20210222Application.pdf

Y ROCKY MOUNTAIN
POWER
A DIVISION OF PACIFICORP
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1407 W. North Temple, Suite 330
Saft Lake City, Utah &4116
February 22,2021
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VA ELECTRONIC DELIWRY
Jan Noriyuki
Commission Secretary
Idaho Public Utilities Commission
I l33l W Chinden Blvd
Building 8 Suite 20lA
Boise,ID 83714
Re: CASE NO. PAC-EAL-04
IN THE MATTER OF THE APPLICATION OF ROCKY MOUNTAIN POWER
FOR APPROVAL OF A MASTER LEASE AGREEMENT NON-EXCLUSIVE
LIGHT POLE ATTACHMENT IN IDAIIO
Dear Ms. Noriyuki:
Attached for electronic filing in the above-mentioned matter is Rocky Mountain Power's
Application for approval of the Master Lease Agreement Non-Exclusive Light Pole
Attachment in Idaho as described in this Application
ery truly yours,
Vice President, Regulation
Enclosures
1
Adam Lowney 058#10456)
McDowell Rackner Gibson PC
419 SW llftAvenue, Suite 400
Portland, OR 97205
Telephone: [phone]
Fax [phone]
Email: [e-mail]
John Hutchings
Rocky Mountain Power
1407 W. North Temple, Suite 320
Salt Lake City, Utah 84116
Telephone : [phone]
Email: John.Hutchings@pacifi Coro.com
Attorneysfor Rocky Mountain Power
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF ROCKY MOUNTIAN POWER FOR
APPROVAL OF THE MASTER LEASE
AGREEMENT NON.EXCLUSIVE LIGHT
POLE ATTACHMENT IN IDAHO
CASE NO. PAC.E.2I-04
APPLICATION OF'
ROCKY MOUNTAIN POWER
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Rocky Mountain Power, a division of PacifiCorp (the "Company"), pursuant to
provisions of the Electric Stabilization Act, I.C. $ 6l-332, et. seq.,and I.C. $ 61-328, hereby
files this application with the Idaho Public Utilities Commission ("Commission") for
approval of the Master Lease Agreement Non-Exclusive Light Pole Attachment
("Agreement") between Rocky Mountain Power and the New Cingular Wireless PSC, LLC
("Cingular"). This Agreement allows Cingular to located communication equipment on the
Company's light poles. In support of this Application, Rocky Mountain Power states as
follows:
I
1. Rocky Mountain Power, a division of PacifiCorp, located at 1407 West North
Temple, Salt Lake City, Utah 84116, is authorized to do and is doing business in the state of
Idaho. The Company provides retail electric service to approximately 84,000 customers in the
state and is subject to the jurisdiction of the Commission. The Company's retail certificated
service territory encompasses portions of Fremont, Madison, Teton, Clark, Jefferson, Lemhi,
Oneida, Bannock, Franklin, Caribou, Butte, Bingham, Bear Lake and Bonneville counties.
Rocky Mountain Power is apublic utility in the state pursuant to Idaho Code $ 6l-129.
BACKGROUND
2. Cingular is a limited liability wireless telecommunications company with
headquarters located in Delaware that provides telecommunications service to customers in
Idaho.
3. On January 27,2021, the Company entered into the Agreement provided as
Affachment A to this application, subject to Commission approval, that would allow Cingular
to attach small cell wireless facilities on the Company's street light poles.
4. The Agreement is a master lease agreement for Cingular to attach
communications equipment to certain of the Company's street light poles. Pursuant to the
Agreement, Cingular must submit an electronic request form to the Company to evaluate and
approve prior to Cingular attaching its facilities to the Company's poles.
5. The Company may provide either metered or non-metered electric service to
these wireless facilities. On September 27,2019, the Company applied to the Commission
for an order authorizing the Company to revise Electric Service Regulation No. 4 - Supply
of Service, to allow unmetered service in certain instances for small usage devices whose
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total connected load does not exceed 2 kilowattsl. Electric Service to Cingular's small cell
wireless facilities may be provided, in certain circumstances, under this unmetered service
regulation.
6. The Agreement is for ten years after which there is an evergreen clause that
provides for one-year automatic renewals until the Agreement is terminated by either party.
7. The Agreement has the potential to generate additional revenue that will benefit
customers and does not impair the Company's ability to operate and maintain the streetlights.
Exhibit B in the Attachment summarizes the fee structure agreed to between the Company
and Cingular.
REQUEST FOR APPROVAL OF THE AGREEMENT
8. The revenue from this Agreement will help mitigate rate pressure for the
Company's customers, therefore Rocky Mountain Power hereby petitions the Commission
for approval of the Agreement, provided as Attachment A to this Application.
COMMUNICATION
9. Communications regarding this Application should be addressed to:
Ted Weston
John Hutchings
1407 W. North Temple, Suite 330
Salt Lake city, utah 84116
Telephone : [phone]
Fax: [phone]
Email: Ted.Weston@pacifi corp.com
John.Hutchines@pacifi corp.com
In addition, the Company respectfully requests that all data requests regarding this matter
be addressed to one or more of the following:
t In the matter of RoclE Mountain Power's Application to revise Electric Service Regiation No. 4 - Supply and Use
ofService. Case No. PAC-E-I9-14, Order No. 34504.
J
By e-mail (preferred) : datareque st@pac ifi corp. c om
By regular mail: Data Request Response Center
PacifiCorp
825 NE Multnomah, Suite 2000
Portland, OR 97232
MODIFTED PROCEDTIRE
10. Rocky Mountain Power recommends that consideration of the proposal
contained in this Application does not require an evidentiary proceeding, and accordingly
the Company requests that this Application be processed under the Commission Rules of
Procedure No. 201 allowing for consideration of issues under Modified Procedure, i.e., by
written submissions rather than by an evidentiary hearing. However, if the Commission
determines that an evidentiary hearing is necessary the Company stands ready to present
testimony in support of the Application at a public hearing, as required by the Commission.
CONCLUSION
WHEREFORE, Rocky Mountain Power respectfully requests that the Commission
issue an order authonzingthis matter to be processed under Modified Procedure and approve
the Master Lease Agreement Non-Exclusive Light Pole Attachment between Rocky Mountain Power
andNew Cingular Wireless PSC, LLC as filed.
DATED this22n day of February 2021
4
Respectfu lly submitted,
By
Adam Lowney
(ISB#10456) McDowell
Rackner Gibson PC 419
SW I lftAvenue, Suite 400
Portland, OR 97205
Telephone : [phone]
Fan: [phone]
Email: [e-mail]
John
Hutchings
1407 WestNorth Temple,
Suite 320 Salt Lake City,
Utah 84116 Telephone No.
(8or)220-4s4s
Email: [e-mail]
Attorneys for Rocley Mountain Power
5
Attachment A
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MASTER LEASE AGREEMENT
NON.EXCLUSIVE
LIGHT POLE ATTACHMENTS
IDAHO
This Non-Exclusive Light Pole Lease Agreement (this "Master Lease", "Lease" or "Agreemenf'),
including all Exhibits attached hereto, is entered into by and between PACIFICORP, an Oregon
corporation ("Lessor" or "PacifiCorp") and New Cingular Wireless PCS, LLC a Delaware limited
liability company ("Lessee"). Within this Agreement either the Lessor or Lessee may be
referenced as a "Party" or, together, as "Parties".
RECITALS
WHEREAS, Lessor is an electric utility that owns street lighting poles (Poles).
WHEREAS, Lessee is a telecommunications company that desires to lease space on or within a
certain light Pole or Poles ("Pole Space"). Lessee's purpose is to locate in the Pole Space certain
communication equipment and facilities used in connection with its business operations.
WHEREAS, Lessor and Lessee desire to enter into this Master Lease to provide the terms and
conditions pursuant to which Lessor leases Pole Space to Lessee.
WHEREAS, this Master Lease shall be applicable to particular Poles and associated Pole Space
when a Site Specific Permit is approved by Lessor. Each Site Specific Permit shall be particular
to only one Pole.
WHEREAS, Lessee may apply for Site Specific Permits in accordance with an on-line or other
electronic procedure that Lessor may make available and update from time to time.
NOW, THEREFORE, Lessor and Lessee hereby agree to the following terms and conditions.
AGREEMENT
I Definitions.
l.l. Application. An Application is the request of Lessee to lease a specific Pole and
Pole Space thereupon forthe purpose of attaching Lessee Equipment. The Application is made by
Lessee to Lessor on an electronic platform made available by Lessor and in accordance with
standards and procedures identified by Lessor. The Application may include fees and no Site
Specific Permit shall be granted before such fees are satisfied. The fee schedule is attached hereto
as Exhibit B and may be amended annually by Lessor without the consent of Lessee. The initial
Application fee is $300 per Pole.
1.2. Emersencv Condition. Any interference or degradation by Lessee Equipment
which, in Lessor's sole opinion, jeopardizes Lessor's utility operations or Electric Facilities or
I
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creates an imminent risk of physical injury.
1.3. Facilities. Any equipment, facilities, or improvements located on or near the Pole
that are owned or operated by Lessor.
1.4. Lessee Equipment. Equipment owned or operated by Lessee which is attached to
the Pole or otherwise used by Lessee on or within the Pole Space that has been pre-approved in
writing by Lessor in accordance with terms and conditions herein.
1.5. LessorApproval. The Lessee Application shall nottake effect as a Site Specific
Permit and shall not operate to make this Master Lease applicable to a Pole unless and until Lessor
provides an approval. Lessor shall not be obligated to approve any Site Specific Leases and may
reject Applications for any reason including but not limited to the following: a) Insufficient
capacity; b) Potential threat to PacifiCorp's system reliability; c) Proposed Attachment and/or
associated Lessee Equipment is considered to be unsafe according to the NESC or PacifiCorp's
Standards; d) Potentially unreasonable interference, as determined by PacifiCorp, with
PacifiCorp's equipment; or e) Pre-existing wireless device or antenna on the Pole or approved to
attach to the Pole.
1.6. Accommodation Work. Lessor may require that certain work be done
("Accommodation" work) to allow the Pole to accommodate the intended Lessee uses. Such
Accommodation work may include the modification or replacement of the Pole. Lessee must
reimburse Lessor for costs related to preparation of an Accommodation work cost estimate,
regardless of whether Lessee accepts or rejects the Accommodation work. Lessee will be
required to pay Accommodation costs, including potentially Pole replacement costs, if the work
is implemented by Lessor.
1.7 . Partv. Lessor or Lessee, as the context requires; "Parties" means Lessor and
Lessee.
1.8. Permitted Uses. Lessee's use of the Pole and Pole Space for the installation,
operation, maintenance, replacement, repair, and removal of Lessee Equipment for the
transmission and reception of wireless communications by Lessee, as specified in a Site Specific
Permit.
