
TO Licensee:
PULlMAN TV CASlt COMPANY
O. 80x 8336
" - -
Moscow~ Idaho 83843
TO Licensor:
For insurance & Bonds
Genera 1 Te ephone Company of the Northwest, I nc.! P.O. Box 1003
Wall Street Bu;1ding, 4.0~P Everett. Washington 9$206
For Pole Contacts, etc.
Genera1 Te1ephone Company of the Northwest Inc.
~ O. Rox 3,277
----"!'
Mn"'rf))I.r~~hn 8~43
-19-
n::J 'an 1 R:;7QQQO, 'nM vtU MrY1~-Ht1./.11';1tJH UH nI~ 11 NOLI ;IDn7..Jt7....
.......-
IN WItNESS WHEREOF t the parties hereto have caused this Agreement to be
duly executed a$ of the day aad year fir$t above written.
GENERAL TELEPHONE COMPANY OF TH,E NOR1""~ST. I~C.
Its Secretary
LtCE"SEE
, ~8y
PULLf1AN T.V. CABLE ctt-1pmy;
j.1.,/a(M.~
By 'd~ilf-.('.dL-..d
' ~.
L.;~
~.
J~e,
. i
20-
.---. ..."'" ..-, ...,--..
,:;I 'an , A;7QQQO;1 'nN VH./MMAAU-H H4.l1';1fIH IJH n,: II NOLI 7f1ni'.-A?... 1nf'