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HomeMy WebLinkAboutRES 081126-5.D - Pole Attachment Policy Updates; August 2026RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, ADOPTING THE ELECTRIC UTILITY POLE ATTACHMENT POLICY; REPEALING CONFLICTING RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City's policy is to ensure that all costs associated with third -party attachments to electric utility -owned poles are the responsibility of the attaching entity, including costs related to application review, engineering, make-ready work, construction, inspection, maintenance, relocation, removal, and administration, thereby protecting the financial interests of the City's electric utility and its customers; and WHEREAS, the City's policy is to recover one hundred percent (100%) of the costs incurred as a result of requests for third -party attachments to electric utility -owned poles, ensuring that the costs of reviewing, permitting, engineering, make-ready work, construction, inspection, maintenance, relocation, removal, and administration are borne by the attaching entity rather than the City's electric utility customers; and WHEREAS, the City has determined that it is necessary to establish an Electric Utility Pole Attachment Policy to provide a consistent framework governing third -party attachments to utility -owned poles within the City's electric distribution system; and WHEREAS, the Electric Utility Pole Attachment Policy establishes requirements and procedures for the application, engineering review, permitting, construction, inspection, operation, maintenance, transfer, relocation, and removal of communications facilities and other authorized attachments on utility -owned poles; and WHEREAS, the Electric Utility Pole Attachment Policy is intended to enhance public and worker safety, protect electric utility infrastructure, maintain electric system reliability, establish uniform engineering and operational standards, clarify the responsibilities of attaching entities, and support the continued deployment of telecommunications and broadband facilities in a manner that is compatible with the City's electric utility operations; and WHEREAS, the City Council finds that adoption of the Electric Utility Pole Attachment Policy is in the best interest of the public and will promote the safe, reliable, efficient, and financially responsible management of the City's electric utility assets. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: SECTION 1. The foregoing recitals are incorporated herein for all purposes as if fully set forth. Resolution No. 0 O I I G -SL-Lr\f Subject: Adoption of Pole Attachment Policy Date Approved + `t U(I Page 1 SECTION 2. The City Council hereby approves the City of Georgetown Electric Utility Pole Attachment Policy, attached hereto as Exhibit A, and authorizes the City Manager, or designee, to implement and administer the Policy. SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. Should any section, paragraph, sentence, clause, phrase, or provision of this Resolution be held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. SECTION 5. This Resolution shall become effective September 1, 2026. PASSED AND APPROVED on the T. Robyn Der ore, City Secretary APPROVED AS TO FORM: Skye f6son, i y Attorney Resolution No. 0%11 5.D Subject: Adoption of Pole Attachment Policy Date ApprovedAsAaisr i1aouv 9ART,T OF G'EORGETOWN. TEXAS Josh �chroeder, Mayor Page 2 City of Georgetown Pole Attachment Standards City of Georgetown Electric Table of Contents SECTIONI..............................................................................................................................................................5 SECTION11............................................................................................................................................................9 A. DEFINITIONS...................................................................................................................................9 SECTIONIII.........................................................................................................................................................21 A. GENERAL DESIGN & CONSTRUCTION STANDARDS & SPECIFICATIONS 21 B. POLE MODIFICATIONS AND REPLACEMENTS....................................................29 C. OVERLASHING............................................................................................................................43 D. INSPECTION AND INVENTORY OF ATTACHING ENTITY'S FACILITIES44 E. UNAUTHORIZED OCCUPANCY OR ACCESS..........................................................49 F. OPERATIONAL DUTIES AND RESPONSIBILITIES......................................................51 SECTIONIV.......................................................................................................................................................55 G. POLE ATTACHMENT APPLICATION PROCESS.....................................................55 1. Eligibility................................................................................................................................................55 2. Application for Attachment Required.............................................................................55 3. City Review of Application........................................................................................................57 4. Compliance by Attaching Entity....................................................................................59 S. Application Approval....................................................................................................................59 6. Treatment of Multiple Requests for Same Pole........................................................60 7. Make -Ready Electrical Construction.................................................................................60 8. Make -Ready Communication Construction - One Touch Transfer ....... 