HomeMy WebLinkAboutNew York TelephoneJuN
NewYorkTelephone
A NYNE~ Company
501 North Ocean Avenue
Patchogue. New York 11772
Dear Sir:
Attached you will find the new Attachment Accommodation Unit
Cost Schedule, to be effective July 1, 1987. This schedule has been filed
with the New York State Public Service Commission and replaces the
schedule that has been in effect since December, 1985.
The schedules reflects current costs for Make Ready Work
performed by New York Telephone Engineering and Construction forces to
accommodate your facilities.
If.y~o~-should have any questions please call me on~i~...LF.~i~
Truly,
Authorized Licensees Coordinator
Attachment
NEW YORK TELEPHONE
ATTACHMENT ACCOMMODATION
UNIT COST SCHEDULE
EXCLUDING NEW YDRK CITY
EFFECTrViE 07/'01/87
CONTENTS
ENGINEERING ACTIVITY
~reconstruction Survey
Post Construction Inspection
Subsequent Inspections
Periodic Inspection
Right-of-Way Information
CONSTRUCTION ACTIVITY
Construction Costs-New
Removal Costs
Maintenance Costs
OTHER ACTIVITIES
Other Costs
Depreciation
Definitions
Page Item
1 A
1 B
1 C
1 D
1 E
2 A
2 B
2 C
3 1-2
3 3
3 4-5-6-7
NEW YORK TELEPHONE
UNIT COST SCHEDULE
ENGINEERING CHARGES
EXCLUDING NEW YORK CITY
Page i of 3
COST
A - Preconstructior Survey
1 - Performed by TELCO
2 - Performed by Licensee
3 - TELCO verification of survey
performed by Licensee
B - Post-Construction Inspection
C - Subsequent Insoections
D - Periodic Inspections
E - Provide ROW Information per
Requested Location
$ 7.50 per pole
3.25 per pole
4.25 per pole
6.25 per pole
4.70 Der pole
6.25 per pole
39.45 Der location
Effective 07/01/87
NEW YORK TELEPHONE
UNIT COST SCHEDULE
CONSTRUCTION CHARGES
EXCLUDING NEW YORK CITY
(INCLUDES LABOR & MATERIAL)
STEM
A - PLACE NEW POLE (See Note 3)
35' and Under
40' and Over
PLACE EXTENSION ARM
PLACE NEW ANCHOR
PLACE AUX ANCHOR EYE
PLACE NEW GUY
B - REMOVE EXISTING POLE (See Note 4)
35' and Under
40' and Over
REMOVE LICENSEE ATTACHMENTS
C - CHANGES TO EXISTING PLANT
Pole Moved
Extension Arm Moved
Guy Moved-Anchor not Repl'd
Anchor Replaced
Aerial Wire Moved or Transferred
Aerial Cable Moved
Large Pole Mtd. Unit Moved
(See Note 5)
Small Pole Mtd. Unit Moved
(See Note 5)
Take out Slack Cable, (Balloon Spl)
Place Bond
Pole Stepping
Drop Wire Moved
Relocate Buried Cable
Page 2 of 3
PER COST
Pole $ 300.00
Pole 517.00
Arm 101.00
Anchor 145.00
Eye 29.00
Guy 60.00
Pole 58.00
Pole I16.00
Pole 41.00
Pole 242.00
Arm 41.00
Guy '42.00
Anchor 250.00
Wire 62.00
Cable 241.00
Unit 609.00
Unit 204.00
Splice 1141.00
Bond 46.00
Pole 60.00
Wire 25.00
Foot 4.00
Effective 07/01/87
Page 3 of 3
NOTES PERTAINING TO
UNIT COSTS
Exceptional Costs, those not generally encountered during normal
construction, such as travel, room and board, escort service,
etc., ~hall be billed separately.
Items not listed on p~ge 2, dr any conditions where specialized
eng~ee~i~ng o.r construction work ope~ationsmustLbe employed~ may
be'billed on a' Custom Work Order basis. A premium of 35% shall
~e~added to %he total char~s as a profit on th~ investment of
he lab6f hours and materia~ used.
Credit for depreciatio~ ~hall be given when poles are replaced.
The followin~ are considered Large Pole Mounted Units:
a. Cross Connecting Box - Greater than 50 Pair
b. Terminal - Greater than 50 Pair
c. Control or Access Closure - Greater than 50 Pair
Loadin~ Coil Case
e. Air Dryer
f. Compressor Dehydrator
g. Carrier Apparatus Cases
h. Building-Out Capacitor Case
5. The following are considered Small Pole Mounted Units:
a~ Control or Access Closure - 50 Pair or Less
b. Terminal - 50 Pair or Less
c. Protection Devices
6. Normal Preconstruction Surveys consist of the followin§ elements:
a. A written application from the Licensee which designates the
specific route to be followed and identifies 5y number the
pole(s) where attachment accommodation is requested.
b. Pole license applications sized in blocks of 300 poles or less.
c. A written ~etermination on the priority of the authorizations
for attachment.
Preconstruction Survey activities which require N.Y. Tel visits to
the field to select specific routes and}or structures to ~e used in
building the system, will be billed on a Custom Work Order basis.
Effective 07/01/87
NewYorkTelephone
A N'~ilE~ Company
501NorthOceanAvenue ~m ].05
Patchogue New York 11772
February 9, 1987
Town of Southold
Southold Town Hal-1
53095 M~in Rd~
Southold, New York 11971
RE: Pole Attachment Agreement
Dear 8ir:
Enclosed for your information is the Unit Cost Schedule
currently in effect as referenced in Article IV, and elsewhere
in the Pole Attachment Agreement.
Should you have any questions, please call me on 447-8585.
Very truly yours,
J. P. Cahill
Assistant Manager
A. L. C.
JPC:wb
Certifi'ed Mail Return Receipt Reouested
NEW YORK TELEPHONE
UNIT COST SCHEDULE
ENGINEERING CNARGES
EXCLUDING NEW YORK CITY
Page 1 of 3
A - Preconstruction Survey
I - Performed by TELCO
2 - Performed by Licensee
3 - TELCO verification of survey
performed by Licensee
B - Post-Construction Inspection
C - Subsequent Inspections
D - Periodic Inspections
E - Provide ROW Information Der
Requested Location
COST
$ 7.00 per pole
3.00 per pole
4.00 per pole
5.75 per oole
4.30 Der Dnle
5.75 per Dole
36.30 per location
Effective i2/01/85
NEW YORK TELEPHONE
UNIT COST SCHEDULE
CONSTRUCTION CHARGES
EXCLUDING NEW YORK CITY
(INCLUDES LABOR & MATERIAL)
ITEM
A - PLACE NEW POLE (See Note 3)
35' and Unaer
40' and Over
PLACE EXTENSION ARM
PLACE NEW ANCHOR
PLACE AUX ANCHOR EYE
PLACE NEW GUY
B - REMOVE EXISTING POLE (See Note 4)
35' and Under
40' and Over
REMOVE LICENSEE ATTACHMENTS
C - CHANGES TO EXISTING PLANT
Pole Moved
Extension Arm Moved
Guy Moved-Anchor not Repl'd
Anchor Replaced
Aerial Wire Moved or Transferred
Aerial Cable Moved
Large Pole Mtd. Unit Moved
(See Note 5)
Small Pole Mtd, Unit Moved
(See Note S)
Take out Slack Cable, (Balloon Spl)
Place Bond
Pole Stepping
Drop Wire Moved
Relocate Buried Cable
Effective 12/01/85
Page 2 of 3
PER COST
Pole $ 303.00
Pole 504.00
Arm 96.00
Anchor 147.00
Eye 25.00
Guy 56.00
Pole 54.00
Pole 109.00
Pole 41.00
Pole 223.00
Arm 38.00
Guy 39.00
Anchor 242.00
Wire 51.00
Cable 236.00
unit 598.o0
unit 200.00
Splice i120.00
Bond 42.00
Pole 57.00
Wire 25.00
Foot 4.00
NEW YORK TELEPHONE
ATTACHMENT ACCOMMODATION
UNIT COST SCHEDULE
EXCLUDING NEW YORK CITY
EFFECTIVE 12/01/85
CONTENTS
ENGINEERING ACTIVITY
Preconstruction Survey
Post Construction Inspection
Subsequent Inspections
Periodic Inspection
Right-of-Way Information
CONSTRUCTION ACTIVITY
C~nstruction Costs-New
Removal Costs
Maintenance Costs
OTHER ACTIVITIES
Other Costs
Deore~iation
Definitions
Pa~e
1
1
1
1
I tern
A
B
C
D
E
A
B
C
1-2
3
4-5-6-7
February 9, 1987
town of Southold
~outh~d.Town Hall
~309~M~i n ~d.~
~ut~l[~d~, New York 11971
Dea~ Sir:
NewYorkTelephone
A llt'tl~.[ ComDany.
501 NodhOceanAve~lue Rm 105
Patc hogue, New York 1177~
A typographical error has been found in the Municipal Pole Attachment
~§reement %hat you have recently executed with ~ew York Telephone. The
=error appears on Page t9, under Item 3. Charges for Inspection Part b.
r~ading as follows:
The cost of periodic inspection will be billed to the
Licensor upon completion of the inspection by the
Licensor.
The attached Page 19, to be substituted into your copy
of the Agreement, corrects this to read:
The cost of oeriodic inspection will be billed to the
Licensee upon completion of the inspection by the
Licensor.
Please acknowledge notification of this correction by signing
and dating in the space provided and return this letter in the
enclosed envelope.
Thank you for your cocperation.
/ ~at{~
O. P. Cahil]
Assistant Hanager,
Authorized Licensee Coordinator
set forth below. Licensee shall be responsible for payment of all
charges-for preconstruction survey and make-ready work, upon completion
of work performed or expenses incurred, by the Li~censor'regardtess of
~w§ethe~ Licehsee subseq~eQtly wi'thd~aws ~ts application~for a~ta~hment
~!~utho~i z~ti'ons ~or~ the:,poles ~nd ~ anchor~ ~on Whi ch' such w0~k was per~
iformed: :~ '~
an amount due
im reof
~t~the,-rate of I piration of
uch, peF~od U~t
currentl~y ~lec w.tn. the Publ{c
Co~
in a schedule
:E).
Cha~O~ ,~'~e:R~adv: Work ~UN~ ~COS~S
4ake-ready charges shall be billed, uson~cOmpletion of
al po.l~s, according to the current S~hed~le,of uni:t
When LicensOr employs
fees plus
a shall make
understandings
and by such
~ 3. ' ~ha~{~Or
' ~ ~',;a~ ~Tib~co~t-ef ~he ,POsit-Construction' Inspection shall
be b~lled ~po~¢om~t~e~ of t~,~ Inspection by the L~censo~.
b. T~e cost of ,P~rigdic Inspection w~ll be billed to
the Lice~ee upon C~etion:
c. shal~
inspections.to ins ~ construction
and ma i ntenance practices, ~x t- constructi on
or periodic inspectiqnS.