1.9. Site Specific Permit. The Site Specific Permit is a Lessor-Approved Application
that makes a particular Pole and Pole Space subject to this Master Lease. The Site Specific Permit
may include provisions for fiber-optic backhaul on adjacent Poles. Where such backhaul is
permitted the Poles associated with support thereof shall be subject to the same terms and
prohibitions in this Master Lease as are applicable to the primary Pole upon which is located the
Lessee Equipment.
I .10. Pole. Lessor's street lighting Pole, whether presently existing or to be reconstructed
may require alterations, upgrades or replacement altogether in order to accommodate Lessee
Equipment and Permitted Uses. The cost of such alterations, upgrades or replacements shall be
fully born by Lessee and will, in most instances and at Lessor's discretion, be a precondition to
the Approval of an Application.
l.ll. Pole Space. That space, described in the Site Specific Permit, on or within each
Pole that Lessor permits Lessee, pursuant to this Master Lease, to attach and install Lessee
Equipment.
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2 Master Lease.
2.1 Pole Space. Subject to the terms and conditions contained herein and the Lessor
Approval of an Application, Lessor agrees to lease the Pole Space to Lessee and Lessee agrees to
lease the Pole Space from Lessor. Lessee acknowledges and agrees that Lessor has made no
representations or warranties, express or implied, regarding: (i) the physical condition of the Pole
or Pole Space; (ii) the suitability of the Pole or Pole Space for Lessee's desired purposes; or (iii)
the state of title of the Pole. Lessee further acknowledges and agrees that Lessee accepts the Pole
Space in "as-is, where-is and with all faults" conditions. Lessor will endeavor to grant or deny an
Application within ninety (90) days of its submission.
2.2 Riehts of Way. Poles are generally located in city rights-of-way and Lessor's right
to use the Poles are frequently limited. Lessee acknowledges and agrees that Lessee shall be solely
responsible and liable for securing any underlying land rights or permits to the extent necessary
for its purposes under this Master Lease. Lessee hereby indemnifies and holds harmless Lessor
with regard to any claim or action associated with Lessee's failure to identiff or secure
supplemental land rights or permits from any and all parties holding an interest in the property
upon which the Pole is located.
2.3 Lessee also agrees and acknowledges that this Master Lease and any Site Specific
Permit are non-exclusive.
2.4 Neither this Master Lease nor any Site Specific Permit shall include the provision
of electrical service. Any electrical service desired by the Lessee shall be secured, if at all, through
separate agreement with Lessor in accordance with Lessor's standard, regulated provision-of-
service protocols. In the event that Lessee accesses Lessor's electrical power in violation of this
section the penalty shall be $ 1000 per day of such violation.
3 II!s.
3.1 Permitted Uses. Lessee may use the Pole Space only for Permitted Uses. Under no
circumstances shall Lessee place any signage, logos, or graphics on the Pole or Lessee Equipment,
except for such signage required by law or required pursuant to this Master Lease.
3.2 Compliance with Governmental Requirements. Lessee's use of the Pole Space
shall be lawful and in compliance with all applicable laws, orders, ordinances, and regulations of
federal, state, county, and municipal authorities and agencies ("Governmental Authorities"),
including but not limited to the Federal Communications Commission ("FCC").
3.3 Conformance to Requirements and Specifications. Lessee shall, at its sole risk and
expense, place and maintain Lessee Equipment in conformity with the requirements and
specification of the National Electrical Safety Code (NESC), National Electric Code (NEC),
requirements of the Commission, and specifications as PacifiCorp shall from time to time
prescribe, including without limitation, PacifiCorp's Small Cell Antenna Installation for
PacifiCorp-Owned, Streetlight-Only Poles (Exhibit C) and PacifiCorp's Small Cell Antenna
Installation Guidelines (Exhibit D). Lessor shall provide sixty (60) days' written notice of
amendments to any specifications PacifiCorp prescribes and such amendments shall not apply
retroactively unless required by law.
3.4 Governmental Approvals. Lessee shall, at its own expense, obtain all
authorizations, approvals, permits, licenses, variances, and certificates from Govemmental
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Authorities having jurisdiction required for Lessee's Permitted Uses, including but not limited to,
all necessary zoning,land use, or similar approvals, and all certificates of public convenience and
necessity, licenses, or similar operating authority from the FCC ("Governmental Approvals").
Lessor agrees to reasonably cooperate with Lessee, at Lessee's sole expense, in obtaining
Governmental Approvals.
3.5 Oualified Workers. Lessee may only allow workers to access the Pole that are
qualified to install, access and maintain electrically-charged facilities and that are qualified to
access elevated work spaces. Lessee shall consult Lessor's list ofpre-approved contractors for
purposes of this section. Lessot's tender of such list hereunder shall not operate as an endorsement
or warranty and no claim may be made against Lessor based on Lessor's approval hereunder.
3.6 Unauthorized Attachments. Lessee must not make attachment of any Lessee
Equipment to PacifiCorp's Poles without obtaining PacifiCorp's written permission as provided
for in this Agreement and in accordance with an executed Site Specific Permit. PacifiCorp may
charge Lessee an unauthorized attachment fee in the amount of $2,500 or an amount as reflected
in the fee schedule in Exhibit B upon the discovery of unauthorized Attachments belonging to
Lessee. The imposition of such charges will be without prejudice to PacifiCorp's right to utilize
additional other remedies, including, but not limited to, the remedies available for default under
this Agreement and any remedies available under the law.
3.7. Inspection Fees. Lessor may inspect Lessee Equipment, during installation and
within one-hundred eighty ( I 80) days of completion of installation and may charge an inspection
fee of $ 150 per inspection or an amount in accordance with the updated fee schedule (Exhibit B).
3.8 Contact. Lessee must provide emergency after hours contact information to Lessor
to ensure proper notification in case of an Emergency Condition. Information will include 2417
telephone and cellphone information, a list of contacts by district (if applicable) and escalation
procedures. Lessee will also provide contacts for Emergency Conditions that arise during normal
business hours if different. Such contact information shall be reflected in each Site Specific Permit
and the latest such Site Specific Permit shall constitute an update of contact information to any
prior Site Specific Permits.
4 Access.
4.1 Risht and Location. Lessee acknowledges and agrees that Lessee's access to the
Pole Space may be restricted at times as a result of Lessor's activities in the normal course of
operating the Pole and any lighting Fixtures located thereon, including activities related to electric
outages and other emergencies. Lessor and Lessee agree to cooperate with one anotherto minimize
any restricted access to the Pole.
4.2 Restricted Access. Any time Lessee accesses the Pole in any manner, Lessee must
use a qualified worker to access and perform work on Lessee Equipment. For electric supply work,
a qualified worker shall be either an employee of Lessor or a contractor from the Lessor's list of
approved contractors.
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5 Interference.
5.1 Applicabilitv. This section is applicable to the cases where Lessor owns or operates
electrical or communication equipment that is attached to the Pole, other than power for lighting.
5.2 Interference Prohibited. Lessee shall not, nor shall it allow its licensees, employees,
invitees, contractors, or agents to engage in any activity on or about the Pole that interferes with
the access or use of the Pole or associated facilities by Lessor; nor shall Lessee permit the
transmission of its electromagnetic signals to cause interference with or degradation of the
transmissions, authorized radio frequencies, or equipment of Lessor. Lessee shall, at its own
expense, eliminate any such interference or degradation as soon as practicable after receipt of
notice by Lessor, which notice may be made by telephone.
5.3 Manual Shut-Off. Lessee shall install and maintain a disconnect switch that can be
operated manually by Lessor at each site for the purpose of powering down Lessee Equipment and
all battery backups in the event an emergency or any other operational need as determined by
Lessor. Lessee may also maintain a disconnect switch that can be operated remotely by Lessee.
Lessee shall place and maintain appropriate signage, containing the site identification number and
a contact phone number for Lessee. Such signage shall be placed in a mutually agreeable location.
Lessor shall have the right to disable, or cause to be disabled any and all of Lessee Equipment
which creates or exacerbates an Emergency Condition in addition to any other right Lessor may
have at law or in equity to bring action to enjoin such interference and to terminate this Master
Lease or any Site Specific Permit. Lessor will give Lessee such advance notice, if any, as
practicable in light of the Emergency Condition. Lessor shall not be liable to Lessee for actions
taken in a good faith belief that Lessee's transmissions or other acts or omissions are creating or
exacerbating the Emergency Condition or that Lessor requires shut-off for operational needs.
Once the work has been completed and the worker(s) have departed the exposure area, Lessor shall
restore power and inform Lessee as soon as possible that power has been restored, which notice
may be made by telephone. The Parties acknowledge that they understand the vital nature of
Lessee's Equipment and agree to limit the frequency of power-downs and to restore power as
promptly as much as reasonably possible.
5.4 Preventing Interference. In order to prevent interference, Lessee shall provide
Lessor with written plans for any material alteration or modification to Lessee Equipment,
including any frequency change or additions outside oflessee's authorized frequency band. Such
plans shall be submitted to Lessor for review at least forty-five (45) days prior to commencing
such work. Lessor shall not unreasonably withhold or delay its review of such plans. Lessor shall
notifr Lessee in writing of any modification to Lessor's Equipment that it reasonably believes may
present a substantial risk of interference with Lessee Equipment. If Lessee determines that it is
not economically practical to correct an interference caused by Lessor's modification, Lessee may
terminate this Master Lease or the Site Specific Permit associated with the interference by
providing wriffen notification to Lessor with no further obligations or liability thereunder except
the obligations accrued to the date of termination.
5.5 Lessor's Use of the Pole. Lessee acknowledges and agrees that Lessor may access
and use the Pole in the normal course of providing service, including activities related to electric
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outages and emergencies of whatever type and however caused. Such access and use shall not
constitute an impermissible interference with Lessee's use of the Pole Space and Lessor shall not
be liable to Lessee as a result of any interference in any way arising from such use.
6 Term.
The term of this Master Lease shall commence on
("Commencement Date") and shall terminate on the tenth (lOth) anniversary of the
Commencement Date, subject to the conditions and provisions set forth in this Master Lease. This
Master Lease shall then automatically renew for a five (5) year renewal term at the conclusion of
each term unless a Party gives written notice to the other Party of intent to terminate. Such notice
of intent to terminate shall be given not less than six (6) months prior to expiration of the term then
in effect and such notice, if timely made, shall operate to terminate any automatic renewal terms.
A termination of this Master Lease shall not operate to terminate the terms in this Master as such
terms may apply to any existing Site Specific Permit existing at the time of such termination. Any
existing Site Specific Permits outstanding at the time of termination of this Master shall have a
remaining term of not less than ten (10) years from the date of termination of the Master. For
avoidance of doubt a termination of the Master effectively terminates Lessor's response to any
request for any additional Site Specific Permits.
7 Lease Fee. Fees. and Taxes.
7.1 Lease Fees. During the term of this Master Lease, Lessee shall pay annual Lease
Fees to Lessor in the initial amount of $500.00 (tlre "Lease Fee") for each Site Specific Permit.