63 9. Make -Ready Communication Construction - Complex Transfers...............67 10. Notice of Attachment Completion and Acceptance.......................................72 11. Post -Construction Inspection..........................................................................................72 H. COMPETITIVE PROVIDER -STANDARD PROCESS FOR OVERLASHING EXISTINGATTACHMENTS...................................................................................................................73 1. Eligibility................................................................................................................................................73 2. Application for Attachment Required.............................................................................73 3. City Review of Application........................................................................................................75 City of Georgetown Electric 2 4. Make -Ready Electrical Construction...........................................................................75 5. Make -Ready Communication Construction - One Touch Transfers .......... 75 6. Make -Ready Communication Construction - Complex Transfers...............75 7. Notice of Attachment Completion and Acceptance.............................................76 8. Post Construction Inspection...........................................................................................76 SECTIONV.........................................................................................................................................................77 APPENDIX A: ENTITY REGISTRATION AND ANNUAL REPORTING FORM ......77 APPENDIX B: APPLICABLE POLE ATTACHMENT APPLICATIONS AND FORMS .................................................................... 78 APPENDIX C: SPECIFICATIONS FOR ATTACHMENTS....................................................89 APPENDIX D: VERTICAL CLEARANCE TABLE......................................................................92 APPENDIX E: POLE LOADING REQUIREMENTS................................................................95 APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES.......................................................................................................................................................97 APPENDIX G: CITY OF GEORGETOWN POLE ATTACHMENTTAG LISTAND DETAIL.............................................................................................................................................................99 1.............................................................................................................................................................................99 AT&T...................................................................................................................................................................99 2............................................................................................................................................................................99 CenturyLink.................................................................................................................................................99 3............................................................................................................................................................................ 99 Frontier............................................................................................................................................................99 4...........................................................................................................................................................................99 Fiberlight/Level 3 Communications...........................................................................................99 5............................................................................................................................................................................ 99 Grande/Astound.......................................................................................................................................99 6............................................................................................................................................................................ 99 MCI-Verizon..................................................................................................................................................99 7............................................................................................................................................................................99 MillenniumTelcom.................................................................................................................................99 8............................................................................................................................................................................ 99 Optimum.......................................................................................................................................................99 City of Georgetown Electric 3 9............................................................................................................................................................................ 99 WilliamsonCounty.................................................................................................................................99 10.......................................................................................................................................................................... 99 Cityof Georgetown.................................................................................................................................99 (COG Fiber)...................................................................................................................................................99 11...........................................................................................................................................................................99 Metronet........................................................................................................................................................99 12.......................................................................................................................................................................... 