4. Pa~rmen~of Rates and Charges
Un~ess:'0therwise provided elsewhere in this ,Agreement,
Licensee shall pay all rates and charges, as specified in the Agreement
and/or in a schedule currently filed with the Public Service Co~ission,
within thirty (30) days from the dates of billing thereof.
ARTICLE IX
EQUAL EMPLOYMENT OPPORTUNITIES
Licensee affirms that the Equal Employment Opportunity provis-
ions required by law. regulation or executive order to be incorporated
in this Agreement as set forth in a Compliance Undertaking prepared by
Licensor have been read and signed by Licensee, and that the said Com-
pliance Undertaking has been delivered to Licensor. Such Compliance
Undertaking shall continue in effect-until specifically withdrawn in
writing by Licensee {Exhibit F}.
ARTICLE X
LICENSE NOT'..EXCLUSIVE
~N~tbing herein conta~Qed shall be construed as a grant of any
exct'usive~!q~icense~ r,ight ~r pr.iv~,]ege~to l~icensee, Licensor shall here
~,he' r.,i'~,~ ~.~.to~ grant, renew' an~J
parti~, fa ~this Ag~ment; b~ 6o~ract ~ o~he~w~se.,~ to'use a~~ pole~
AR~I CL, E' ~I
~/~IVER OF TE:RMS AND CONDITIONS
Failure to,enforce or ~:ns~ s~ upo~ ;co~[~ace,~w~th eny of the
te~s or conditions 6~f' ~hi,s; Agre~h~t~r ,;~ ~Q~"'g~'ve notice or
decl, a~ ~his Agreeme6t or'~e licenses g ~ed b~u~d~-t~minated
shall not constitute a'~a~:~r or;,g~t~,nq~; ~en~o~An~ ~uch'~term, con-
d~t~on o'r act ~ut the sam~ s~all b'e' an~ ] ~.~n '~t'~a]l t~mes ~n full
force ~nd effect. '' ~ ~'~ ~' ~ ..... ~.~'"
ARTICLE XtI '
~ERMS. O~ AGRE~ENT
If not terminated in accordance With its terms, %his Agreement
shall continue in effect for a term of one. (1) year from the date ~e~eof
and thereafter, until three (3) mOnt~s a~er written notice of termina-
tion is giveg ~by either party.~ Suc~ not,ge 'of teemination may be given
to take effect at the end of the o~glnal...one (1)·.year Per~d' o~ at any
time thereafter.
IN: ~ITNESS' WHEREOF, the parties hereto have executed this
Agreement in duplicate On ~he day and year first above written.
WITNESS (ATTE~T) New York Telephone Company
WITNESS (ATTEST)
By_
JANUARY, 1985
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICbE
A~TICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
EXHIBIT
EXHIBIT
EXHIBIT
FXHIBIT
FXHIBIT
EXHIBIT
POLEATTACWMENT AGREEMENT
TABLE OF CONTENTS
MUNICIPAL
SCOPE OF AGREEMENT
DEFINITIONS
GENERAL CONDITIONS
PROCEDURES
1. Application for Authorization
2. Multiple Attachment Applications
3. Specifications
4. Pre-Construction Surveys and
~ke-Ready Work
5. Inspections of Licensee's
Facilities
6. Unauthorized Attachments
OTHER OBLIGATIONS OF LICENSEES
1. Insurance
2. Surety ReQuirements
LIABILITY AND DAMAGES
TERMINATIONS OF AUTHORIZATIONS
RATES AND CHARGES
EOUAL EMPLOYMENT OPPORTUNITIES
LICENSE NOT EXCLUSIVE
WAIVER OF TERMS AND CONDITIONS
TERM OF AGREEMENT
A
B
C
D
E
APPLICATION AND POLE LICENSE
NOTIFICATION OF REMOVAL OF POLE
AND/OR ANCHOR ATTACHMENT
APPLICATION AND ANCHOR LICENSE
ANCHOR ATTACHMENT PROCEDURE
SCHEDULE OF RATES
EEO COMPLIANCE UNDERTAKING
Page
1
1
4
6
6
6
9
9
12
13
14
14
15
16
17
18
19
2O
2O
2O
POLE A~AcH~NT
~. ~:-THIS AGREEMENT, made as of the~day, of, November
;;86..::' "i'! i~.' '/:t ' I ' ' , ill : ! f, ' ~ i . .i.
(hereinaffter called "Li. censor"), and Toen Ef Southol-d
, organized and' existing under
the laws'0f~he;St&~e-O~ ~e~ ¥o~k , ha~ng ~ts principal
(~er~ih'a~fte~ ~'alled Li~censee ).
w I T N E S S E T H:
WHEREAS, Licensee for its own use desires to place and
maintain cables, equipment.and faci.lities on poles of Licensor; and
WHEREAS, Licensor is willing to oermit, to the extent it may
'lawfully do so, the olacement of said cables,, eeuipment, and facilities
on its Doles.
NO~, THEREFORE, in consideration of the mutual, covenants,
terms and conditions herein contained, the parties do'hereby mutually
covenant andagree as follows:
ARTICLE
SCOPE OF AGREEMENT
Sub.iect to the provisions of this Agreement, the Licensor will
issue to Licensee for any lawful ourpose revocable, nonexclusive licen-
ses authorizing the attachment of Licensee's equipment and facili.ties to
Licensor's Doles in the]~)~C~XX/~].XC~6XX~YrXTown of Southold, exclud~n9 the
County of Suffolk Village of Greenport, & F4shers Island.
ARTICLE II
DEFINITIONS
1. Anchor
A facility consisting of an assembly of a rod secured to
a fixed object or olate designed to. resist the pull of a guy strand or
strands.
2. Anchor Attachment
A guy strand attached to an anchor solely owned or
jointly owned by Licensor or for which Licensor is responsible for auth-
orizing attachments.
2
3. Appurtenance Attachment
Any article of equipment attached to a point om a pole
not normally occupied by a strand attachment (e.g. street lights, equip-
ment cabinets, etc.1.
4. Licensor
The owner or custodian of a pole and the only~partv
permitted to issue licenses to that Dote and its associated anchor(s/.
5. Licensee
The person, corporation or other legal entity authorized
by the Licensor under this Agreement to attach its facilities to utility
poles and anchors and the party responsible for compliance with
Licensor's reg- ulations regardinq such accommodations.
6. Licensee's Facilities
The cables and all associated equipment and hardware
installed for the sole use of the Licensee.
7. Guy Strand
A metal cable (facility) which is attached to a pole and
anchor (or another pole) for the purpose of reducing Dole stress.
8. Joint Owner
A gerson, corporation or other legal entity having an
ownership interest in a pole and/or anchor with the Licensor.
9. Joint User
A party who owns poles or anchors to which the Licensor
is extended or may hereafter be extended joint use privileges, or to
which the Licensor has extended or may hereafter extend joint use privi-
leges of the Licensor's poles or anchors. The term "Joint User" shall
not include Licensees.
10. Make-Ready Work (Initial)
Alt work, including but not limited to rearrangement and/
or transfer of existing facilities, replacement of a pole or any other
changes reouired to accommodate the attachment of Licensee's facilities
to a pole or any other changes required to accommodate the attachment of
Licensee's facilities to a pole or anchor. Similar work required after
initial attachment to a Dole solely because of the existence of the
Licensee's.attachments shall be referred to as "additional make-ready."
11. Other Licensees
~.- ~.~ ~ An~.person,, car oration, or other legal entit other than
'the L~censeelhere~n,, t~ whom thc,Licensor h~s: or he~{ter~ shall extend
an aulthorizatio~ {J attach facil'itie~.to a oo,le or a~chor.
12. Penalties
Additional charges applied to items of non-compliance
with the ter~s an~ conditions of the Agreement.
13. P~r,iodic Inspection
Inspections conducted at scheduled intervals on portions
of Licensee's fac$1ities, to determine that attachments are authorized
and that attachments are maintained in conformance with the required
standards.
14. Pole Attachment~
Any of Licensee's facilities in direct contact with or
otherwise supported by a util'ity pole.
15. Post-Construction Inspection
The work operations and functions performed to measure
and/or visually observe Licensee's attachments, during or shortlv after
comoletion of the constructionof such facilities, to determine that all
attachments have been authorized and construction conforms to the
standards required by this AQreement.
I6. Preconstruction Survey
The work operations and functions performed in order to
process an application for pole and anchor attachments to the point just
Drior to performing any necessary make-ready work. There are two ele-
ments of the Preconst~uction Survey: 1) field inspection of the exis-
ting facilities, and 2} administrative eCfort reouired to orocess the
application and prepare the make-ready work order.
17. Subsequent. Inspections
Inspecti'ons p~rformed to confirm the correction of non-
conformance to specification that are observed during Post Construction
I~spections.
18. Suspension Strand (messenger cable)
A metal cable attached to a pole and used to support
facilities.
19. Unit Cost
A dollar amount subject to periodic revision, applicable
to specified WOrK operations and functions, including materials and
labor costs.
-4e
20. Utilit¥ Pole
A pole solely owned or jointly owned by the Licensor and
used to support its facilities the facilities a joint user an~/or
Authorized Licensee.
Attachment Rate
A soecified amount revised periodically, billed semi-
annually to the licensee, and payable in advance to the Licensor for
each attachment.
ARTICLE III
GENERAL CONDITIONS
Compliance with Applicable Laws
The Licensee and the Licensor shall at all times observe
and comply with, and the provisions of this Agreement are subject to,
all laws, ordinances, and regulations which in any manner affect the
rights and obligations of the parties.
2. Rights in Utility Poles and Anchors
No use, however extended, of a utility Dole or anchor or
payment of any fee or charge required hereunder shall create or vest in
the Licensee any ownership or property right in such a pole or anchor.
Requirement to Construct and Maintain a Utility Pole and
Anchor
Nothing contained herein shall be construed to compel the
Licensor to construct, reconstruct, retain, extend, repair, place, re-
place or maintain any utility pole or anchor or other facility not
needed for the Licensor's own service reauirements, except as Qrovided
in Article IV (3. b. (2)) and Article IV (5. d.)