The first annual payment for a Site Specific Permit shall be due within forty-five (45) days of
receipt of invoice from Lessor. Thereafter, Lease Fees will be invoiced in May and are due within
forty-five (45) days of receipt of such invoice. The Lease Fee shall be increased as provided in
Section 7.3 below.
7.2 Pa)rment Address. All payments shall indicate the customer number assigned to
this Lease (SAP number ) and be sent to:
PaciliCorp
Joint Use Administration
P.O. Box 2799
Portland, Oregon 97 208-2799
i o intus e b i ll in s@ oac ili c or p. c o m
Lessee
AT&T Tower Asset Group-Lease Administration
Re: Wireless Installation on Structures
(PacifiCorp) (Idaho)
1025 Lenox Park Blvd
Atlanta, Go 30319-5309
Email : RE Le aseAdmin @ att. co m
Phone: [phone]
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7.3 Increase in Lease Fee. The Lease Fee shall be increased each calendar year (and
will be communicated to Lessee on or before January 1) by three percent (3.0%) of the Lease Fee
due the prior year.
7.4 Additional Costs. In addition to the Lease Fee, Lessee agrees to pay to Lessor as
"Additional Costs": (i) any fees associated with Accommodation work and without regard to
whether Lessor approves a Site Specific Permit; (ii) all expenses incurred by Lessor as a result of
providing access to Lessee as provided in Section 4.0 hereof; and (iii) any reasonable expenses
(using Lessor's standard rate plan for such charges) incurred by Lessor relating to activities
preparatory to attachment of Lessee Equipment including any upgrade, reconstruction or
replacement ofthe Pole to accommodate Lessee Equipment. Payment of such Additional Costs is
due within forty-five (45) days following Lesseeos receipt of invoice from Lessor. If there are
lessees, licensees, or other users in addition to Lessee leasing or using the Pole Space, and it cannot
be determined whether the additional expenses specified herein are attributable solely to Lessee,
then Lessee shall pay its proportionate share of such additional Lease Fee.
7 .5 Holdover Lease Fee. [f Lessee retains possession of the Pole Space after expiration
of this Master Lease or a Site Specific Permit, the Lease Fee for the Pole Space shall be increased
to one hundred fifty percent (150%) of the last Lease Fee applicable to the Pole Space prior to
expiration.
7.6 Taxes. Lessee shall pay when due any taxes, including but not limited to any
personal property taxes assessed on, or any portion thereof attributable to Lessee Equipment or
this Master Lease or a Site Specific Permit, and Lessee's construction, operation, and maintenance
thereof.
7.7 Late Charee. If any payment or Lease Fee by Lessee is not received by Lessor,
Lessor may assess Lessee a late payment charge equal to ten percent (10%) of the overdue
payment. Lessee agrees that this late charge represents a fair and reasonable estimate of the costs
Lessor will incur by reason of Lessee's late payment. Lessor's acceptance of a late charge shall
in no event constitute a waiver by Lessor of Lessee's default for the payment of the overdue
payment; nor prevent Lessor from exercising any of the other rights or remedies granted Lessor
under this Master Lease, or at law or in equity.
7 .8 Response to Notice of Damage or Emergency. In the event that Lessor provides
telephonic notice to Lessee that Lessor believes that an Emergency Condition may exist requiring
immediate removal or repair of Lessee Equipment, then Lessee shall remove or repair Lessee
Equipment within 6 hours of such notice. Lessee failure to so remove or repair Lessee Equipment
shall be deemed an abandonment of such equipment and Lessor may remove and store the
equipment and charge Lessee $1000 for such removal and storage. Lessee shall retrieve the
equipment from Lessor within forty-five (45) days or Lessor shall be entitled to dispose of it.
8 Reconstruction of Pole.
8.1 Construction of Pole. Lessee and Lessor shall agree to the scope and cost of the
Accommodation work in the Application process. Lessee acknowledges that availability of
materials and outage coordination may impact the time frame for such reconstruction. In no event
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shall Lessor be obligated to incur outages, additional costs or losses to meet Lessee's schedule.
8.2 Ownership. Lessor owns the Pole and will continue to own the Pole following any
Accommodation work including any modification or reconstruction of the Pole. Nothing in this
Master Lease, the Application, the Site Specific Permit or the Accommodation work shall be
construed as conferring to Lessee any ownership of the Pole.
8.3 Failure to Complete. Except for Lessor's gross negligence or willful misconduct,
failure of Lessor to complete construction within a certain time shall not be a default under this
Master Lease, the Application, the Site Specific Permit or the Accommodation work, nor shall
Lessor be liable to Lessee for any loss or damage of any type or kind resulting therefrom.
8.4 Completion. Lessor shall noti$ Lessee in writing upon completion of construction
of planned modification or reconstruction of the Pole. Lessee may not attach Lessee Equipment
to the Pole before receipt of such notice.
9 Lessee Equipment.
9.1 Initial Installation: Subsequent Modification. Upon the completion of any
Accommodation work and following Notice to Proceed from Lessor, Lessee shall have the right,
at its sole cost and expense, to install Lessee Equipment on and within the Pole Space, as described
in Exhibit A. Subject to this Master Lease, and upon payment to Lessor of an application fee,
Lessee may have the right to add, modi$, or remove Lessee Equipment during the term of this
Lease, provided that any material addition, modification or removal of Lessee Equipment shall be
subject to the prior written consent of Lessor, which consent shall not be unreasonably withheld,
delayed, or conditioned.
Any installation, modification, repair or replacement work shall be performed by either Lessor or
a qualified contractor pre-approved by Lessor in writing and in Lessor's sole discretion. Prior to
commencing any installation, modification, maintenance, repair or removal of Lessee Equipment,
Lessee shall provide Lessor with a written description of Lessee Equipment and its plans for such
installation, modification, maintenance, repair or removal. Such description and plans may be
approved in Lessor's sole discretion. Lessor's approval shall be provided to Lessee in writing.
All of Lessee's work shall be performed at Lessee's sole cost and expense, in a good and
workmanlike manner, and in accordance with provisions of this Master Lease, the Site Specific
Permit or any applicable laws, ordinances and regulations. Such work shall not adversely affect
the structural integrity, maintenance, operations, or use of the Pole by Lessor, and shall not
interfere with or adversely affect any Facilities or access thereto. Any plans for structural
modification to the Pole to accommodate attachment of Lessee Equipment must be reviewed and
approved by a licensed structural engineer and submitted for Lessor's review and approval.
Notwithstanding the foregoing, subsequent to installation of the original Equipment approved by
Lessor, Lessee may, without submitting a new application, modiff or replace all or a portion of
the Equipment so long as such modification or replacement (a) results in the installation of
equipment within the spaces designated or depicted in the Site Specific Permit (b) the resulting
installation does not increase the load on the applicable pole beyond the loading or utilization, if
any, that was established in the original application.
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9.2 Damage. With the exception of reasonable wear and tear, Lessee's use may not
damage, destroy, or impair the structural integrity of the Pole in any way. In the event of any such
damage, destruction, or impairment caused by Lessee's use of the Pole, Lessor, or one of Lessor's
approved contractors, may repair or replace such Pole at Lessee's expense and Lessee shall pay
such costs as Additional Costs.
9.3 Maintenance and Repair. Lessee shall, at its own expense, keep and maintain
Lessee Equipment in commercially reasonable condition and repair. Lessor shall not be obligated
to incur costs or loss of revenue or otherwise assist Lessee in meeting such obligations. Such
maintenance and repair shall be performed in accordance with the provisions of this Master Lease
and the Site Specific Permit.
9.4 Utilit), Service. Lessee shall be responsible to provide any necessary connection
on or from Lessee Equipment for the provision of electric service to Lessee Equipment, and Lessee
shall pay all electric utility charges for electricity consumed by Lessee Equipment.
9.5 Insoection. Lessor shall be entitled at any time and without notice to Lessee to
inspect the Pole Space and Lessee Equipment. Lessor shall conduct its inspections in a manner
that will reasonably minimize the disruption of Lessee's Permitted Uses.
9.6 Title. Modification and Removal. Lessee Equipment shall remain the exclusive
personal property of Lessee and shall not be deemed by Lessor to be fixtures or real property
regardless of the manner of attachment to the Pole. Subject to the requirements of Section 4.2,
immediately, upon expiration or termination of this Master Lease or the Site Specific Permit,
Lessee shall remove all of the Lessee Equipment, and any other property which it installed on the
Pole, at Lessee's sole expense. If Lessee fails to remove any Lessee Equipment or other property
within sixty (60) days after such expiration or termination of this Master Lease or Site Specific
Permit, Lessor may remove all or any part of such Lessee Equipment or other property in a
commercially reasonable manner at Lessee's cost and expense; provided, however, that Lessor
shall not have any obligation to store such Lessee Equipment for a period exceeding thirty (30)
days. Lessor shall not be deemed to have assumed any obligation to any pafi holding a security
interest in the Lessee Equipment, and Lessee shall remain liable to such secured party.
9.7 Eneineerine Standards. Lessee shall follow all engineering standards published by
Lessor in accordance with Exhibits C and D. Such standards may be updated by Lessorupon sixty
(60) days' notice to Lessee. Updates shall not apply retroactively unless required by law.
10 Co-Location.
Lessor's Approval of a Site Specific Permit is not intended to generate any co-
location of Lessee's Equipment with that of another party. However, if Lessor so approves the
Lessee may be permitted to locate multiple telecommunication units on the same Pole.
11 Termination Prior to Expiration.
11.1 Termination of Site Specific Permit By Lessor. Lessor may terminate a Site
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Specific Permit as follows:
a. Immediately upon an Event of Default (as defined herein) by Lessee
pertaining to the Site Specific Permit that is not cured within the applicable time frame provided
in this Master Lease.
b. Immediately in the event of condemnation ofthe property on which the Pole
to which the Site Specific Permit pertains is located as of the date the condemning authority takes
possession, or the date of vesting of title in the condemning authority, whichever first occurs, as
indicated herein.
c. Immediately upon written notification from Lessor that any public utility
commission having jurisdiction fails to approve or disapproves this Master Lease or any Site
Specific Permit.
d. Upon forty-five (45) days' prior written notice in the event that Lessor is
notified that any underlying authority, e.g., franchise grantor, Lessor to Lessor or easement grantor
to Lessor, finds that the Site Specific Permit is inconsistent with or conflicts with the use granted
to Lessor.
e Immediately upon written notice that a governmental authority associated
with the permitting of the Lessee Equipment or modification of the Pole to which the Site Specific
Permit pertains provides notice to Lessor or Lessee of non-compliance and Lessee does not cure
within the period provided by the governmental authority.
f. Upon forty-five (45) days' prior written notice where Lessor has the
obligation to construct any Pole and Lessor faces significant opposition to the construction of such
Pole by any third party or the public sector, as determined in the reasonable discretion of Lessor.