99 Hotwi re............................................................................................................................................................99 City of Georgetown Electric 4 SECTION I Purpose The City of Georgetown referred to as "The City from herein has established these Pole Attachment Standards (Standards) to govern access to and use of City Poles. Applicable to all communications providers and other stakeholders for attachment of Communications Facilities, these Standards provide for a non-discriminatory, consistent, and streamlined approach for the access and use of City Poles in a manner that will facilitate the delivery of the variety of communication services offered today, as well as to assist with speed -to -market processes for future technologies in a manner that is consistent with the safe and reliable operation of City Facilities. These Standards will work to ensure that The City and all communications providers and other stakeholders attaching to The City Poles comply with all applicable laws, standards, regulations, and ordinances. In adopting these Standards, the City has attempted to incorporate new and evolving best practices and recommendations that have been developed and endorsed at the national level, such as the Federal Communications Commission's (FCC) recommendations in its National Broadband Plan related to the ability of Attaching Entities to perform Make -Ready Work by utility -approved and qualified contractors. Consistent with the FCC's rules, the Standards also mirror and incorporate national safety standards and federal requirements, such as those developed by the Occupational Safety and Health Administration (OSHA) that are aimed at ensuring the safety of workers and maintaining a safe work environment. At the same time, these Standards, like the FCC's pole attachment access rules, do not woodenly apply national standards when The City's unique operational experiences and requirements dictate the application of City of Georgetown Electric 5 policies, practices, and standards that are more stringent or different than national standards. As the FCC noted, Despite this specificity, the introduction to the NESC [National Electric Safety Code] states that the code "is not intended as a design specification or an instruction manual... In addition to operating under federal, state, and local requirements, a utility normally will have its own operating standards that dictate conditions of access. Utilities have developed their own individual standards and incorporated them into pole attachment agreements because industry -wide standards and applicable legal requirements are too general to take into account all of the variables that can arise. A utility's individual standards cover not simply its policy with respect to attachments, but all aspects of its business... Particular utility work methods and equipment may require specific separations between attachments and may restrict the height of the poles that a utility will use... The number of variables makes it impossible to identify and account for them all for purposes of prescribing uniform standards and requirements. Universally accepted codes such as the NESC do not attempt to prescribe specific requirements applicable to each attachment request and neither shall we. While The City has looked to FCC pole attachment access rules for guidance, The City is not bound by such regulations. State law requires The City to provide Certificated Providers and Wireless Providers with non-discriminatory access to its utility distribution poles for the purpose of installing wire Attachments. In addition, The City must establish annual pole attachment rates at a level not to exceed the rate that would result from the application of the FCC's telecommunications pole attachment formula. Otherwise, the federal Pole Attachment Act and the FCC's pole attachment regulations are not applicable to The City. Private Networks Attachments fall outside the scope of these legal requirements. Nevertheless, The City will grant non- discriminatory access to its Poles for Private Networks City of Georgetown Electric 6 Attachments taking into account the burdens that these and all other Attachments place on The City Facilities. Consistent with these legal requirements and the voluntary commitment of The City, under these Standards, wire Attachments may be installed on The City's utility distribution Poles. Private Network Attachers will have access to utility distribution Poles and Overhead Streetlight Poles, subject to certain restrictions and Make -Ready Work requirements. Consistent with the rate design for wire Attachments, which is based on the rental of one foot of pole space, and pursuant to Chapter 284 of the Texas Local Government Code, Private Network Attachers will be assessed annual rent based on the number of feet of Pole use. From a holistic perspective, the Standards seek to balance the competing needs and interests of multiple and varied communications providers and other eligible stakeholders to access and utilize The City's distribution infrastructure, while at the same time recognizing that the core purpose and function of this infrastructure is for The City's safe and reliable distribution and delivery of electric services to The City customers. Hence, the use of any The City's Poles or other facilities must at all times ensure the continued operational integrity, safety, and reliability of The City's Facilities, electric services, personnel, and the general public. These Standards are organized into five parts: SECTION I this introductory section explaining the purpose of the Standards SECTION II sets out general administrative provisions SECTION III sets out general technical provisions SECTION IV sets out the specifications applicable to wire Attachments SECTION V contains the Appendices referenced in these