4. Other Agreements
Nothing contained herein shall be construed as a ~imita-
tion, restriction, or prohibition against the Licensor with respect to
any agreement(s) and arrangement(s} which the Licensor has entered into,
or may in the future enter into, with others not covered by this Agree-
ment, except that authorizations for attachments existing at the time of
such future agreements or arrangements shall not be diminished. The
rights of Licensee shall at all times be subject to such existing and
future agreement(s) or arrangement(s). The Licensor, in negotiating and
entering into any such agreement(s) and arrangement(s), shall give due
and reasonable regard to the Licensee's potential future interest in
Licensee accommodation to a utility pole and anchor to be covered by
such future agreement(s) and arrangement(s).
5. Assignment of Rights
Licensee shall ~ot assign, sub-~icense, ~ublet or
transfer any authorization granted herein, ~nd such~authorization shal~
not inure to the~6~nefit~of~Licensee's~uccessors or assigns wi.~hout the
pr~or~tten ~¢oh~se~t.o~ ~he L~eensor. I6.theevent ~uch consents.are
gr~nt~by th~'~ice~o~, the PFoViSi.~o~s of qh. is Ag~ee~ent shallapply 'to
an b~nd'~he!L4c~nse~s.s~c6ssor~ an~a~sighs'. ~ ~
Permi,~s an~ Consents
a. b6 res
private and/or
license,
operate and/o~
at the loca&io~
attaches
· vate p~operty. The ~
from
or
pti-
o~ ~an~y d fi~tes
rate
documents
g~uch~ ~nfo~a;'ion ano re[)roducino
~ee.
b. Wb~e Cicensor has an easement over a public or
private right o~way s~iciently broad under NeW York state la~ to
permit Licenlsee a~tach~t~ Licensee shall not be re~u~r~d ~o ~b~ain
independent permissio~ ~f ~he property owner to a~tadh. In an~ case
whe6~the Licensor ~ee~ t~ obtaih any necessary per~iSsion from a
property own,er ,for L~ep~e~ s attachments, the full'~,~allocab)e, co~ts of
such efforts'Sba]) ~e,~p~i~d)by the Licensee along wi~, ~ake?~ead~ dosts,
if a~y.
the part~es
cha)
Agreemen~ ~ '
supersedes all previous agreements between
~n~e and placement of aerial 6ab!es, leQ~.~pment
icensee and constitutes the 6ntife agreement
~y not be modified or amen~ed~nor mac, any
be changed or discharged !6xcept'in~riting
d o~ficer or agent Of the ~y to be
eli enses, if any, issued pursuant to pre-
n. in effect as ~f issued'p~r§ua6~ ~io this
~ 8. ~ny. nqti~e to be given to the Licens~r u~der this Agree-
ment shall be sent b~ ~erti.fied mail to:
Ne~ York Telephone Co.
5p~ North Ocean Avenue, Room 105
Patch~gue, New York 11772 ·
A~tn~ Engineer,- 3rd~Party Attachments
Any no,t(ce to be gi'vep, to the Licensee under this
Agreement shall be sen~ b~ certified, ma~l to:
Tpwn of Southold ~
1~ South Street
Greenport, New York 11944
-6-
Any such notice shall be effective immediately upon being
deposited in the United States mailo
9. If the oresence of the Licensee on Licensor's poles
causes Licensor to pay any new or additional tax which Licensor would
not otherwise pay, Licensee shall reimburse Licensor to the full extent
of such new or additional tax, as additional rent, within thirty (30)
days of receiving a bill therefor from Licensor.
10. This Agreement shall be governed by, and interpreted
according to, the laws of the State of New York.
ARTICLE IV
PROCEDURES
1. Application for Authorization
a. Prior to the Licensee attaching equipment and/or
facilities to anv utility pole or anchor, Licensee shall make written
application for amd have received an authorization therefor. {Exhibit~
A and/or C.~
b. Licensee shall file applications for pole attachment
authorizations which designate a desired priority of authorizations in
blocks of 300 poles or tess.
c. The Licensor will accept applications on a first
come first served basis and shall attempt to satisfy the designated
priority of comoletions. With resoect to applications received six (6)
months in advance of the desired date of issuance of attachment authori-
zations, the Licensor shall, unless prevented from so doing by circum-
stances beyond its control, be obligated to perform the required precon-
struction survey and/or make-ready work to permit the issuance by the
Licensor and/or a joint user of a total of 1,500 pole attachment author-
izations Der month in each of the Licensor's plant construction oper-
ating areas. If mor'e than 1,500 poles are included in all such applica-
tions received for any one month in each construction operating area, at
least one block of 300 poles or tess per applicant will be processed,
selected in the sequence in which the applications were received, until
the 1,500 oole limit has been reached. If one block of 300 ooles or
less for each applicant is processed and the 1500 pole limit has not
been exceeded, the remaining applications shall be orocessed on a first
come first served basis.
2. Multiple Attachment Applications
The provisions of this Article IV 2 apply in the case of
applications received by the Licensor from two or more Licensees for
attachment authorizations on the same Dole, prior to the completion of
the preconstruction survey and the commencement of any make-ready work
required to accommodate any Licensee.
a. Applications received, from mutti01e applicants for
the sa~e~-pol~will be classi.f~ied as f~qlows:
(!1 non-~.imul%aneeus~- received'by the Licensor
on different ~usinesS'd~y~s~
~2) simul~taneous - received b~ the Licensor~on
the same business das.
b. Where applications are non-simultaneous, the initial
appqicant will be o~red the folq~wi~ng options af~ewt~e aeplic~tq~ i~
recei?ed from the.addi~a~ap~licant(s):
O~t~en I - ~he appIication of the initial applicant
will 6e process,ed as i~f there is no'~other
attachment app!icatioh'on file for the
same ut}lity pole or ~nchor.
Option 2 - the applications of.t~e initial and
additional applicant(~) w~ll be processed
as if they were simultaneous
applications.
(1) The initial applicant wit~ be,~equired to
indicate the option desired no later than fifteen (1~) d~s after the
Licensor has ~uoted themake-ready Charges that?ili~appl~ under each
ootioh, otherwise the Licensor will deem the initial applicant to have
selected Option 1. Selection of an option prior to the quotation of the
aforementioned make-ready charges is permissible.
(2) Option 2 will be subject to acceptance by all
of the multiple applicants involved. The additiona~ applicant(s) will
have fifteen (15) days from the date of receipt of written notification
from the Licensor that the initial ~pplicant has selected'OptiOn 2, to
accept or rejec% the conditions applicable under Option 2, otherwise,
the Licensor will deem the additional applicant(s~.t6 have rejected such
conditions.
(3) All work in progress on the initial appli~
cant's application i.n~olving mul.tiple applications will be suspended by
the Licensor from the time that the initial applicant is offered Options
1 and 2 until it notifies the Licensor of the option it elects in accor-
dance with (1) preceding.
c. Where multiple applicants are simultaneous or the
initial applicant in the case of non-simultaneous applications has se-
lected Option 2, the multiple applicants must develop a mutually agree-
able order of facility availability and overall make-ready work comple-
tion schedule~ Where multiple applicants ca,not reach mutual agreement
regarding order of facility availability ~nd an overall make-rea~dy work
completion schedule within fifteen days (15) of written notification
~rom the Licensor of the charges for the 'required make-reaey work, the
Licensor will offers.as an alternative to comolete the total make-ready
work required for all multiple applicants before simultaneously granting
attachment authorizations to the multiple applicants.
-8-
d. Any multiple applicant who fails to agree to the
alternate arrangement set forth in c., preceding within ten (10) days
after being advised in writing of the availability of such alternate
arrangement by the Licensor, will be considered by the Licensor to have
cancelled its application(s) relative to those facilities which involve
pending attachment applications by other Licensees.
e. Where multiple applications are non-simultaneous and
the initial applicant has selected Option t, the Licensor:
(1) will consider the initial applicant as a non-
multiple applicant. Any change of priority or facility availability or
work schedule completion that is desired after either has been ini-
tially agreed upon by the initial applicant with the Licensor will be
subject to the Licensor's ability to accommodate such changes in its
established work schedule.
(2) will not perform the required make-ready work
for the additional applicant until attachment authorizations have been
granted to the initial applicant, unless the performance of such work
will not delay the completion of the make-ready work required to accom-
modate the initial applicant.
f. Preconstruction survey costs will be allocated as
follows:
(1) Simultaneous applications - each applicant will
bear an equal Share of the total initial and resurvey costs involved.
(2) Non-simultaneous applications - each applicant
will bear the costs related only to determining the accommodation
requirements for its specific application. ~.
g. Make-ready cost will be allocated as follows:
(1) Simultaneous applications -
{a) each applicant will be charged an equal
share of the total make-ready cost.
(b) if only one applicant agreeS to the shared
portion of total cost, that applicant will be quoted the cost applicable
to accommodate a single licensee.
(2) Non-simultaneous applications -
(a) the initial applicant will be charged the
total make-ready cost to accommodate its facilities.
(b) the additional applicant(s) will be
charged the total added make-ready cost to accommodate the add~tionat~
applicant's facilities.
Specifications
· ]' a, Li~censee's fac,il'i~t~e~ ,sha)] b~e placed, ~'aihta~ned,
relocated 'or removed in a'ccorhance w,it?n the he~$remehts and specifi-
cations of the current editions of the Bell Operating Companies Manual
of Con~tmUc%ion Procedures (.Blue Book), ~he N~tional Electrical Code
(NEC), th~ National Electmi~ai, Safety'Code (N~C), the ~ules and~regu-
lati~ns of the ~E~Upa~a~l· Sa~fet~ an~ H~al'%h Ac~ (OSHA) and~an~ gover-
ning au~ho~its' h~vi~,g ,j~u~i~icti~n. Where a ~T~ere~e ~n spec~f~ca%~on
ma~ exi~,, ~he ~ore~'~yi~g~t 's~l apply.' LiC~'see',~ f~c~l~tie~ s~alI
notpyh sqcal, l.y elec%ro'n~callv, or ~nduc,t~vety ~n~e~fere w~th ,~
Licensor ~ ~acil, f~ies.
, ~. ? , D'~.~?~,]Cf any part of Licensee s facilities ~s not placed,
mai~ta,~l~d ~o~',~-e]~oc~at~d i~ accordance w~th the above~ requirements and
specifications, ~d~'i~ ~Li'densee fails to Correct said condqtions Within
fifte~ ;{I5~] d~j Wmi~ten notice to the Licensee,.the Licensor may
Cor~:~a$~,.e~j~n~s,.~ However, when such conditions ~bse an ~i~edi-
' ate t~t'~ ~o:~et~ o~the Licensor"S employe~s, in~epfere w~th the
p~m~e~c~e ~,~:~l~e~or s serwce obligations, or po~e ~n ~Ed aFe
thre'a~gU~s!c~q ~tegr~ty of the pole plant,, the L)censon ~av~
per~om~)~u~c~ ~e~d~/o,~ take s~ch action that ~he L~cen~or ~deems, nQC-
es~ar~h~u~ ~o~ice to Licensee. The cost~ of Sa~,~U work.~and/hr
actaeon,s sha) t b~-:~e hV L~censee.