During the forty-five (45) day period, Lessee may, at its expense, placate or otherwise overcome
the opposition and Lessor will reasonably cooperate in that attempt to resolve such opposition in
order to be able to proceed with construction of the Pole.
g. Upon forty-five (45) days' prior written notice when the Pole upon which
Lessee Equipment pursuant to the Site Specific Permit is attached is taken out of service by Lessor
or removed, upgraded, or modified in a manner that Lessee Equipment becomes incompatible with
Lessor's use of the Pole. In such event, Lessor shall make a good faith effort to work with Lessee
to relocate its Lessee Equipment to a mutually agreeable location or to allow Lessee to make such
modifications that will allow Lessee to continue to utilize the Pole Space for its Permiffed Uses.
Such modification or relocation shall be made at Lessee's sole expense.
ll.2 Termination of Site Specific Permit By Lessee. Provided that Lessee is not in
material default of this Master Lease, Lessee may terminate a Site Specific Permit as follows:
a. Immediately upon an Event of Default (as defined herein) by Lessor
pertaining to the Site Specific Permit, which is not cured within thirty (30) days after written notice
of the default to Lessor; or, if such default is not curable within thirty (30) days, if Lessor fails to
commence such cure within thirty (30) days or fails thereafter diligently to pursue such cure to
completion.
b. Immediately in the event of condemnation of the property upon which any
Pole to which the Site Permit pertains is located as of the date the condemning authority takes
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possession, or the date of vesting of title in the condemning authority, whichever first occurs or in
the event of casualty, in accordance with Section 12 below.
c. Upon forty-five (45) days' prior written notice if Lessee is unable to obtain
or maintain, after reasonable efforts to do so, any governmental approvals necessary for
construction, installation, operation and maintenance of the Lessee Equipment with respect to the
Site Specific Permit.
d. Upon forty-five (45) days' prior written notice to Lessor in the event that
Lessee reasonably determines that any electronic emissions by Lessor materially interfere with the
operation of Lessee Equipment to which the Site Specific Permit pertains and such interference is
not eliminated as provided herein.
e. Upon forty-five (45) days' prior written notice to Lessor in the event that
Lessee determines in its sole judgment that operation of Lessee Equipment to which the Site
Specific Permit pertains is not consistent with Lessee's business operations.
I 1.3 Termination of Master Lease. A Party may terminate this Master Lease if there are
three (3) or more Events of Default (as defined herein) by the other Party that are not cured within
the applicable time frame provided in this Master Lease and that occur within any three (3) year
period. Termination of this Master Lease shall not extinguish any accrued obligations of the
Parties.
12 Condemnation and Casualtv.
l2.l Condemnation. If at any time during the term of this Lease, all or substantially all
(meaning the remaining portion thereof shall not be of sufficient size or condition to permit the
continuation of Lessee's use in a commercially reasonable manner) of the property upon which
the Pole is located shall be taken in the exercise of the power of eminent domain by any
governmental authority or other person or entity possessing such power, or by deed in lieu of
condemnation, then the Site Specific Permit shall automatically terminate, effective as of the date
of possession by the condemning authority or the vesting of title in the condemning authority,
whichever first occurs. Lessor and Lessee shall each be entitled to pursue their own separate
condemnation awards.
12.2 Casualty. Upon an event of casualty which destroys all or part of the Pole Space,
Lessor, shall, in its sole discretion, determine whether to reconstruct that portion of the Pole Space
which is destroyed. [f Lessor elects not to reconstruct, Lessee may terminate the Site Specific
Permit upon the date of destruction.
13 Insurance Requirements.
l3.l General. Without limiting any liabilities or any other obligations of Lessee, Lessee
shall, prior to the commencement of the lease, secure and continuously carry with insurers having
an A.M. Best Insurance Reports rating of A-VII or better such insurance as will protect Lessee from
liability and claims for injuries and damages (i) which may arise out of or result from Lessee's
operations under the Lease and (ii) for which Lessee may be legally liable, whether such operations
are by Lessee or a Subcontractor, or by anyone directly or indirectly employed by any of them, or
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by anyone for whose acts any of them may be liable. Lessee shall insure the risks associated with
the Lease and this Agreement with minimum coverages and limits as set forth below:
a. Workers' Compensation. Lessee shall comply with all applicable Workers'
Compensation laws and shall furnish proof thereof on an ACORD form certificate of insurance
provided to Lessor prior to commencing work under this Lease or Site Specific Permit.b. Employers' Liabilitv. Lessee shall maintain employers' liability insurance
with limits not less than a single limit of $1,000,000 each accident, $1,000,000 by disease-each
employee, and $1,000,000 by disease-policy limit.c. Commercial General Liability. Lessee shall maintain commercial general
liability insurance on the most recently approved ISO policy form CG 00 01, or its equivalent,
written on an occurence basis, with limits not less than $2,000,000 each occurrence/ $4,000,000
general aggregate and shall include the following coverage:i. Premises and Products/Completed Operations coverageii. Independent contractors' coverage
iii. Contractual liability
iv. Broad form property damage liability
v. Personal and advertising injury liability, with the contractual exclusion
removed
d. Business Automobile Liabilitv. Lessee shall maintain business automobile
liability insurance on the most recently approved ISO policy, or its equivalent, with a minimum
single limit of $1,000,000 per accident for bodily injury and property damage with respect to
Lessee's vehicles whether owned, hired or non-owned, assigned to or used in the performance of
work under this Lease or Site Specific Permit.e. Umbrella/Excess Liabilitv. Lessee shall maintain umbrella or excess
liability insurance with a minimum limit of $5,000,000 each occurrence/$5,000,000 aggregate
where applicable, on a following form basis to be excess of the insurance coverage and limits
required in Employers' Liability insurance, Commercial General Liability insurance and Business
Automobile Liability insurance above. Upon reasonable request by Lessor, Lessee shall notify
Lessor if its full umbrella/excess limit required herein is not available during the term of this Lease.
Lessee may use any combination of primary and excess insurance to meet the total limits required.f. Right to Self-Insure. Notwithstanding the forgoing, Lessee may, in its sole
discretion, self-insure any of the required insurance under the same terms as required by this
Agreement. In the event Lessee elects to self-insure its obligation under this Agreement to include
Lessor as an additional insured, the following conditions apply: (i) Lessor shall promptly and no
later than thirty (30) days after notice thereof provide Lessee with written notice of any claim,
demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Lessee
with copies of any demands, notices, summonses, or legal papers received in connection with such
claim, demand, lawsuit, or the like; (ii) Lessor shall not settle any such claim, demand, lawsuit, or
the like without the prior written consent of Lessee; and (iii) Lessor shall fully cooperate with
Lessee in the defense of the claim, demand, lawsuit, or the like.
PacifiCorp does not represent that the insurance coverages specified herein (whether in
scope ofcoverage or amounts ofcoverage) are adequate to protect the obligations ofLessee, and
Lessee shall be solely responsible for any deficiencies thereof.
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Except for workers' compensation, the policies required herein shall include provisions or
endorsements naming PacifiCorp, its parent, divisions, affiliates, subsidiary companies, co-
lessees, co-venturers, officers, directors, agents, employees, servants and insurers as additional
insureds or loss payees by endorsement as respects this Agreement, as applicable to specific
insurance coverage. The commercial general liability additional insured endorsement shall be ISO
Form CG 20 10 and ISO Form CG 20 37, or their equivalents.
To the extent of Lessee's negligent acts or omissions, all policies required by this Lease
shall include: (i) provisions that such insurance is primary insurance with respect to the interests
of PacifiCorp and that any other insurance maintained by PacifiCorp (including self-insurance) is
excess and not contributory insurance with the insurance required hereunder; and (ii) provisions
that the policy contain a cross liability or severability of interest (or separation of insureds) clause
or endorsement in the commercial general liability and automobile liability coverage. Unless
prohibited by applicable law, all required insurance policies shall contain provisions that the
insurer will have no right of recovery or subrogation against PacifiCorp, its parent, divisions,
affiliates, subsidiary companies, co-lessees or co-venturers, agents, directors, officers, employees,
servants, and insurers, it being the intention ofthe Parties that the insurance as effected shall protect
all of the above-referenced entities evidenced by waiver of subrogation wording.
A certificate of insurance shall be fumished to PacifiCorp confirming the issuance of such
insurance prior to commencement of this Lease or Work by Lessee. Lessee shall not cancel or
reduce limits of liability without (i) ten (10) calendar days prior written Notice to PacifiCorp if
canceled for nonpayment of premium; or (ii) thirty (30) calendar days prior written Notice to
PacifiCorp if canceled for any other reason unless replaced without any gap in coverage. Lack of
notification shall be considered a material breach of this Lease or Contract.
Lessee shall require Subcontractors who perform Work at the Work Site to carry liability
insurance (auto, commercial general liability and excess) and workers' compensation/employer's
liability insurance commensurate with their respective scopes of work. Lessee shall remain
responsible for any claims, lawsuits, losses and expenses included defense costs that exceed any
of its Subcontractors' insurance limits or for uninsured claims or losses.
14 Indemnification.
l4.l Indemnitv Claims. Lessee shall indemnify, protect, and hold harmless Lessor and
its directors, officers, employees and agents (hereinafter collectively "Lessor Indemnified Parties")
against and from any and all claims, demands, suits, losses, costs and damages of every kind and
description, including attorneys' fees and/or litigation expenses, brought or made against or
incurred by the Lessor Indemnified Parties resulting from, arising out of, or in any way connected
with any act, omission, fault or negligence of Lessee, its employees, agents, licensees,
representatives or contractors, their employees, agents or representatives in the performance or
nonperformance of Lessee's obligations under or in any way related to this Lease except to the
extent that such claim, demand, loss, cause of action, or costs arises solely from Lessor's gross
negligence or willful misconduct.
14.2 Brokerage Indemnitv. If either party is represented by a real estate broker in
connection with this Lease, that party shall be fully responsible for any fee due such broker and
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shall hold the other party hereto harmless from any claims for commission or fee by such broker.
15 Asreement Notices.
Except as specifically provided elsewhere in this Lease for telephonic notice, all notices, requests,
demands and other communications hereunder shall be in writing and shall be deemed given if
personally delivered or mailed, certified mail, return receipt requested, or sent by express carrier
to the addresses set forth herein. Addresses for notice may be changed by giving written notice of
the change in the manner set forth herein. Where notice by telephone is provided for in this Lease,
Lessor and Lessee shall call the numbers listed below.
For notices regarding a matter which relates to particular Pole(s) and/or Lessee Equipment, the
notice shall provide sufficient specificity to allow Lessee to reasonably determine the location(s)
of the Pole(s) and/or Lessee Equipment, and the issue(s) related thereto.
Lessor:
PacifiCorp:
Joint Use Adminishation-Contracts
825 NE Multnomah St., Suite 1700
Portland, Oregon 97232
Lessee:
New Cingular Wireless PCS, LLC
Attn: Tower Asset Group - Lease
Administration
Re: Wireless Installation on Structures
(PacifiCorp) (Idaho)
1025 Lenox Park Blvd NE, 3d Floor
Atlanta, GA 30319
Phone: [phone]
j ointusecontracts@pacifi coro.com
With a copy to:
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept. - Network
Operations
Re: Wireless Installation on Structures
(PacifiCorp) (Idaho)
208 S. Akard Street
Dallas, TX75202-4206
Operational Notice
All notices regarding permitting and other communications regarding day-to-day operations will
be submitted by the Parties via ENS if designated by PacifiCorp, or via e-mail at the addresses set
forth below or at such other address as a Party may designate for itself from time to time by written
notice.
PacifiCorp:
jointuse@nacifi corp.com
New Cingular Wireless PCS, LLC:
[e-mail]
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16 Authoritv.
Each Party covenants and warrants to the other that it has full right, power, and authority
to execute this Master Lease and that the execution and perforrnance thereof will not violate any
applicable laws, ordinances or covenants, or the provisions of any agreement binding on that party.
Each Party represents that its representative who executes this Master Lease has been duly
authorized to do so by appropriate corporate action.
17 Consent and Subordination.
l7.l Consent. This Master Lease is subject to any restrictions or other terms or
conditions contained in any underlying ground lease, license, franchise or permit that are
associated with the Pole subject to the Site Specific Permit, and Lessee acknowledges and agrees
to commit no act or omission that would constitute a default under any such ground lease, license,
franchise or permit. Lessee shall conduct all appropriate research to determine if a Pole is subject
to any underlying restrictions
17.2 Subordination. Lessee acknowledges and agrees that this Lease and the Pole
subject to any Site Specific Permit is subject and subordinate at all times to:
i. the lien of all mortgages and deeds of trust securing any amount or amounts
whatsoever which may now exist or hereafter be placed on or against any Pole or against Lessor's
interest therein, and
ii. any underlying ground lease, license, or permit, all without the necessity of
having further instruments executed by Lessee to effect such subordination. Lessor agrees to use its
best efforts to obtain a non-disturbance agreement, at Lessee's expense, from the holders of any such
lien, ground lease, license, permit or future franchise agreements if required for Lessee to engage in
Permitted Uses.
18 Environmental Laws.
18.1 Terms. As used herein, the term "Environmental Laws" shall mean any and all
local, state or federal statutes, regulations, or ordinances pertaining to the environment or natural
resources. As used herein, the term "Hazardous Substance" shall mean any toxic or hazardous
waste or substance that is regulated by Environmental Laws.
18.2 Compliance with Environmental Laws. Lessor and Lessee each represent, warrant
and agree that they will conduct their activities on and about the Pole in compliance with all
applicable Environmental Laws.
18.3 Indemnification. Each Party agrees to defend, indemnify and hold harmless the
other Party and its affiliates from and against any and all claims, causes of action, demands and
liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines,
losses, judgments and attorney's fees (at trial and appeal) that the indemnified party may suffer
due to the existence or discovery of any Hazardous Substance on any property on which the Pole
is located or the migration of any Hazardous Substance to other properties or released into the
environment, that are caused by or result from the indemnifiing party's activities on such properly.
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lndemnification herein specifically includes costs incurred in connection with any investigation of
conditions or any cleanup, remediation, removal or restoration work required by any
Govemmental Authority on such propefty. The provisions of this Section will survive the
expiration or termination of this Master Lease and any Site Specific Permit.
19 Subleasins and Assisnment.
19.1 Lessee's Rights. Without the prior written consent of Lessor, Lessee shall not
assign this Master Lease nor any Site Specific Permit, nor any of Lessee's rights with respect
thereto, including without limitation any assignment to a third party of any radio frequency used
by Lessee on the Pole Space, nor sublet any Pole Space, nor relinquish possession of any Pole
Space or any part thereof nor permit any other person to use any Pole Space or any part thereof.
In the event that Lessor agrees to a proposed assignment then any assignee shall assume Lessee's
obligations under this Lease in writing. No assignment shall relieve Lessee of its obligations
hereunder unless so agreed by Lessor in writing. Lessee agrees to pay Lessor a processing and
review fee of Two Thousand Dollars ($2,000) payable with its request(s) for approval of a transfer,
assignment or sublet. Notwithstanding the foregoing, upon thirty (30) days' written notice, either
Party may assign this Master Lease and its rights and obligations to (a) an Affiliate or (b) in
connection with the sale or other transfer of substantially all of Lessee's Equipment in the FCC
market area where the Equipment is located.
19.2 Lessor's Rishts. Lessor may assign this Master Lease a Site Specific Permit, or
any of its rights with respect thereto, and may sell, transfer, or encumber any Pole Space, without
the approval or consent of Lessee, provided that any such sale, transfer, or encumbrance is made
subject to this Lease. Lessor shall give written notice to Lessee of any assignment.
L9.3 No Securitv Interest. Lessee may not encumber or make this Master Lease, Site
Specific Permit or the Lessee Equipment subject to any form of security interest.
20 Default and Remedies.
20.1 Default by Lessee. The occurrence of any one or more of the following events
constitutes an "Event of Default" by Lessee:
a. Lessee fails to pay Lease Fees or any amounts due under this Master Lease
within thirty (30) days after written notice that such payment is past due;
b. Lessee fails to eliminate any Lessee-caused interference with or degradation
of transmissions from Lessee Equipment within the time allowed by this Master Lease;
c. A petition is filed by or against Lessee under the Federal Bankruptcy Code
or any similar law or statute of the United States or any state (and with respect to any petition filed
against Lessee, such petition is not dismissed within sixty (60) days after the filing thereof); Lessee
is adjudged bankrupt or insolvent; a receiver, custodian or trustee is appointed for Lessee or for
any of the assets of Lessee, which appointment is not vacated within thirty (30) days of the date of
the appointment; Lessee becomes insolvent and is unable to pay its debts as they become due; or
makes a transfer in fraud of creditors; or
d. Lessee fails to perform or observe any other term or condition of this Master
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Lease and such failure continues for thirty (30) days after written notice from Lessor; or, if such
failure is not curable within thirty (30) days, if Lessee fails to commence such cure within thirty
(30) days or fails thereafter diligently to prosecute such cure to completion.
e. Lessee fails to place and maintain Lessee Equipment in conformance with
the requirements outlined in 3.3.
20.2 Default by Lessor. The occurrence of the following event constitutes an "Event of
Default" by Lessor: Lessor fails to perform or observe any other term or condition of this Master
Lease and such failure continues for thirty (30) days after written notice from Lessee; or, if such
failure is not curable within thirty (30) days, if Lessor fails to commence such cure within thirty
(30) days or fails thereafter diligently to prosecute such cure to completion.
20.3 Remedies. In addition to or in lieu of termination of a Site Specific Permit or this
Master Lease as provided for herein, the Parties shall have the right to pursue any other remedy at
law or in equity, in which event the non-prevailing party shall be obligated to pay the prevailing
party's reasonable attorney fees and costs of court. The rights granted in this Master Lease are
cumulative of every other right or remedy that the enforcing party may otherwise have at law or
in equity or by statute, and the exercise of one or more rights or remedies will not prejudice or
impair the concurrent or subsequent exercise of other rights or remedies.
2l Additional Provisions.
2l.l No Joint Venture or Partnership. Neither this Master Lease, nor the actions of either
Party with respect thereto or with respect to each other, shall be deemed to create a partnership,
joint venture, or agency relation between the Parties.
21.2 No Waiver. No provision of this Master Lease shall be deemed to be waived by
either Party unless the waiver is in writing and signed by the Party against which enforcement is
attempted. No custom or practice course of dealing that may develop between the Parties in the
administration of the terms of this Master Lease or course of performance or failure of either Party
to enforce any term, right or condition is to be construed to waive or lessen any Party's right to
insist upon strict performance of the terms of this Master Lease.
21.3 Severabilitv. In the event that any part of this Master Lease is found by a court of
competent jurisdiction to be illegal, or in violation of public policy, or for any other reason
unenforceable, such finding shall in no event invalidate or render unenforceable the other parts of
this Master Lease.
21.4 Applicable Law. In the event that legal action is required to enforce this Master
Lease or any remedy pursuant thereto, this Master Lease shall be interpreted and enforced
according to the laws of the jurisdiction where the Pole is located.
21.5 Force Majeure. Except for the late payment of monies due underthis Master Lease,
neither Party shall be deemed in default hereunder for any delay or failure in the performance of
its obligations to the extent that such inability shall be due to causes beyond the control of the
Palfi seeking to invoke this provision, including, but not limited to, the following: (a) the
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operation and effect of any rules, regulations and orders promulgated by any regulatory
commission, municipality, or governmental agency of the United States of America or any state,
territory or political subdivision thereof; (b) restraining order, injunction or similar decree of any
court; (c) war; (d) earthquake, fire or flood; (e) act of God; (f) civil disturbance; (g) shikes, labor
stoppages or boycotts; or (h) major equipment breakdown or failure. The Party claiming Force
Majeure under this provision shall provide prompt written notice to the other Party and shall make
every reasonable attempt to mitigate or remedy the cause thereof as diligently and expeditiously
as possible. Time periods for performance obligations of Parties herein shall be extended for the
period during which Force Majeure was in effect.
21.6 Master Lease Construction. The Parties hereto acknowledge and agree that each
has been represented by counsel and that it is the intention and agreement of the Parties hereto that
the language, terms and conditions of this Master Lease is not to be construed in any way against
or in favor of any Party by reason of the responsibilities in connection with the preparation of this
Master Lease. In construction of this Master Lease, the singular includes the plural, and the plural
the singular, and words in the present tense include the future tense, as the context requires; section
headings are for convenience only, and shall not be considered in construction of the text.
21.7 Counterparts. This Master Lease may be executed in any number of counterpart
copies, each of which shall be deemed an original instrument, but all of which together shall
constifute one agreement.
21.8 Entire Agreement. This Master Lease shall constitute the entire agreement and
understanding of the Parties with respect to the subject matter thereof, and supersede all offers,
negotiations and other agreements with respect thereto. Any amendment to this Master Lease
must be in writing and executed by the authorized representatives of both Parties.
2I.9 Successors and Assigns. This Master Lease shall be binding upon and inure to the
benefit of the Parties, their respective successors and permitted assigns.
21.10 Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH
OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY
IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER
OR IN CONNECTION WITH THIS MASTER LEASE. EACH PARTY FURTHER WAIVES
ANY RIGHT TO CONSOLIDATE, OR TO REQUEST THE CONSOLIDATION OF, ANY
ACTION IN WHICH A ruRY TRIAL HAS BEEN WAIVED WITH ANY OTHERACTION IN
WHICH A ruRY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.
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IN WITNESS WHEREOF, the Parties have executed this Master Lease as of the date last
written below.