(1). Where such work and/or actions entail new or
additional ,atte~c,~hmelq'ts ,to, the L~censor sancno s, authori,zations for
such alttachments~sh~]] be~issu~ed by the Licensor. Licens~ee':s privileges
and obl~igation~ ~ith~respect to authorizations so issued ~shall be as
orovid~d in thisZAgr~ement.
(2) Where such work and/or actions entail the
placemept of and attachment to anchors for the Licensee's sole use,
these anthors shail ~e the groDerty o~ the Licensee:
In either (1) or.(2) preceding, the guy strand shall be the
properts of the,'L~cen~ee.
~. P~e. Construction Surveys and Make-Ready Work
~.. ~. A, pre-construction survey will be reouiredl for each
oole andlan~hor for whiCh attachment is reouJsted to determine: the ade-
ouacv o~ the pol~ and anchor to accommodate Licensee's facilities. At
~he ~o~i~n Of L~cens~e~, ~he field inspection will §ie performe~:
(l:J~by representative~ of the Licen?r with optional
participation b~ join~ Owner(s), joint user(s), other License~s and the
Licensee, or
(2) bv Licensee, after first providing wriitten no-
tice to the Licensor of its.intention to perform said field inspection.
If the field inspection is performed b~ Licensee, the Licensee shall,
orior to commencement of the field inspection, obtain from the Licensor
- 10 -
information as to the Licensor's olanned future construction on the
ooles and/or anchors involved. Licensee shall furnish the required
field inspection data to the Licensor in a format specified by the
Licensor.
The field insoection data shall be of an accuracy and com-
oleteness necessary to permit the performance of make-ready and other
work required to accommodate Licensee's facilities ih a manner consis-
tent with the requirements of Article IV_Ii.) and IV (4. c.}. The
Licensee and Licensor may employ contractors to perform the field
inspection.
b. Licensee shall agree to pa~ the Licensor at the time
Licensee furnishes the field inspection data, an administrative handling
charge per pole as provided in the Schedule of Unit Costs filed with the
Public Service Commission.
c. tn the event the Licensor determines that a utility Dole
to which Licensee desires to make attachments is inadeouate or that a
pole or anchor needs rearrangement of the existing facilities thereon to
accommodate the facilities of Licensee, the Licensor will inform Licen-
see in writing of the cost of the required make-ready work. Charges for
make-ready work, the cost of surveys and/or inspections, shall be as
specified in Article VIII; Rates and Charges.
d. The Licensor shall specify the point of attachment on
each of the utility poles and/or anchors to be occupied by Licensee's
equipment and/or facilities. Where multiple Licensee's attachments are
involved, the Licensor will attempt, to the extent practical, to desig-
nate the same relative position on each ~ole for each Licensee's
facilities.
e. Licensee shall have thirty (30) days from the receipt of
written notification from the Licensor of the costs of make-readv work
to accept and to agree to pay all make-ready costs; provided, however,
that if the Licensor receives a request from another Licensee for an
authorization to attach to a utility pole or anchor for which a written
notification of make-ready work costs has been sent to Licensee, then
Licensee must accept within fifteen {15~ days after receipt of notifica-
tion from the Licensor of the other attachment request or until the end
of the thirty (30) day oeriod, whichever period of time is shorter.
f. Any required make-ready work will be performed followi'ng
receipt by the Licensor of the written agreement to pay the cost of
make-ready work. Licensee shall also reimburse the owner(s) of other
facilities attached to said poles or anchors for any expense incurred by
them in transferring or rearranging such facilities to accommodate
Licensee's facilities.
g. Should the Licensor, joint user or other Licensee, for
their own service requirements, need ~o attach additional facilities to
any utility pole or anchor to which Licensee is attached, Licensee will
either rearrange its facilities on the pole or anchor or transfer them
to a replacement pole or anchor as determined by the Licensor so that
the additional facilities of the Licensor, joint user or other Licensee
may be attached. Li, ce~ee shal, 1 not be entitled~o reimbursement for
the ~earranoemen't ,or t~n~er of LJce~ee'~ ~cilitie~ifrom,the Lice?or
or,joint ~s~r~.,. If,~Li~s~ does not r~a,~r~n§e o~t~a~fe~'~ts facjl~-
~iels:within fi~teen~t(i~ da~s a~te~r*rece]pt of w~i~ notiC6 from'the
tic6nsor requesting su~ ~e~rra~ge~nent 6r~ tr~ns~r th6Li.censor or-joint
user ~V-oefformo~ h~,~e perfbrmed suc~' rea*rran§~men~ or ~hsfer and
Licensee shall Day the cost thereof.
h, In an emergency, ~he L}censor. may rearrange or temporar-
ily remo~ k~e,~e~s: fa¢~l~t~es attached ~o ~ utility pole, and/or
anc'hor. · g~
i.. If servi, ce needs oq the Licensor or require
including, ~ut
modifications
n~
6osts
of
j. Upon written notice from the Licensor, om~a joi~t user,
Licensee sh~atl p~omp,tl~ perform any i.make-~eady wo?k neces~sa~y on 'Licen-
see's attachments to accommodate another Licensee's att'adbm~ht',lt~ a~
util,ity, pol~e an~d~O,r anchor. The Licensor and/or jo~ht, use~ sbanot be
liable for,~any ~QCh e~pen~e, tf Licensee fails to ~erform s~uch make-
ready work ~w~th~Q,~.~, ~f'~fteen·, (15) days frqm the date o~ ~?Itt?))~r~ot!cLe , o
the Lic~nsqr o~ jOl~ti'useP, the Licensor shall have the r~bit ~o per~torm
the make,r~,~dy ~wo?.k~ and charge Licensee the cost o~ ~perfoKmi~ng such
work.
'~, ~L(~ense,e shall reimburse the owner Or owners o other
faciq~i~ies~tt~c~ tO a ~tility pole and}or ancho~'l!for a~iy 6x,p~nse in-
curred by them.~g, tran~i~erring or rearranging said~c~l)tie§~ toaccom-
mod~te Lic~e~'~ attachments.
ion to attach a guy strand to an existing
uti mted where adequate Capacity, !s available as
soeci :nt written o~ocedures for, det6~mining the
filed separately wdth the Public Ser-
Should the Licensor O? Joint User for its
own :S ineed to increase its load On the anchor to
whi is attached, ~nd where ~ larger ancho~ is
~een necessary but for the attachment of
~ill either rearrange its gu.? strand on
the to a re:placement anchor a~s detei~mSned~by the
ngement a~d/or transf~ of the L~censor s
and and the installation ~f a new or' r~p!ace-
ment ~)ie expense of Licensee, prOVided this occurs
- 12 -
more than two {2) years after the date of the initial attachment author-
ization. If Licensee does not rearrange or transfer its guy strand
within fifteen (15) days after receiot or written notice from the Licen-
sor regarding such requirement, the Licensor or Joint User may perform,
or have Dermormed, the work involved and Licensee shall pay the cost
thereof.
m. Licensee shall notify the Licensor in writing before
adding to, relocating, replacing or otherwise modi[vino its' equipment
ano/or facilities on a utility oole or anchor, where a~ditional soace or
holding capacity may be reouired.
no Additional make-ready work necessitated by changes in the
service needs of Licensor or a Join~ User will be billable to Licensee
only after two (2) years have elapsed since the date of initial attach-
ment authorization, and only when necessitated by the presence of Licen-
see facilities. Additional make-ready work cost stemming from the acti-
vities of other pole occupants other than joint users is not the respon-
sibility of Licensee. When additional make-ready or related work is
required as a result of circumstances beyond anyone's control, including
but not limited to storms, vehicular accidents, or public work projects,
Licensee is responsible for the timelv repairing, relocating or replac-
ing of its own facilities and for th~additional costs incurred by Li-
censor or a Joint User solely resulting ~rom the existence of Licensee's
attachments, if any.
5. Inspections of Licensee's Facilities
a. The Licensor reserves the right to make post-construction,
subseouent and oeriodic inspections (of any part or all) of Licensee's
facilities attached to a utility or joint user's pole and/or anchor.
b. Licensee shall provide written notice to the LiCensor, at
least fifteen (15) days in advance, of the exact pole locations where
Licensee's plant is to be constructed and shall also notify the Licensor
in writing of the actual dates of attachment within five (5) days of the
date(s) of such attachment.
c. Where post-construction inspection by the Licensor has
been comoleted within thirty (30) days of the date of notice of attach-
ment of Licensee's facilities required in b. above, Licensee shall be
obligated to correct such non-complying conditions within fifteen {15)
days of the date of the written notice from the Licensor. If correc-
tions are not completed within said fifteen (15) day period, attachment
authorizations for the poles and/or anchors where non-complying condi-
tions remain uncorrected shall terminate forthwith, regardless of whe-
ther Licensee has energized the facilities attached to said poles and/or
anchors, and Licensee shall remove its facilities from said poles and/or
anchors in accordance with the provisions in Article VII. No further
attachment authorizations shall be issued to Licensee until Licensee's
facilities are removed from the poles'and/or anchors where such non-
complying conditions exist.
d. Where, po,~[~:0~u~t~.e,! ~§pe¢~on b)a~the ~Licensor h?s
not been co~leted ~wi~, ~% (~ da~ ef ~he ~of notice
attachment of Li~enseeLs :~f~c~l~ties~ L~e~see shall~'~q~rect such .non-
com T in "'condition~s ~n rf}~ee (15) Ldays of th~ate ~of the wri.tten
not~c~ from %he k~censom;~ ~'correct~o~$ ~e Dot ~ by L~cen~ ~th-
in said fi~fteen'(.15.)~ rda5 per~0d,.the Licensor. sh'al]l ~e~form or halve .per-
fo:~ed such corrections and Licensee shall pay to the Licensor the cost
of performing such work.
e. ~i'th~9 seven (7) days of the.completion of a post-con~
s~r~c~n f~p~[~ [he L~-censor shall no~'~f~ the Lice~s~ in ~rit~ng
of {h~'~a%~6~'.['~mp~~e~on ,Of ~he pos~-c0ns~rud~'~o~
.f~.SaBs~en~,imspect~e~s to dete~n~ ~'~ a~prop~e~co~-
rec~e ~c~[on~ba~en~[a~en m~ be made bv the L~enso~:~ ~[Tc~nsee
sha~ ~.~mB~e{~L~'~e~sor ~r ~e cost of such ~D~pect~on~ ~ spec-
fi~e~ in Arti~'t~ VI~t.
g. The making of post-construction, subsequent and/or peri-
odic insoections br the failure to do so shall not operate to relieve
Licensee of any responsibility, obligation or liability specified in
this Agreement.
h, The costs of inspection made during construction ano/or
the init~iat oost-construction survey shall be billed to the Licensee at
the same time.as make-ready charges. The costs of Periodic Inspections
or any inspections found necessary due to the existence.of substandard
or unauthorize~ attachments shall be recovered according to the Schedule
of Unit 'Cb~s filed with the Public Service Commission.
i. Licensor reserves the right to make periodic inspections
of all or any part of the cable, equipment and facilitie~ of Licensee on
Doles owned by the Licensor and/or Joint User(s), at the expense of the
Licensee as s~eci'f!ied in ArtiCle VIII~ Periodic inspections of~ the
entire plant of the Licensee will not be made more{oft~n~ than once every
~ive years and upon 30 days notice to Liqensee unless lp,Licens~'~
judgement :~uch inspections are?eq0ired fo~ reason~ involving sa~e~y or
because Of an alleged violation of .the terms of th}s A?eement by
Li.censee.