Lessor:Lessee
PACIFICORP,
an Oregon corporation
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its Iyla.r5ggg6,*o ",
LruEx.$"#-By By:
wayne wooten
Printed:Printed:
Title:Title:Di rector
Date:Date:L/27 /202L
@ E
ID PacifiCorp/New Cingular MLA SLO
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DocuSign Envelope lD: FECA65E&'052$45AE-AB8&59E2AAE07627
EXIIIBIT A
APPLICATION AI\D APPROVAL PROCESS
PACIHCORP.OWNED LIGHT POLE, NON.METERED SERYICE
The following process information should be used as a guide to aid PacifiCorp (Lessor) and Lessee
with processing requests and applications received from entities/Lessees interested in Lessor's sites.
l) Inquiries:
a) Before submitting an Application (defined below), an entity may require assistance with gathering
the necessary info/documentation needed to submit a complete application. Inquiries of this nature
can be sent to: [e-mail].
b) The e-mail should include, at a minimum, the site's location/address (including a facility point
number if available), a brief descripion of the pole (e.g. material, height, etc.) and its intended use
in addition to the street lighting information the applicant is seeking. A photo of the streetlight
pole(s) is not mandatory but will aid in the prompt handling of the inquiry. Lessor may require
additional information in its reasonable discretion.
c) Lessor will use its best efforts to provide response to Lessee inquiries within 10 business days after
Lessor receives the Inquiry and minimum information noted above.
2) Ensineerine Studv:
a) It is the responsibility of Lessee to perform a stuctural analysis on all potential PacifiCorp-owned
wood streetlight-only sites, as part of their application submittal ("Engineering Study"). The
structural analysis results should demonstrate adequate shength and capacity for all existing and
proposed equipment.
b) Upon request, Lessor will provide, at Lessee's request, all information needed to perform a structural
analysis applicable to the site and its intended use.
c) Equipment exceeding the weight limits or dimensions defined in the BHE DSG-JU-0I - Small Cell
Antenna Installation Guidelines, Exhibit D will be considered on a case-by-case basis upon receipt
of a PE-stamped design and pole loading calculations demonstrating that the proposed installation
will not adversely affect the existing facilities.
d) Any streetlight pole replaced to meet the needs of a small cell installation may require an LED
upgrade. Upgraded equipment should be reflected in the Lessee's Engineering Study, if applicable;
the cost of the LED upgrade is the responsibility of the Lessee.
3) Apnlication:
a) If Lessee elects to proceed with further vetting of a potential site determined initially viable, then
Lessee will submit to Lessor a completed online application (3'Application") (from Pacific
Power/Rocky Mountain Power's website) whose format may change from time to time, or in any
other format acceptable to Lessor, accompanied by an application fee as shown in Master Lease
Agreement, Non-Exclusive, Light Pole Attachments, Exhibit B.
b) Upon receipt of a complete Application, Lessor will request supplemental information to aid in its
prompt processing including, but not limited to, the following:i) Load sheet
ii) Engineeringdrawings
iii) Manufacturer specifi cations
iv) Photo(s) of current pole
Exhibit A - Site App & Approval Process Page I of 3
Docusign Envelope lD: FECA658&0529-45AE-A880-59E24AE07627
v) Photo sim or rendering of pole depicting proposed equipment
vi) Structural analysis demonstrating the proposed pole has sufficient strength and capacity for all
existing and proposed equipment.
c) Engineering Design Approval: Lessee will provide Lessor with engineering drawings for review
in a format mutually agreeable to Lessor and Lessee. These will include construction
designs/drawings, plans, and/or specifications for any alterutions to the existing site necessary for
its intended use. Lessor will review and reject or conditionally approve the construction plan. If
conditionally approved, Lessor will also provide an estimate of construction costs for Lessee
approval.
4) Lessor Apnroval or Reiection of Apnlication:
a) Once all supplemental information requested is received, Lessor's final approval and notice to
proceed with construction will be contingent upon Lessor's approval of the Application,
construction plans, a passing structural analysis and evidence that receipt ofjurisdictional approvals
have been secured (if applicable) as identified below:
D Lessor will reject sites where the structural analysis indicates that the equipment to be
installed will exceed 100% of the installation site's existing structural capacity.
Alternatives such as strucfure modificationso replacements, or alternative sites will be
reviewed and considered by Lessor.
ii) Sites that have a passing structural analysis report, Lessor will provide a letter authorizing
to proceed with the Application.
iii) 3'd Partv Approvals (if applicable): Upon request Lessee will submit, to the satisfaction of
the Lessor, verification that all necessary 3'd party approvals have been acquired for the
intended use at the potential site.
iv) Underlyine Land Rishts: Upon request Lessee will submit, to the satisfaction of the
Lessor, verification that all necessary underlying land rights have been acquired for the
intended use at the potential site.
b) Rejected Applications: Lessor will provide written notice of all rejected sites including an
explanation of the reasons for the denial for each facility.
5) PacifiCorn Accommodation and/or Line Extension Construction (if aonlicable): If a site requires
PacifiCorp to perform accommodation work, the Lessee will not be able to proceed with their work
until Lessor's work is complete. This work will not include the power service portion of the site's
construction.
a) Metal Streetlight-Only Poles: These customized poles will be ordered on a case-by-case basis upon
Lessor's approval of an Application; the construction schedule is subject to supplier lead times.
Construction will be completed by Lessor or Lessor's pre-approved vendor; Lessee has the option
to use same Lessor pre-approved vendor for site installation.
b) Wood Streetlight-Only Poles: Construction will be completed by Lessor or Lessor's pre-approved
vendor; Lessee has the option to use same Lessor pre-approved vendor for site installation
6) Site Installation:
Once conditional approval is granted and all applicable accommodation work is complete, Lessee
will be allowed to proceed with their site's installation. Parties will work together to ensure the other
is aware of the planned and actual construction schedules.
Exhibit A - Site App & Approval Process Page 2 of3
DocuSign Envelope lD: FECA658B{52$45AE-AB8O-59E2AAE07627
7) Power Senice:
a) Non-Metered: Service hook-up will be initiated upon Lessee request and scheduled through
Lessor's local district office.
b) Metered: Requests for metered service can be submitted via an online request form; contact
Lessor's Business Center for additional information at [phone].
8) Points of Contact for Exhibit A Chanees: Any changes to these procedures shall only be effective
when agreed to by the designated point of contact below for each party, which point of contact each
party may change from time to time upon reasonable notice to the other party. Each party's point of
contact is set forth below:
Lessor Point of Contect
Diana Winchester
Manager, Joint Use Confacts
503-813-6590
diana.winchester@pacifi corp.com
Lcssee Point of Contect:
Contact Name
Title
Phone
Email
Exhibit A - Site App & Approval Process Page 3 of3
DocuSign Envelope lD: FECA658&,052$45AE-AB8&,59E2ME07627
Exhibit B
Page I ofl PacifiCorp
Fee schedule for non-recurring charges
Effective January 7,z\2o,the following fees will be effective for wireless attachments on PacifiCorp
owned streetlight poles:
l. Per Pole application processing fee (ENS or written)
2. Annual lease fee ('base rent")
3. Process & review for transfer assignment or sublet
$300.00
$s00.00
s2,000.00
$1s0.004. Inspection fees:
Applicable for pre-construction, during construction and post-consfiuction inspections
Performed by the Lessor.
5. Accommodation costs
6. Engineering / Estimating
actual costs
actual costs
7. Unauthorized attachments s2,500.00
8. Unauthorized use of power $1,000.00 per day
9. Removal and Disposal of equipment $1,000.00
This Fee Schedule is subject to change and may be modified once a year by PacifiCorp upon written
notice to Licensee
v.2Issued 0412112020 Streetlight Pole Fee Schedule
DocuSign Envelope lD: FECAS5E&,052$45AE-A88tr59E244E07627
\ms#smP
SMALL CELL ANTENNA INSTALLATION
FOR PACIFICORP-OWNED, STREETLIGHT.ONLY POLES
Joint Use / Engineering Standards Policy #349
Author:
Approval:
Authoring Department:
Approved File Location:
File Number-Name:
RevisionNumber:
Revision Date:
David Rubenstein, Lisa Walker
JeffKent
Joint Use / Engineering Standards
Pacifi Corp.us\DF S\PDXCO\SHR04\Eng\Publications\FPP
349-Small Cell Antenna Installation.docx
0
t0l2/2019
b1' the oulhoritlg departnpnt and prrtc'e,tset{ h1'engineering prtblicalions. [e-mail] .
x ExtemalConfidential
Restricted BES Cyber System Information (BCSI)
x Intemal
Document Security Category
Initial issue.0 t0l2l20l9
Revision Log
DocuSign Envelope lD: FECA658B-052$45AE-AB8O-59E2AAE07627
Y PacrnCoRP
A e&xlg{nE IU{THAWAY ElrEicY COilmNY
SMALL CELL ANTENNA INSTALLATION
FOR PACIFICORP-OWNED, STREETLIGHT-ONLY POLES
Joint Use / Engineering Standards Policy #349
I Scope
This document sets out the requirements for smal! cel! attachments on PacifiCorp-owned,
streetlight-only poles.
2 Company References
The following PacifiCorp standards and design guides supplement the content in this policy
FA 001 General Lighting-lnformation
FC 001 Lighting Cable and Conductor-General lnformation
FC 201 Cahle, Sfieef Lighting, Underground
FP 001 Lighting Poles-General lnformation
FP 166 Lighting Pole AssemblyAluminun*Small Cell Attachment Poles
FP 171 Concrcte Footing Assembly-Metal Poles
FP 201 Conductor, Copper, lnsulated, #10 AWG (lntemalWring)
Berkshire Hathaway Energy DSG JU-01 Small CellAntenna lnstallation Guidelines
3 Definitions
Company. PacifiCorp, dba Pacific Power and Rocky Mountain Power
EPA. Effective projected area. The area subject to wind loading for calculation purposes.
4 Selection Criteria
Pole selection criteria vary depending on whether the streetlight poles are constructed of
fiberglass, metal, or wood. Decorative poles are currently restricted from selection. lf a pole
replacement is required, the pole willtypically be supplied by the power company. Antenna
array and other equipment wind-loading information is provided to the company. A separate
pole loading calculation study may be required to be submitted by the telecommunications
company.
4.1 Fiberglass Streetlight Poles
A fiberglass streetlight-only pole must be replaced with a metal pole described in
Section 4.2lor the installation of small cell facilities.
4.2 MetalStreetlight Poles
lnstallation of communications equipment on metal streetlight poles is limited to poles
with an underground feed. Selected poles must be replaced by a company supplied
meta! pole that can accommodate up to the following maximum dimensions and weight
for small cell facilities:
' Antenna - 500 lbs., 6.6 square feet EPA
. Side Mount Cabinet - 300 lbs., 4.5 square feet EPA
. Power Disconnect - 20 !bs., 1 square foot EPA
h1 tfu uttllrur'ing de pdrlnk'nl uni pxtL'esstd h.t tttgituerirrg Ttuhli<'aliotrs. eamoub(@paci.ficorp.com. Page I of 3
DocuSign Envelope lD: FEGA658B-0529-454E-AB8G59E2AAE07627
Y PncrnCoRP
A SERKSIIIRE HAIHAWAY EICRGY COI.IRANY
4.3 Wood Streetlight Poles
Wood streetlight-only poles shall be treated as secondary poles as described in
Berkshire Hathaway Energy design guide DSG JU-0'1 Small Cell Antenna lnstallation
Guidelines.