6.~ Unauthorized Attachments
a. If any equipment and/or facilities of the Licensee
shalq be ~ound atbached to a pole and/or anchor for which authorization
qas not been granted by the Licensor, the Licensor, without omejudice to
its other~riqhts or remedies under this Agreement, including termination
or otherwise~ may impose a charge and require the Licensee to submit in
writi~ng, within-ten (10) days after receipt of written notification ~rom
the Licensor of the uneuthorized attachment, a pole and/or anchor
attachment application. If such application, is not received by the Lic-
ensor within the specified time period, the Licensee will be required to
remove its unauthorized attachment within ten (10) days of the final
date for submitti'ng the required application, or ~he Licensor.may remove
the Licensee's faciQities without liability, and t~e cost of such re-
moval shatl~be borne by the Licensee.
- 14 -
b. For the purpose of determining the applicable
charge, the unauthorized attachment shall be treated as ~avinq existed
for a period of five (5) years prior to its discovery or for She oeriod
beginning with the date of the initial agreement, whichever period shall
be shorter; and the charges as specified in Article VIII shall be due
and payable forthwith whether or not Licensee is permitted to continue
the attachment.
c. No act or failure to act by the Licensor with regard
to said unauthorized attachment shall be deemed as the authorization of
the attachment; and, if any authorization should be subsequently issued,
said authorization shall not operate retroactively or constitute a
waiver by the Licensor of any of its rights or privileges under this
Agreement, or otherwise, provided, however, that Licensee shall be sub-
ject to all liabilities, obligations and responsibilities of this Agree-
ment ~n regard to said unauthorized attachment from its inception.
ARTICLE V
OTHER OBLIGATIONS OF LICENSEES
1. Insurance
a. Licensee shall carry insurance oolicies issued by an
insurance carrier licensed to operate in the State of New.York to pro-
tect the Licensor and joint users as named or additional insured from
and against any and all claims, demands, actions, judgments, costs,
and/or exoenses, including attorney's fees, and liabilities of every
kind and nature which may arise or result, directly or indirectly, from
or by reason of such loss, injury or damage as covered in Article VI.
b. The amounts, of such insurance:
(1) against liability due to injury or to death of
oersons shall be not less than $1,000,000 as to any one person and
$1,000,000 as to any one occurrence, and
(2) against liability due to damage to property
shall be not less than $1,000,000 as to any one occurrence.
c. Licensee shall also carry such insurance as will
protect Licensee from all claims under any Worker's Compensation Law
in effect that may be applicable.
d. All insurance must be effective before the Licensor
shall issue authorizations for attachment of facilities to any utility
pole or anchor, and shall remain in force as long as Licensee's facili-
ities remain attached to any utility pole or anchor. In the event that
Licensee shall fail to maintain the required insurance coverage, the
Licensor may pay any premiums thereon falling due and the Licensee shall
reimburse the Licensor for any such payments made.
e. Licensee shall submit' to the Licensor certificates
by each company insuring Licensee for all liabilities of Licensee re-
ferred to in Article VI. Licensee's insurance policies shall provide
that they will not cancel or amen~ such policy of insurance issued to
Licensee except after thirty {30) days' prior written notice to the
Licensor and joint user.
f. L~censee shall pr~]y adv~ ~e Licensor of all
claims' relatingito damage t? prop~r~;or'i~j~ury ~b o~death of persons,
abising or alle~e.d to'have ~fisen ~nany m~,nner~ dire~tiy or indirectly,
by the-erection, mainte~n. Fe, r~air, Kepl~cement, p~esence, use or re-
moval ~f the LiCensee% 'f~c~liti~s~ Copie~ o~lq' ~c~ident reports and
statements made to the 1.nsurer b~ the L~censee, or ot~ers, shall~ be
furnished pK~m~tly {o the L,icens~r.
g. -he Licensee at Licensor's option m~y be self-
· insured wi.~h regard to its liability under the ternm of this agmeement.
2. ~u.ret¥ Requirements
Licensee ~hall furnish bond or other satisfactory evi-
dence of f~nancial security.in an amount specified as follows to guaran-
tee the payment!of any sumswhich may ~ecome due to the Licensor for
· attachment fees'dUe h6reunder and any bther charges for work performed
for Licensee, by theLicensor, includihg the removal of Licensee's
facilities Upon.~t~rmin~tion of any authorization issued hereunder.
a. Li~¢ensee shall furnish a cash deposit, bond,
irrevocable Let~eK of ~redit or other Security satisfactory to the
Licensor in the following amounts: Security in the amount of $20.00,
shall be r~ouired for each authorized pole attachment. The total amount
of securit~ re~uir~d.~jereunder shall not exceed $300;000 o~ be less than
$1,000. Sece~i~y will,'not be required wh~re Licensee's total attachment
authorizations d~ n'o~t"~xceed ten (10). ~
b. If the financial security is in th~ form of a bond or
irrevocable Le~er ~o~ Credit, such ~nstrument~shatl, be issued by a
Company ~K~Ban~..$Jti,~fa~ory to ~the [lcensQr. The ~nstr~ment:s~atl~ con--
rain a pr~isi~h~tlth~ Suret~ Company or Bank will p~y the-Licensor
wlthln the'dolt~a~"}~m~ts of the ~nstrument any sumdemandedby the Lic-
ensor as due unoer this Agreement, whether or not the Licensee Contests
its liabi.l~ty to pay such sum, and whether or no~ the.Licensor exercises
or has exe~cds~"~n~ op~i~on i:t may have to terminate.: If'any~such
amounts are,'p~q~ by t~e Surety Company or Bank, the Llcensee shall
restore th~ i~ ~Q'dlor Letter of qredlt to the f~q~amOunt required
under ~hi$ ~il61e,jwilthi~ th)rty (30) days after notice.of s~ch payment
is ~ent to ~he~i6e~see~
c. If the security is in the form of a cash'deposit,
interest at the rate currently paid by the Licensor on deposits shall be
credited to the UicenSee during the continuance of'the deposit. If the
Licensee shall fail ~ pay any sum demanded by the Licensor as~due under
the provisions of this Agreement, the Licensor shall have the'right,
without prior notice to the Licensee forthwith to app)y~any oh all'
amounts on deposit wi~h it to payment of the sum du~, Whether. or not the
Licensee contests i{s liability to pay such sum, and whether or not the
Licensor exercises or has exercised anyoption it may have to'term)hate.
- 16 -
If any such amounts are applied to payment of sums due to the Licensor,
Licensee shall restore to its deposit the amounts so applied within
thirty {30) days after notice to Licensee of such application.
d. The amount of the bond or the financial security
shall not operate as a limitation upon the obligations of the Licensee.
e. Surety is not required for a municipal owned
facility.
ARTICLE VI
LIABILITY AND DAMAGES
1. The Licensor reserves to itself, its successors and assigns,
the right to relocate and maintain its poles and anchors and to operate
its facilities in conjunction therewith in such a manner as will best
enable it to fulfill its own service requirements. The Licensor shall
be liable to Licensee only for and to the extent of any damage caused by
the negligence of the Licensor's agents or employees to Licensee's
facilities attached to a utility pole or anchor. The Licensor shall not
be liable to Licensee for any interruption of Licensee's service or for
interference with the ooeration of Licensee's facilities arising in any
manner out of Licensee's use of utility poles or anchors.
2. Licensee shall indemnify, protect and save harmless the Licensor
from and against any and all claims, demands, causes of action and costs,
including attorneys' fees, for oamages to property and injury or death to
~ersons, including payments made under any Worker's Compensation Law or
under any olan for employees' disability and death benefits, which may
arise out of or be caused by the erection, maintenance, repair, replace-
ment, presence, use or removal of Licensee's facilities or by their
proximity to the facilities of all parties attached to utility Doles or
anchors, or by any act or omission of Licensee's employees, agents or
contra,ctors.
3. Licensee shall indemnify, protect and save harmless the Licensor
from any and all damages, cost and exoenses imposed on the Licensor as a
result of the presence of the Attachment on the pole and/or acts by the
Licensee, its employees, or its agents or contractors, including but not
limited to damages, costs and exoense of relocating utility poles or anchors
resulting from loss of right-of-way or property owner consents and/or the
costs and expense of defending these rights.
4. L$censee shaT1 indemnify, protect and save harmless the Licensor
from any and all claims, demands and costs, including attorneys' fees,
which arise directly or indirectly from the operation of Licensee's fac-
ilities, including taxes, special charges by others, claims and demands
for damages or loss for infringement of copyright, for libel and slan-
der, for unauthorized use of television broadcast programs, and for
unauthorized use of other program material, and from and against all
claims, demands and costs, including attorneys' fees, for infringement
of oatents with respect to the manufacture, use and operation of Lic-
ensee's facilities in combination with utility poles, anchors or other-
wise.
· 5~, Shoul~ the Li~hs~r r~emowe'~LiCem~see'~ facilities ]from'a
util~t~ pole and/or anch~s Under.A~l%~icle VII, thel Licensor~will deliver
to the Licensee the facilities so removed upon payment by License~ of
the cost of remo~l, sterage and delivery; and all other amounts dbe the
Licen~0~.~ The L~cen$or~n~l h~ave a lien on Lic, ens~e~s faCilities
~ttached. to 'uti.?ty po~!~§'~a, nd/o,~ anchors or rem6~ed~here~r~m~ w~th
power ~o~ publ ~c. o~ priwt~e~ sale'~ to: cover an.y amoOnts d~e ~he IJi~basor.
Such I~ens sba t not ~perate to prevent the L~cen$or from p~rsu~nq, at
its option, andy other remedy in law, eouity or otherwise.