5 Smal! Cell Carrier Pole lnstallation
!f a smal! cell antenna carrier prefers a pole replacement not described in Section 4, the
carrier must request a variance from the authority having jurisdiction (AHJ).
6 Pole Assembly
6.1 Metal Pole Assembly Diagram
Pole assembly for small cell antenna attachments to PacifiCorp-owned, metal streetlight
poles shall conform to the details in Figure 1.
ANT[NNA
SlDF h/OIJN I
POW[R
D ISCONNICI
W]Rt SF-PARAIOR
IlANDIIC)LLS
CRO,JND L II\E
Figurel-PoleAssembly
(from company standard FP 166)
DocuSign Envelope lD: FECA658&052$.45AE-AB8&'59E244E07627
Yr*gflsgRP
6.2 Metal Pole Assembly Wiring
\Mring shall be separated by the "Wire Separator." All company wiring shall be on one
side with all communications wiring (including power) on the other side.
6.3 Wood Pole Assembly
For any other possible antenna location and configuration on wood poles, reference
Berkshire Hathaway Energy design guide DSG JU-01 SmallCell Antenna lnstallation
Guidelines, Figure 5.
7 Gompany / Customer Point of Disconnect
See Figure 2for a clarification on the company's point of disconnect. The point of
disconnect may be established along existing streetlight conductor if capacity is available or
as a separate circuit from transformer secondary.
transformer or
sxondary box
padbox,
padvault. or
pedestal
24'min.ground pe{ NtC Article 250
I means of disconnect, provided by customer
I
2" min, conduil, provided by (ustomel A90" sweep isrequired lor pedestols or podboxes.
3'min.
l0'max.
customer-provided junction box
(or pedestal) with disposable lock
3'min.
I 0'max.
Power Company
ownership
customer ownership.
governed by NEC
cuslomer-provided junction box
(or pedeital) with disposable
24'min-ground per NEC Arti(le 250
means of disconnect, proyded by custome{
2" mrn. conduil, provided by custonrer
Figure 2 - Streetlight Points of Connection
(from the company Electric Seruice Requiremenfs manual)
8 LED Luminaire
Any streetlight pole replaced to meet the needs of a small cell applicant may require an LED
upgrade. The cost of the LED upgrade is the responsibility of the customer.
DocuSign Envelope lD: FECA658B-052S45AE-ABEG'59E2AAE07627
BHE DSG-rU-0l-Small Cell Antenna lnstallation Guidelines
l. Scope
All smal! cell antenna installations must meet, at a minimum, the current applicable NESC
standards, FCC, and FAA rules and regulations. The administrative authority may have additional
requirements depending on the location of the installation. This guideline is intended to:
. Provide guidance on install locations on a distribution pole according to Federal Com-
munications Commission (FCC) 11-50 and47 U.S.C. (United States Code)224
. Provide assistance to company personnel in evaluating correct installation of tele-
communications equipment to avoid system operation problems
. Supplement published company distribution construction standards, policies, and procedures
. lmplement common minimum practices throughout the company's service territory that comply
with applicable codes, ordinances, and tariffs
2. Changes or Conflic6 in RequiremenG
Where city, county, state, regulatory agency, or other administrative authority requirements
exceed the company's requirements, the more stringent requirements shallapply.
Exceptions to the requirements shal! not be permitted except when physical restrictions make
compliance impractical, when required by an administrative authority, orwhere allparties involved
are in agreement.
Depending on the Iocaloperating and weather conditions, deviationsfrom this guideline may be
required as determined by localengineering and operations. lt is incumbent on those performing
the design and site work to fully understand the requirements necessary to complete the
installation safely and in compliancewith federal, state, and localregulations.
3. Definitions and Acronyms
3.1. Definitions
Administrative Authority: The governmental authority exercising jurisdiction over the install-
ation.
Company: Refers to MidAmerican Energy, NV Energy (NV Energy North and NV Energy South),
PacifiCorp (Pacific Power and Rocky Mountain Power), and other subsidiaries of Berkshire Hath-
away Energy providing electric supply seMces in the United States.
Design Guidc
BHE DSG-JU4l-SnuI Cel Antenna lnstalhtbn Guirfulines
fublished Date: 16Sep 19
Last Reviewed: !6Sep 19
hge I of 12
Henrawav
Pnnted versions of this s|ecifrcation may be out of dote. Pleose consuh the online specificotions for the most recent yersion. Ihis document sholl be used ond
duplicoted only in support of b*shire Hathoway Eneryy projeas. @20 I 9 by PaciftCorp.
DocuSign Envelope lD: FECA65E&052$45AE-A88G59E2ME07627
BH E DSG-JU4 I -Small Cell Antenna lnsallatjon Guiddines
Small Cell: Types of smal! cells include femtocells, picocells and microcells - broadly increasing in
size from femtocells (the smallest) to microcells (the largest). Any or all of these small cells can be
based on'femtocelltechnology'- i.e. the collection of standards, software, open interfaces, chips,
and knovrr-howthat have powered the growth of femtocells.'Small cell' is an umbrella term for oper-
ator-controlled, low-powered radio access nodes, including those that operate in licensed spec-
trum and unlicensed carrier-gradeWi-Fi. Smallcellstypically have a rangefrom 10 metersto
several hundred meters.
Note: This definition of smallcell is derived from the SmallCell Forum,
http ://www. smallcellforum. org/.
3.2. Acronyms
FAA: Federal Aviation Administration
FCG : Federal Communications Commission
NEC : National Electrical Code
NESG : National Electrical Safety Code
OS HA : Occupational Safety and Health Administration
{. Coordination Between dre Company and the Telecommunications Company
Close coordination will be necessary with the telecommunications company to complete the
installation. ln addition, company personne! use terminology unfamiliar to the communications
industry; be aware of the resulting gap in understanding. This guideline may be shared with the
telecommunications company priorto designing the installation so thatthe telecommunications
company may be aware of the company's basic requirements.
5. S upplemental lnfo rrnatio n
This guideline is not considered all-inclusive. The company may have additional installation
requirements. ln addition, the administrative authority responsible for approving specific
installations may have additional requirements not covered by this guideline.
The company's joint use department may provide assistance with the application process.
6. Pole Selection Criteria
lnstallation of communications equipment is limited to poles carrying electrical distribution facilities
only with voltage level of 34.5 kV and below. The selected distribution pole is not encumbered by
electrical equipment that includes, but is not limited to, an air break switch, transformers, capacitor
banks, regulators, reclosers, down guys, or risers. lnstallation of communication equipment on
distribution poles are atthe sole discretion of the company. The priority of selection of appropriate
pole candidates for small cell antenna attachments is as follows (in order of preference):
Design Guidc
BH E DSGJ U { !-Small Cell Antenna lnstallation G uiddines
RrblishedDatq 16Sep 19
last Rerriewed: 16Sep 19
Pege2of 12
Heurawry
Errnov
Printed venions of this specification may be out of dote Please consu,t the online spedfications for the rnost recent version. This document sholl be used ond
duplicoted only in suppottof k*shie Hathowoy Energy proieas. @201 I by PocifiCorp.
DocuSign Envelope ID: FECA658B0529-45AE-ABEO-59E2AAE07627
BHE DSG-JU-O1-Small Cell Antenna lnsallation Guiddines
6.1 . Secondary or Service Pole (with or without Streedight)
Figure I -Secondar/Service Pole, Example
Dcrign Guidc
BHE DSGJU{ l-SmaI Cell Antenna lnstallatbn Guijdines
hrblshedDate l6Sep 19
l-ast Rgrixved: 16Sep 19
Page 3 of 12
YB:nxgrn- HermrnvEmev
Prinred venions oftiis specifcotio n moy be oLn of date. Pleose consuh the online speci$cations for the most racenr yersion. Ihis document sholl be used and
duplicotcd only in suppo,t of &lkshire tlothoway Ercrgy projects. @20 I g by Pocificorp.
DocuSign Envelope lD: FECA658B052$.45AE-A880.59E244807627
BHE DSG-JU4l-Small Cell Antenna lnsallation Guidelines
5.2. Single-Phase Primary Pole
Figure 2,-Single-Phase Primary Pole, Example
Dcsign Guide
BHE DSGJU{l-Small Cell Antenna lnstallation Guiddines
fublished Date: 16Sep 19
Last Rerriewed: 16 Sep 19
Page4of 12
Y B-nxgm- Hmramv
Er:nov
Pnnted vercions o{ this specifiation moy be out of dote Pleose <onsuft the online specif;cotrons for the most rccent version. This document sholl be used ond
duplicoted only in support ofBe*shke Hothowoy Enetgy prqeas. @20 I 9 by PaofiCorp.
Docusign Envelope lD: FECA658&0529,45AE-A880.59E2A4E07627
BH E DSG-JU.0 I -Small Cdl Anenna lnsallation G uiddines
5.3. Two-Phase Primary Pole
Figure 3-Two-Phase Primary Pole, Example
Dcrign Guidc
BHE DSGJU4 I-SmaI Cel Antenna lrstalatbn Guildines
tub[shed Date l6Sep 19
Last Revirwed: 16 S€p 19
Page5of 12 Yffi*Ilrmmv
Pnnted versions of thh spedficatbn may be out of date. Pleose consuft the onlbe sfrdfications for dre most recent yersion. This document sholl be used ond
duplkoted only in support of &.rl,shire Hcthawoy Eaergy Projerrs'. @20 I 9 by Pocif{-orp.
Docusign Envelope !D: FECA658&052945AE-AB8G59E2AAE07 627
BH E DSG-JU4 I -Small Cell Anten na lnsallation Guidelines
6.4. Three-Phase Primary Pole
Figure 4-Three-Phase Primary Pole, Example
Dcrign Guide
BHE DSGJUO l-Srmll Cell Antenna lnstalhtion Guiddines
tublshedDate: l6Sep 19
last Rsierred: 16Sep 19
Page6of l2
YBnnsrnr Hmrulv
Er:ncY
Printed versions of this specificotion moy be aut of dote Pleose consuft the online specifcotions for the most rece nt versiou. This document sholl be used ond
duplicoted only in suppott of b*shne Hcthoway Ftergy prajeas. @20 I I by PocifiCorp
DocuSign Envelope lD: FEGA658&052$454E-AB8G59E2AAE07627
BH E DSG-JU-0 I -Small Cell Antenna lnsallation Guiddines
7. Generd lnstallation Requirements
The following covers the basic installation requirements for small cell antenna attachments. This
list may not include all requirements needed for installation:
. Only one antenna array attachment installed per pole.
. lnstallation is on a'clean' pole. The pole is not encumbered by an air break switch, trans-
formers, capacitor banks, regulators, reclosers, down guys, risers, or other electrical
equipment.