ARTI'CLE VII
~ERMINATIONS OF AUTHORIZATIONS
1. In addt~i'oh to rights of te;rmin~ion orovided to the
Licensor under other prdvq~iOns of this A~meement, the Licensor s~all
have the right to terminate utilit~ pole and/or a~chor attachment
authorizations and rights granted under orovisions of this Agreement
~ here:
a. tEeiLicensee's facilities are maintained or used in
violation of any law or in a~d of any unlawful ac~t or undertaking, or
b. t~e Licensee ceases to have authority to construct
and ooerate its facil'ities on oublic or private p~operty a,t t~e location
of the p~rticular pole or anchor covered by the authoriza,tion; or
c'. the Licensee fails to comply with any of the terms
and conditions of this Agreement or default~ in any of its obligations
thereunder; or
d. the Licensee attache~ to a util'ity Dole and/:or
anchor without having first been issued authorization therefore; or
e. the Licensee, subject to the orovisions specified in
Article III {5.), should cease to provide its services.
f. the Licensees' facilities are used by others not a
oarty to this Agreement.
g. the Licensee sublets or apportions part of the
~icensed Dote attachment to an entity not a Dartv to this Agreement.
2. The Licensor will promptly notify the Licensee in writing
of any instances cited in Article VII (1.} preceding. The Licensee
shall take corrective action as necessary to eliminate the non-compli-
ance and shall confirm in writing to-the Licensor within thirty (30)
days following such written notice that the non-compliance has ceased or
been corrected. If Licensee fails to discontinue such non-compliance or
to correct same and fails to give the required written confirmation to
the Licensor within the time stated above, the Licensor may terminate
the attachment authorizations granted hereunder for utility poles and/or
anchors as to which such non-compliance shall have occurred.
- 18 -
3. Pole and anchor attachment authorizations and rights as
granted under provisions of this Agreement may be immediately terminated
by the Licensor if:
a. The Licensee's insurance carrier shall at any time
notify the Licensor that the DOlicy or policies of insurance as required
in Article V will be or have been cancelled or amended so that those
reauirements will not longer be satisfied.
b. The Licensee shall Cail to pay any sum due or to
deposit any sum required under this Agreement, or shal~ fail ~o maintain
satisfactory security as required in Article V (2).
c. any authorization which may be required by any
governmental or private authority for the construction, operation and
maintenance of the Licensee's facilities on a utility pole or anchor is
denied, revoked or cancelled.
4. Licensee may at any time remove its facilities from a
Dole or anchor after first giving the Licensor written notice of
Licensee's intention to so remove its facilities.
5. In the event of termination of any of the Licensee's
authorizations hereunder, the Licensee will remove its facilities Crom
the Doles and anchors within thirty (30) days of the effective date of
the termination; provided, however, that Licensee shall be liable for
and pay all fees and charges pursuant to provisions of this Agreement to
the Licensor until Licensee's facilities are actually removed from the
utility poles and anchors. If the Licensee fails to remove its
facilities within the specified period, the Licensor shall have the
right to remove such facilities at the Licensee's expense and without
any liability on the part of the Licensor for damage or injury to such
facilities or interruption of Licensee's services.
6. When Licensee's facilities are removed from a utility
Dote or anchor, no attachment to the same utility pole or anchor shall
be made until the Licensee has first complied with all of the provisiors
of this Agreement as though no such Dole or anchor attachment had been
previously made and all outstanding charqes due to the Licensor for such
Dole or anchor attachment have been paid in full.
7. Prior to terminating or revoking any license under this
Agreement or the Agreement itself for whatever cause or purpose, a peti-
tion may be brought, by either party, to the Public Service Commission
requesting the Commission to decide the dispute. A Public Service
Commission determination shall be binding on all parties to this Agree-
ment. However, the right of the Licensor or Licensee for judicial
review of the Commission determination remains.
ARTICLE VIII
RATES AND CHARGES
The Licensee is responsible for and agrees to pay all
rates, charges and costs as specified elsewhere in this Agreement and as
set Forth below. Licensee shall ~e~res~on$ible ~or payment of all
charges ~or preconstruct~nn survey and Make-ready work, upon completion
o~ work performed or expense~ fncurred Uy the L$ce~sor regardless of
whether Li,cen~eesubsequ~e~tly withOraws its application for attachment
authprizations For the p~2esqand anchors on which such work-was per-
Licensme agrees that, in the event Licensee 6ails to pay
am amount due and owing within the period o¢ ti'me set forth for 'payment
in this Aqreeme~t, interest shall accrue on the unpaid balance.thereof
saut'c ~'~h~_,-r la,~i? ~:n~i} 11~,~ lm.sOn trhe c fe~'vr e~ monthLicensor.~ro~ the ~xpl ratio' ',no~
1. Attachmen:t Rates
Thea~tachment rates shall be as specified in a schedule
currently filed With~t~.Public Service Commission (Exhibit E~.
2. Cha%gms For Make-Ready Work {UNIT COSTS)
Make-~'ead~ charges shall be billed, uPOn completqon of
work on individual, poleS, according to the current Schedule of Unit
Costs filed w~th the Public Service Commission. When Licensor employs
an Outside contraotom rather than its own work forces tn perform make-
ready, Licensee shalq pay an amount eoual to the contracbor~s Fees plus
a premium eou~l to no more than 10% of those fees. Licens~r shall make
availabJe copies of all written contracts, agreements, understandings
and work orders pertinent to make-ready work performed by such
contra~to~.
Charges for Inspections
a'. The cost of the Post-Construction Inspection shall
be billed ~pon completion of the Inspection by the ,Licensor.
b, The'cost of Periodic Inspection will be billed to
the Licensor upon completion of the i,nspec~ipfo~b~he Licensor.
c. Licensee shall pay the cos~ af subsequ_nt
inspections to insure correction o~ variances from required~construction
and maintenance practices, determined to exist th¥ough'pnst-constructi~n
or periodic inspections.
4. Pa~ent of Rates and Char~es
~,A,L:~Un,~e,$~A~herwise.~ provided elsewhere in this Agreement,
Licensee~s~haQ~ ~ay,~a~l'~%~s and charges, as specified in the Agreement
and/or ~n ~"~h~d~le,~rrently filed ~ith the Public' Service Commission,
within thirty {30)~days from the dates of billing thereof.
ARTICLE IX
EOUAL EMPLOYMENT OPPORTUNITIES
L~censee affirms that the Equal Employment Opportunity provis-
ions reou~red~'by law, regulation or executive order to be incorporated
in this Agreement as se~ forth in a Compliance Undertaking prepared by
Licensor have bmen read and signed by Licensee, and that the said Com-
pliance Undertakin~ has beer delivered to Licensor. Such Compliance
Undertaking shall continue i~ effect until specifically withdrawn in
writing by Licensee (Exhibit F).
- 20 -
ARTICLE X
LICENSE NOT EXCLUSIVE
Nothing herein contained shall be construed as a grant of any
exclusive license, right or orivitege to Licensee. Licensor shall have
the right to grant, renew and extend rights and privileges to others not
parties to this Agreement, by contract or otherwise, to use any poles
and/or anchors covered by this Agreement.
ARTICLE XI
WAIVER OF TERMS AND CONDITIONS
Failure to enforce or insist upon compliance with any of the
terms or conditions of this Agreement or failure to give notice or
declare this Agreement or the licenses granted hereunder terminated
shall not constitute a waiver or relinquishment of any such term, con-
dition or act but the same shall be and remain at all times in full
force and effect.
ARTICLE XII
TERMS OF AGREEMENT
If not terminated in accordance with its terms, this Agreement
shall continue in effect for a term of one (1) year from the date hereof
and thereafter until three (3) months after written notice of termina-
tion is given by either party. Such notice of termination may be given
to take ~ffect at the end of the original one (1) year period or au any
time thereafter.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in duplicate on the day and year first above written.
~ZT~(ATTEST)
/
WITNESS (ATTEST)
~ud~h T. Terry, To~n Cleric/ -
New York Telephone
MANAGER
Supervisor
JANUARY, 1985
APPLICATION AND POLE LICENSE1
EXHIBIT A
New Yolk Teleohone Company
19
, New York
In accordance with the terms and conditions of the Pole Attachment
Agreement between us, dated as of , 19 , application
is hereby made for · license to make attachments to thereOF lowing ~oles
which are indicated to be New York Telephone Ownership, Joint Ownership
or unmarked.
Pole No. ~
· Ownership
Munici-
Location Attachment3 palit~
(Name of Licensee)
License Number4
the above poles as have not been stricken from the above list,
By
Title
is hereby granted, for attachment to such of
, 19
New York Telephone Comoany
By
Title
Date
1. Applications shall be submitted in duplicate.
2. Indicate T fpr New York Telephone Ownership
Jt for Joint Ownership
U for unmarked
E for Electric Company Ownenship
3. A comolete description of all facilities shall be given, including
cuantities, sizes and types of all cables and equipment.
4. This license is issued under the terms and conditions of the Pole
Attachment Agreement.
EXHIBIT B
NOTIFICATION' OF REMOVAL OF POLE AND/OR ANCHOR ATTACHMENT BY lICENSEE
, N.Y., 19
New.York Telephone Company
· New York
In ~ccordance with the t~rms and conditions of the Pole Attachment
Aqree~fit~etween us, dated as of , 19' ~indly cancel from
ybur reCOrds the following,poles and/or anchors covered by the licenses indicated
from which our attachments were removed on , I9 "
Pole Pole License
Number Location Number Municipality
Title
(Name of Licensee)
RECEIPT of the above Notice is hereby acknowledged, 19
New York Telephone Company
By
Title
Date
(Submit in duplicate)
EXhIBiT C
APPLICATION AND ANCHOR LICENSE1
NewYork Telephone Company
· New York
· N,Y., 19
In accordance with the terms and conditions of the Pole Attachment
'Agreement between us, dated as of , 29 , application
is hereby~ made far a license to make attachments to the-t~6Tlowing anchors
f~r which !New York Telephone or the Power Company is licen~or~
Pol.e No. &2 Make Ready &
Licens.or Anchor3 Location Attachment4 Municipal. i%y By Whom
~Name of Licensee)
By
Title
6
License Number is hereby granted, for attachment to such of
the above poles as have not been stricken from the above list, , 19
New York Telephone Company
By
Title
1. Applications shall be submitted in duolicate.
2. Indicate T - New York Telephone is Licensor
L - Power Company is Licensor
3. Indicate N, E, S, or W, for North, East, South or West and inside, middle or
outside anchor as appropriate.
4. A complete descriDtion of all facilities shall be given, including quantity,
size and type of guy strand.
5. A complete description of all "Make Ready Work," if necessary.
6. This license is issued under the terms and conditions of the Pole Attachment
Agreement.
EXHIBIT D
~ipRoc~DURE'~FORD~ERMINI~G WHEN EXISTING NYT ANCHORS
HAtE CAPACITY TO ACCOMMODATE AUTHORIZED LICENSEEATTACHMENTS
Determine the maximum capacity of the guy rod. Newer guy rods are marked
with their c~pacity; if the rod is unmarked, the capacity is listed in
t~e f~l:~oW~'~.~b]e:~<'~he. Gby.Rod~and S~rand~,G~b~e':$hou~d be used in
RO?~ ~D I, IETER
1 1/4~
CUMULATIVE STRAND
SIZECAPACITY
2, 2M
6 or 6'.:.6M
..~6M
26~
32M
*Swamp Anchor w/1 1/4" Rod - 6M Capacity.
Determine the combined capacity of the guy strands attached to the anchor
rod.
Example.:
Table A Section 4**. (6M Plus 1OM = 16M)
The difference between the anchor rod capacity and the combined caoacitv
of the guy strands at.tached, is the capacity available for the licensees'
guy strand attachment.
Example:
1" Anchor Rod - 26M Capacity
1OM (TEL) plus 11M (EL) = 21M, The Spare Capacity is 5M
Determine the licensees' guy strand requirements, Part 7, Section 6**.
Add capacity of licensees' guy strand to cumulative capacity oresently
attached to the anchor rod.
Only when the known capacity of the anchor is equal to or greater than
the total guy strand requirements, shall a license be issued to the
Licensee allowing the attachment.
Bell Operating Companies Manual of Construction Procedures
(Blue Bookl
Example:
1" - Anchor Rod - 26M Capacity
Total of Guy strands - 1OM (TEL) plus 11M (EL) plus 4.7M CATV=25.7M
6 - If it is determined that an anchor does not have sufficient unused
capacity to allow the attachment of the Licensee, a License shall not be
issued. The Licensee will then have the following options:
(a) The licensee can obtain right-of-way and place its own
anchor and guy.
(b)
For sidewalk anchors only, the Licensee can request that
the Licensor of the pole replace the existing anchor with
an anchor having larger capacity at the Licensee's
expense.
lc)
The Licensee can request at Licensee's expense that the
Licensor and Joint User reevaluate the existing guy
capacity versus' the reouired guy strength for the
stress on the pole, to determine if the existing guys are
oversized. Licensees ~ermission to attach would then be
based on the actual reouirements of the existing guys.
SCHEDULE OF RATES FOR EXHIBIT
NEW ~ORK TELEPHONE COMPANY
STANDARD.PQLE~/~BM£NT
FILED WITH'NEW WORK STATE PUBLIC
SERVICE COMMISSION AS OF DECEMBER 27, 1979
RATE
Pole Attachment Annual Rate - $5.00 ~er attachment per pole Der year;
made on or after January 20, 1976
Pole Attachments existing prior to
· NO CHARGE.
Attachment to anchors that are authorized is included in the above fee.
Pole Attachment Rate for an optional one-time payment. The formula for
determining the one-time payment is:
~= F X P/W
where:
P is the one-time payment
is the current Annual Attachment Fee filed with
the Public Service Commission
P/W is the present worth of an annuity,
compounded annually to 30 years, at the interest
rate currently paid by the Licensor on
deposits of its subscribers.
COMPUTATION
For the purpose of computing the total attachment fees due hereunder, the
total fee shall be based upon the number of attachments licensed whether or
not attachments are actually made on the fifteenth (15) day of June and the
fifteenth (15) day of December om each year. The first payment of the anrual
charge for licenses granted under this Agreement shall be pro-rated from the
month of issuance of the license to the first regular payment date at the rate
of forty-two (.42) cents a month per Dole attachment.
PAYMENT DATE
Attachment fees shall be due and payable semi-annually~ on the 31st day of
January for the last half of the previous calendar year and on the 31st day of
July for the first half of the presen~ calendar year. Failure to pay such
fees withim thirty (30) days after presentment of the bill therefor or on the
specified payment date, whichever is later, shall constitute a default under
this Agreement.
TERMINATION OF LICENSE
a} Annual Rate
Upon termination of a license granted hereunder, the applicable attachment
fee shall be pro-rated at the rate of forty-two (.42) cents a pole attach-
ment per month remaining in the period for which rental has been paid.
b) One Time Payment
Upon termination of a license granted hereunder, the applicable attachment
fee shall be retained by the Licensor except that, if within the first 30
years of issuance of a license under the one-time payment option, Licensor
revokes such license under circumstances where Licensee's facilities
thereunder cannot be relocated pursuant to Article ~II of the Pole Attach-
ment Agreement. Licensor shall refund to the Licensee a pro-rated portion
of the one-time payment charge calculated for such 30 year period. The
attachment fee is not transferable to another pole.
EXHIBIT F
E.E.O. COMPLIANCE UNDERTAKING
Ii EOUA6 EMPU6¥MENT~:6PPORTU~ ITY PROVISIONS
~r~ acco~danc~i, wi-{h
~xecuti:v~.FOrder No~,11246, ,da~ Sep~ber 24, ~965-,,. as
:~ ~v ~.~h~i¥~ r NO. ~1375, dated OEtober 13, -1~57, and U,S. ~Code of
Fed~eral Regulat~ o~t~- T1 tle il-Pub) ~ c ~ntracts and -Proper%y -hanagement,
60-O~i~e ~o~ ~edet~t. Contraot Co~'tiance, ~qual EmQl~y~ment ~p~or~u~?y,
the Dairies' f6cl ~e~ ~ n. ~.~hi-s cofftr~ct the f6t 1 owing unOeKs~t~ng a-nd~ ~g~eem~n.~:
A. FOR~CO~RACI~S{sFJXC~EO~N)i $~0~,~00 t
referre~'~:s ,,:Co'.~Fa~r~ ~e~~, .as %ol 19Ws., - .,
for ~,'~l, cv~' herm~us~'.o~~'~ ~)s~or~ ~! 3~n, sex, or,na~}onal of~g~n.~ The
wmm m mmm m m m ~m m~ mQ '~ m ~ m ~ '~ ~ ~ ~j ~ ~ ~ J? ; 4 ·
cont?ac~'n? )~ 1 ,?aWe a~-'r~ ~5~'{g~on't~ ~sur~ t~at,,ppl,~cants are ?ployAd,
~nd +~r' ~'"c. lo;,~'~'s a~ne r. reat~ ~ng~e~9 ~ment w~thout regard to their race,~
limi'ed to +h6 rol"a~,-r.~' ~ ~lo~men~, bpg '~d~ng, demotion or traBsfer, ..~ ,
~ w~+~' q ~,~t ~d~ ~t~S~: la~ ff O~ tsr~natlo~ rates of ~8:Y ,or
r, C ...... ~ ~ ,.-,'. ,., ...... ~- ~ '
~c-~rent~mCeqyic. T~,e'~epr~a~o- agrees tn cOSt ~n Conspicuous places, available
+r.' erm~p'1 o.vee~ ard ap!)~i,carts :S~or 6~;'~ oymMnt., .~otices~ ~m~b~ prov~de~ ~y' t~e.
for
qual i fled
to race,
col,~
~,nrk
u~de~st ~dq'~ a.?bti'ce,
rdv~si~r'the.labor..un~nr
coc.R.i~m~o~s ,und~.r ~eec~cr
1965, ara.~hall ~o~t
e .... .cc and applicants
labor union or representative of
ning agreement or .other contract or
agency contracti'ng officer,
ive of the contractor's
)er No. 11246 of September 24,
ink, conspicuous olaces a~ailable to
provisions of Executive Order No.
~resent rules, regulations, and relevant
Ex~
anc
acc~s
ail information and reports reauired by
4, 1965, and by. the rules, regulations,
r,. or pursuant thereto, and will .perm~t
he contracting agency and the
to ascertain Compliance with
i~ons, and orders.
-2-
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be cancelled, terminated, or suspended
in whole or in part and the contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order
No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in the Executive Order No. 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
{7) The contractor will include the provisions of the paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by such
rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204, of Executive Order No. 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor
will.take such action with respect to any subcontract or purchase order as the
contracting agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance; orovided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as the result of such direction by the contracting agency, the contractor
may reouest the United States to enter into such litigation to protect the
interests of the United States.
B. CERTIFICATION OF NONSEGREGATED FACILITIES (41 CFR 60-1.8)
The contractor certifies to New York Telephone Company that it does
not and will not maintain or provide for its employees any segregated facilities
at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location, under its control, where
segregated facilities are maintained. It understands and agrees that a breach
of this certification may be violation of Equal Opportunity clause required by
Executive Order 11246 of September 24, 1965.
As used in this certification, the term "segregated facilities" means
any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other
eating areas, time clocks, locker rooms and other storage or dressing areas,
parking lots, drinking fountains, recreation or entertainment areas,
transportation and housing facilities provided for employees which are
segregated by explicit directive or are in fact segregated on the basis of race,
color, religiop, sex or national origin, because of habiT, local custom or
otherwise.
It further agrees that (except where it has obtained similar
certifications from proposed subcontractors for specific time periods) it will
obtain identical certifications from proposed subcontractors prior to the award
of subcontracts exceeding $10,000 which are not exempt from the provisions of
the Eoual Oooortunity clause; that is will retain such certification in its
files; and that it will forward the following notice to such proposed
subcontractors (except where the proposed subcontractors have submitted similar
certification for specific time periods):
~it '~NOTI£6~xTO.pR~.SPECTZ~E~SUBCONTRACT~BS OF R~EQUIR, EMENI FOR
CERTIFI~IONS i]F~NO~ISEGREGATEDFACILI~IES. ~A ~ert~icati~ Qf nonsegregated
Faci~i:t~e~, as~ required b~ the May 9,':,1'967, ~oeQer'~n E1 imination of S~grega%ed.
Facilq~ies, by ~he~Secretary of Labor ~(32 Fed~ Beg.~ 7439, Mas 19, 1~67), must
be'.s~bmitted prior t6 the awar~ Of a. s~bcontr~c't e~c6eding $10,000 which isn,t
exe~'~f~om~the.pr~ cf ~he~ Equal ,~p~'ty Clause... ~he 'certifi?ti~on
m~Y be submit%ed eJther'fQr ~cb ~ubcontract.~,~for ail subcoD%.racts d~r~ng a
1001."