. Distribution facilities are nearby for providing electrical service.
. Allwork is performed by an authorized qualified worker if the installation is in the supply space.
. Power outages needed for equipment installation must be coordinated with the company.
. Zoning, dearance, building permit, easements, and other required permits or approvals by the
administrative authority are obtained by the telecommunications company.
. The company retains the right to remove the antenna equipment if requested by the admin-
istrative authority.
. The telecommunications company shall perform a TOWAIR (or Landing Slope Facility Cal-
culator) study. The study shall be provided to the company to be filed with the FAA. lf the FAA
requiresthe structureto be registered, anAntenna Structure Registration number must be
obtained from the FCC. The telecommunications company is responsible for a!!
FAA requirements.
. The telecommunications company shal! provide estimated elec{rical load information of the
installation to the company.
. Antenna arraywind loading information is provided tothe company. A separate pole loading
calculation study may be required to be submitted bythe telecommunications company.
. A lockable disconnect switch capable of de-energizing the antenna system and metering Iequipment shall be provided and installed by the telecommunications company. The dis- Iconned switch shall be located on the pad-mounted pedestal, if a pedestal is used; otherwise I
it shall be Iocated in the pole-mounted enclosure. The disconnect switch shall be designed so I
[ii"f,:.r"sition
can be visually verified. Breakers or other non-visible disconnects are unao
I. The telecommunications company must notify the surrounding residents and landowners
when the pole modifications will be made.
. The telecommunications equipment owner shall incur the cost of removing the equipment from
a pole in the event that the equipment is abandoned.
. The telecommunications company must notify the company at least 45 days in advance when
an outage will be required to service an installed antenna.
8. Antenna Locafions
Figure 5 depicts the possible installation locations of smal! cell antenna array on a distribution pole.
No antennas shall be installed if existing electricalequipment is installed on the pole:
PageTof 12Dcsign Guidc
BHE DSG.J U.0 l-Small Cell Antenm lnstallatbn Guirfulines
fublished Date: !6Sep 19
Last Reviewed: 16Sep 19 Y
Pnnted yersions of this specificotion moy be out of dote. Pleose consufu the onlne spedfcotions flor the most recent version. Ihis document sholl be used ond
dupli<*ted only in suppottof k*shirc Hothaway Energy projeas.@2?1 9 by PocifiCorp
B:nrsmnr Hemrwru
Ermev
DocuSign Envelope lD: FECA658B-052$45AE-ABE0-59E2AAE07627
PR]MARY (IT EXISTS)
NEUTRAT/SECONDARY
COMUNICATIONS CABLES
BH E DSG-JU4 I -Small Cell Anten na lnsallation Guiddines
SUPPLY SPACE
,.--- COMMUNICATION WORKER
SAFETY ZONE -ANTENNAS NOT ALLOI\ED
---- COMMUNICATION SPACE
COMPANY
Figure S-Possible Antenna Locations on Distribution Pole
8.1. Supply Space
Antenna installation above the communications worker safety zone is considered to be an
installation in the supply space. Allwork in this space must be done by an authorized qualified
worker in accordancewith NESC and OSHA rules.
Pol+top extensions may not be used to extend the height of the pole for antenna array
installation.
8.2. Communication Space
Antenna installationswithin the communications space shall be performed by a qualified
communications worker.
8.3. Communications Worker Safety Zone
No antennas or equipment shall be installed within the communications worker safety zone per
NESC rules.
Page I of 12
PAD-MOUNTED
COMMUNICATlON
PEDESTAL
Dcrign Guide
BHE DSGJU{ l-Smll CellAntenna lnstallatbn Guidefines
tubftshedDate: 16Sep 19
last Rshrved: 16 Sep 19 Y B:nnsmm llmrmv
EmnoY
Printed vercions of this specificodon moy be out of dote. Pleose consuft the online specifications for the most recent version. Ihis document sholl be used ond
duplicated only in suppott of krkshire Hothawoy Energy projeas. @20 I 9 by PocifiCorp.
DocuSign Envelope lD: FECA658&052$'454E-AB8O-59E2AAE07627
BHE DSG-JI',LO I -Smdl Cdl Antenna lnsallation Guiddines
9. Additiond Equipment RequiremenG
9. ! . Communication Equipment Requirements
Supporting equipment for antenna operation may be installed on the pole at the company's
discretion. The size of individual antenna array volumes shall not exceed three (3) cubic feet.
Supporting equipment shall not exceed a combined volume of 1 1 cubic feet and a combined
weight of 250lbs. and must be a minimum of eight (8) feet above the ground to the bottom of
the cabinet.
The company, at its discretion, may allowthe supporting equipment to exceed these weight
limits based on a PE-stamped design and pole-loading calculations demonstrating that the
proposed installation will not adversely affect the existing facilities. Equipment not meeting this
criteria or not approved by the company must be installed in a pad-mounted communication
pedestal (see Figure 5). To ensure access to the pole is not blocked, the company shall
speciffthe distance between the pad-mounted communication pedestaland the pole.
Conduits shall be run underground between the pole and the pedestal.
A disconnect switch capable of d+energizing the antenna system and metering equipment for
the electricalservice (if applicable) shallbe housed in the pad-mounted communication
pedestal, if one is used.
9.2. Grounding
The telecommunications company must installtheir own NEGapproved ground and bond it to
the company's ground. lf a ground is not available on the pole, the telecommunications
company must requestthe company installa ground.
The telecommunications company is responsible for providing adequate Iightning and
over/under voltage protection to protect their antenna system from damage due to system
voltage variations.
10. Climbability
10.1. Climbing Space
All communications equipment on the distribution pole must be installed in a manner that
maintains climbing space according to the NESC. The antenna installation must not impede
the climbing space on the pole.
10.2. Bracket
Standoff brackets must provide at least 4.5 inches of clear space from the surface of the pole
The company prefers alladditionalantenna equipment be installed in the communication
pedestal. lf it is necessary to instal! an additional communications equipment cabinet on the
pole, it must be mounted on the pole using a standoff bracket if the height of the equipment is
over 12 inches. The allowable size of the cabinet will be Iimited based on its totalwind loading.
Any communications equipment exceeding the maximum wind loading of the pole shall be
Dcrign Guidc
BHE DSGJU{l-SmaI Cell Antenm lnstalatbn Guidelines
Rl*shedDate: l6Sep 19
lastReviewed: 16Sep 19
hge9of 12
Jlenrlury
Pnnted versions of this specificotion may be out of date. Pleose conslh the online specifications for the most rccent yersion. This document shall be used ond
duplicoted only in suppott of b*shire Hothoway Energy frqeas. @20 I ? by PocifiCorp.
Docusign Envelope lD: FECA65EB-052$.45AE-AB8O-59E244E07627
BHE DSG-JU4l-Small Cell Antenna lnsallation Guiddines
installed in the communication pedestal. Only one communications equipment cabinet may be
installed on the pole.
10.3. Conduit
All conduits on the pole must not interfere with a lineman's ability to safely climb the pole.
Conduits less than two inches in diameter may be banded to the pole. Conduits must be
mounted on standoffbrackets in instanceswhere a conduit is largerthan two inches in
diameter, orwherethere are morethan two conduits.
Where a single-phase primary dip is already on the pole, the communications conduit
standoffs shall be mounted jointly with the company.
Allcommunications conduit entering the supply space must be non-conductive per NESC. All
metallic conduit outside of the utility space installed on a pole must be bonded to the pole
ground.
10.4. Steel Poles
lf a steelpole is used foran antenna attachment, communication cables need to be routed
inside the steel pole. There may be additional requirements specified by the company for this
pole configuration.
I l. Radio Frequency
The telecommunications company shallaffix a sign nearthe base of the pole reading "High
Energy Field - RF Monitors Must Be Worn." lf the disconnect switch is installed on the pole, this
sign shall be affixed nearthe disconnect switch equipment box.
The installation must be in compliance with the FCC Office of Engineering and Technology
(OET) Bulletin 65, "Evaluating Compliancewith FCCGuidelinesfor Human Exposureto
Rad iofrequency Electromagnetic F ields."
hge l0of 12Dcsign Guide
BHE DSGJU4|-Snrall Cell Antenna lrstallation Guiddines
tublishedDate: 16Sep 19
LastReviewed: 16Sep 19
Hrrnmry
Printed venions of this specif;cotio n moy be aut of dote. Pleose consult the ooline specifications for drc rnost recent velsion. Ihis document shall be used ond
duplkotedonly in supnof 8ct*shte HothowoyEnergy projeas.@Z?19 byPacifiCorp.
DocuSign Envelope lD: FECA658B-052$454E-AB8G59E2AAE07627
BHE DSG-JU{ I-Small CellAntenna lnsallation Guiddines
12. Drawings
The telecommunicataons company shall provide drawings for the proposed small cell antenna
attachment installation. The drawings should not be conceptualdrawings, but location specific
and complete for the proposed installation. Drawings shall include, at a minimum, but not be
limited to:
1. Pole location (address, area map)
2. Pole photos
3. Customer-owned conduit, wire, cable, and service route details (for underground service)
4. Existing and proposed clearances on the structure
5. Down guyswhere required
6. Equipment cabinet sizes and mounting locations
7. Metering and electric service facilities and its proposed locations
8. Antenna array size
9. Wind loading information
10. Pole loading calculation study (if required)
11. Estimated electricalload for all equipment
13. Design Guide lssuing Departnent
The distribution engineering standards departments of MidAmerican Energy, lW Energy, and
PacifiCorp authored this design guide. lt was published by PacifiCorp engineering publications.
Questions regarding editing, revision history and document output may be directed to the lead
editor at [e-mail]. Technicalquestions and comments may be directed to joint
use or distribution standards engineering. This design guide shall be used and duplicated only
in support of company projects.
Dcrign Guidc
BHE DSGJUOI-Sma[ Cel Antenm lrstalatbn Guklelines
futlished Date: 16Sep 19
last Revierred: 16Sep 19
hge llof 12 !H*Hrnrlmv
Pnnted yenions of tiis specifcotbn may be out of date. Pleose consult the online specifications for the most recent version. Ihis document s hall be used and
duplicoted onty in sup,t of ktkshite Hothowoy Energy projects. @20 I I by PocifiCarp
DocuSign Envelope lD: FECA658B-052$45AE-ABE&59E244E07627
BH E DSG-JI L0 I -Small Cell Anten na ln stallation G u iddines
This page is left blank intentionally
Dcrign Guide
BHE DSGJU4I-Srnall Ce'[ Antenna lnst.lhtion Guid€IrEs
hrbtshedDate: 16Sep 19
lastR6rb,Yed l6Sep 19
Page 12 of 12 3B:nxumr HrnrmrvhBoY
Pdnted vemions ofthrs specifrcotro n may be oa of dote. Pleose consult the online speofrotions far the most recent yersion. This document shall be used ond
duplkated only in surytt of bt*shirc Hothawoy Eaergy proieas. @70 t 9 fo Pocif{otp.