FOR CONTRA£TS E.~XCEBDINC- $50,00Q' ..WI-TH.-CONTRACTOR 16iYN '50'~.OR ~IORE: EMPLOYEES
~I C~R 60-1.~ .AF~RMAT~VE AC~ION'~'PROGR~ CERTIFI~T~N
. T~e :o~ra~t.o~' (or sUbc'o~%ractoT~ certifies t~ the. New York Company
that it ~s~d ~)~ed~ O~)~.l] id~elop a wr~tten aff~,rmative,act~on c~pl~ance
proJr~m ~n ~t ~rd~A~Wi~ the r~qu~em6~s set fori~ ~A Ii~le 41-Public
Compl ~;an'Cb,?:E ~at :m~'! oyn;eet ,~pnr, rur, i ~.y~Depar[tme~ bf L~bor, part~,.: .
60-1-Obl~t~' ns~of ~ont¢acto~s and Sub~o~rac:tof~j~Se~tio~/60-1'.40[.: Code of
Federal ~ P~Jgbl ti on~,j ,eff~c~,!va ~l.y 1, 19~B ~ as a~
.he~.c,..~.Poctor, ,..,~ .,~..,c~Erac'tor) ~er.,,les ,o ,,ew York lelepKone
Company' that E.E,.O~ -!. Star.dared Form i00 promulga~'ed j.oin.~!y by f~e Offi6e Of
Federal Cor, tra~t..Cb~ol.ia?c'e, th~ EC. al E~Dlovment ~O~po~tunity Co~i~sion and
Plans fEr PKc.grEss~ has,De'eh ~r vnl. 1. be ft ed ~n a~cordance :with ~he
requ~ren~:nts, s~.t,,Ecrt~ ~ ?~t.!e. 41-Pub1 ~c' Contract~ and Properts Mq~age~nt,
Chapter 6e-C~fic'-e...oE r~er,~l Cc, nfi~act Co~pliapce, ~E~ual E~pl.~yme~t;~ppo~unity,
Depa~m~nt cf:L~bor., Pa.[t '.60-1~-Ob1~ea~icns o~ Con(~ractor~. a~d Subc~ntfacfors,
Sectl,on, 60-~,7 rode of'reJeral Reo~,.~ficn's, 6ffec!~?e <ul~ 1~ 196~ as ~ended.
. '' "" ~'' 'K" 1-!. '' "
II ~MI)~C, RiT'v ~BUS~)CESS E.,,~.PR..~ES (4~ CfR .J!~-2)
~'~ 'acda~'a6cd~-~h E'x~ut'fve firder No> ~25, f~-t~ fictober 13, 1971,
a~d U.S. ~.ede' ~ rledera~, Reg~,la;~llon~ ~:tl~ 41-PuDl~Ec~o~ract~ and Property
Managament, C~aa~ 1-F~a] P~cure~ent
Bus~ess t.n?r~r~es, as such. ~'a?t bc' amended ~r~ ~1~me t~ t~me~ the parties
FOR CONTRAC~$.[E~)~N.~ $ .OB ,
UTILIZATION O~ ~p~T~ ~ E~EN~E~SES
(a) t~s th~ ~tlqy~of ~he GOvernment that mln~m~ty business
~nterpr~ses sha~(!L~e~t6F~ m~b~ pradt~cable opportunity ',%o participate in the
-4-
(b) The Contractor agrees to use his best efforts to carry out this
policy in the award of his subcontracts to the fullest extent consistent with
the efficient performance of this contract. As used in this contract, the term
"minority business enterprise" means a business, at least 50 percent of which is
owned by minority group members or, ~ case of publicly owned businesses, at
least 5I percent of the stock of which ~s owned by minority group members. For
the purpose of this definition, minority group members are Negroes,
S~anish-speaking American persons, American-Orientals, American-Indiaps,
American-Eskimos, amd 2merican Aleuts. Contractors may rely on written
representations by subcontractors regarding their status as minority business
enterorises in lieu of an ~ndeDendent investigation.
FOR CONTRACTS EXCEEDING $500,000--
MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM
· (a) The Contractor agrees to establish and cnnduct a program which
will enable minority business enterprises (as defined in the clause entitle
"Utilization of Minority Business Enterprises"), to be considered fairly as
subcontractor and suppliers under this contract. In this connection, the
Contractor shall--(1) Designate a liaison officer who will administer the
Contractor's minority business enterprises program. (2) Provide adequate and
timely consideration of the potentialities of known minority business
e~terprises in all "make-or-buy" decisions. (3) Assure that kno~ minority
business enterprises will have an eouitable opportunity to compete for
subcontracts, particularly by arranging solicitations, time for the preparation
of bids, ouantities, specifications, and delivery schedules so as to facilitate
the ~articipation of minority business enterprises. (4) Maintain records
showing (i) procedures which have been adopted ~o comply with the policies set
forth in this clause, including the establishment of a source list of minority
business enterprises, (ii) awards to minority business enterprises on thesource
list, and (iii) specific efforts to identify and award contracts to minority
business enterorises. (5) ~nclude t~e Utilization of Minority Business
Enterprises clause in subcontracts which offer substantial minority business
enterprises subcontracting opportunities. (6} Cooperate with the Contracting
Officer in any studies and surveys of the Contractor's minority business
enterprises DroceOures and practices that the Contracting Officer may from time
to time conduct. (7) Submit periodic reports of subcontracting to known
minority business enterprises with respect to the record~ referred to in
subparagraph (4), above, ~n such form and manner and at such time (no~ more
often than quarterly) as the Contracting Officer may prescribe.
(b) The Contractor further agrees to insert, in any subcontract
hereuqder which may exceed $500,000, provisions which shall conform..
substantially to the language of this clause, including th~s paragraph (b), and
to notify the Contracting Officer of the names of such subcontractors.
III. LISTING OF EMPLOYMENT OPENINGS FOR VETERANS {41 CFR 50-250.2)
In accordance with Executive Order No. 11701, dated January 24, 1973,
and U.S. Code of Federal Regulations Title 41-Public Contracts and Property
Management, Chapter 50, Part 50-250-Veteran's Employment Emphasis Under Federal
Contracts, as such may be amended from time to time, the parties include in this
contract the fcllowing understanding and agreement.
FOR CON~CTs ~$2~~500 OR MORE-'-
The coni~ract clauses relating to listing employment openings that may
be suitable for~ q~alqf~d disabled veterans and veterans of t~he ¥~etn~m er ,
with the local~ gf~ice of the State employment service, contained in 41 CFR
50~250.2 are 'ado~ed an~ i~ncorporated herein by this reference.
FOR CONIRA£7S $18~+000 O~~ MORE-~
,,,,:The p,~,cW~i.s,l~nS of~-:PL ,93-;50~;,,38 U.S.C. ~2 ~Se~tions.ZOlZ;~ ~!~ .. d
requirin~'~i~r~e ~a~ti:o~?~ t~e h~t,~ng and:~adv:anC~ment ,or qua~t~t~ d~sao~e
~r~C~,~¢'~of. . ~ ::,' ~ '~ ,t-h'e~ ~ie~n~, .'~: ~ ~ra are adopte~ ahd. inco'rpOr~e~he~ei~n.,, by
IV. IHE.H~D~CAPP'~D CLAUSE (20 CFR
'Order NO. ~7, 1974,
and U.S.
C--Re
741
may
fol 1 owing
as ~such
FOR CONTRACTS ',,EXCEEDING $2,500--..
applicant~~
pos
contract~r~.~
and othe~
based
the
recr
no~ discriminate against any employee or
physical or mental handi,cap %n regard to any
for'~mployment fs q~alified. The
tion to emp~oy, adYa.nce ~n employment
individuals Wi;thout discr~imination
cap in all empl~oyme~t practices such as
or~a,n~¢ef~ ~ecrditment or
· rates of p~Y,or ether forms of
l'a~p~enticeshi@.
(b). )Contractor agrees ~hat, if a haqd~;capped ~nd~¥~dual f~les a
complaint With t~b~ ContractOr t~a~t he is not compl%~ng ~th~t~e K~quirements of
the Act, he~:ill ~) investigate the co~plaint and takb ~ppropri~te action
consistent wi~h t~e ne~u~!rements of ~q, CFR 7~,29 ~p~ (2') ~aintain ]on file for
three years, th~ ~ecor~ regarding the-'~omplaint and'a~ction~ t~ken.
(c!i' ha) Vidua files a
complaint w~l!~ Nith the
req its
investiga
inf hand~capped.
to,compl~ witb,the, r~es, ~n~ regulations of
Part 74t.ti
the Secre~
-6-
(e) In the event of the Contractor's non-compliance with the
requirements of this clause, the contract may be terminated or suspended in
whole or in part.
(f) This clause shall ap~ly to all subcontracts over $2,500.
FOR CONTRACTS UNDER $500,000---
Paragraphs (a) through I~) above and the following:
{§) The Contractor agrees (1) to establish an affirmative action
program, including appropriate proceoures consistent with the guidelines and the
rules of the Secretary of Labor, which will provide the affirmative action
regardinQ the employment and advancement of the handicapped required by PL
93-112, 12) to publish the program in his employee's or personnel handbook or
otherwise distribute a copy to all personnel, (3) to review his program on or
befome March 31 of each year and to make such change as may be appropriate, and
(4) to designate one of his principal officials to be responsible for the
establishment and operation of the program.
(h) The Contracto)' agrees to permit the examination by appropriate
contracting agency officials or the Assistant Secretary for Employment Standards
or his designee, of pertinent becks, documents, papers and recorU~ concerning
his employment and advancement of the handicapped.
(i) The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices in a form to be prescribed by
the Assistant Secretary for Employment Standards, provided by the contracting
officer stating contractor's obligation under the law to take affirmative action
to employ and advance in employment oualified handicapped employees and
applicants for employment and the rights and remedies available.
(j) The Contractor will notify each labor union or representative of
workers with which he has a collective bargaining agreement or other contract
understanding, that the contractor is bound by the terms of Section 503 of the
Rehabilitation Act, and is committed to take affirmative action to employ and
advance in emplgyment physically and mentally hardicapped individuals.
FOR CONTRACTS OVER S500,000---
Paragraphs (a) through (j) above and the following:
(k) The Contractor agrees to submit a copy of his affirmative action
program to the Assistant Secretary for Employment Standards within 90 days after
the award to him of a contract or subcontract.
Ill The Contractor agrees to submit a summary report to the Assistant
Secretary for Employment Standards, by March 31 or each year during performance
of the Contract and by March 31 of the year following completion of the
contract, in the form prescribed by the Assistant Secretary covering employment
and complaint experience, accommodations made and all steps taken to effectuate
and carry out the commitments set forth in the affirmative action program.
NOTE: 'Panagra. phs:.(q)_, %hrough (1) are only. applicable for contracts
and, ~ubcontracts which provide for performance of the work i,n 90 days or more
and contracts of a continuing nature.
AGREED AND ACCEPTED
~~PbY' Supervisor