Standards City of Georgetown Electric 7 Upon their effective date, these Pole Attachment Standards shall be enforceable by The City at all times upon any entity that attaches its facilities to a The City -owned Pole regardless of the status of any type of contract Pole Attachment Contract, Application. These Standards shall be interpreted liberally. It is The City's intent to apply generally applicable requirements in a similar manner to all Attaching Entities, and to avoid interpretations that are contradictory, irrational, or unfair. These Standards are intended to apply in a non-discriminatory manner; however, this does not mean the same treatment under all circumstances or to differently situated Attaching Entities. The City reserves the right to interpret these Standards consistent with the guiding principles of ensuring safety, network reliability, and customer service. At no time shall these Standards be interpreted to jeopardize safety, network reliability, or customer service. The City reserves the right to amend these Standards at any time and manner in response to market conditions and as necessary to comply with changes in applicable engineering and/or safety standards or changes in local, state or federal law. Any such changes will be applied in a non-discriminatory manner with respect to similarly situated entities and facilities. To the extent that issues arise that have not been contemplated by these Standards, The City will work with the Attaching Entities to find a solution that effectively addresses the issue consistently with these Standards. These Standards supersede all prior The City pole attachment rules and regulations. Amendments to these Standards will become effective following a notice period as provided in this document and the return of a letter accepting the amendments, as provided in the applicable Pole Attachment Contract. City of Georgetown Electric $ SECTION II General Administrative Provisions A. DEFINITIONS For the purposes of these Standards, the following terms, phrases, words, and their derivations shall have the meaning given herein, unless more specifically defined within a specific Article or Paragraph of this Agreement. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1. Affiliate means when used in relation to an Attaching Entity, another entity that owns or controls, is owned or controlled by, or is under common ownership or control with the Attaching Entity. 2. Applicable Standards means all applicable engineering and safety standards governing the installation, maintenance and operation of facilities and the performance of all work in or around electric City Facilities and includes the most current versions of the National Electric Safety Code ("NESC"), the National Electrical Code ("NEC') the Texas Health and Safety Code, Chapter 752, the rules and regulations of the Occupational Safety and Health Act ("OSHA") and any lawful rules, requirements or orders now in effect. Applicable Standards may also include updated or revised laws, rules, and regulations hereafter issued by City or other authority having jurisdiction. 3. Application means the form(s) an Attaching Entity is required to submit to the City, along with all applicable documents (see Appendices), as part of a complete Application in order to request an Attachment. 4. Application Fee means the non-refundable fee described in APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES of these Standards, compensating The City for City of Georgetown Electric 9 the administrative and other work required to process and review an Application. S. Assigned Space means space on City's Poles that can be used, as defined by the Applicable Standards, for the attachment or placement of wires, cables and associated equipment for the provision of Communications Service or electric service. The neutral zone or safety space is not considered Assigned Space. 6. Attaching Entity means any eligible person, public entity, or private company or corporation that places an Attachment on a City Pole, as appropriate, in accordance with the City's applicable requirements, including an applicable contract Pole Attachment Contract and these Standards, to provide Communications Services. 7. Attachment means (a) each aerial cable together with its associated Messenger cable, guy wire, anchors, and associated hardware, and each amplifier, repeater, receiver, appliance, or other device or piece of equipment, whether comprised of steel, aluminum, copper, coaxial, optical fiber, or other media or material utilized to provide Communications Services; and (b) any hardware or equipment identified as (i) a Communications Facility affixed to a The City Pole utilizing one foot or less of Communication Space, or (ii) a Mid -Span Installation utilizing the same one foot of Communication Space as the Messenger cable to which it is attached. An Attachment occurs whether Attaching Entity's Communications Facilities are connected to the Pole itself or are supported by an Attachment Arm, bracket, support stand, or other support devices, provided however that Overlashing an existing permitted Attachment and Service Drops shall not count as separate Attachments. This definition shall not apply to communications wires or facilities installed by the City for its own internal communications requirements or energy Information Services such as automated meter reading. B. Attachment Arm means a City approved metal or fiberglass bracket used to support attaching wires away from the face of the Pole in order to clear risers or other obstacles. Standoff brackets will not be allowed for the specific purpose of achieving the forty (40") inch vertical clearance from the Neutral as required by Applicable Engineering Standards. 9. Attachment Connection Fee means the total annual rental payment assessed by the City to each Attaching Entity determined by City of Georgetown Electric 10 multiplying [Attachment Rate] x [total number of Attachments for the Attaching Entity], as described in APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES. 10. Attachment Rate means the annual rate for one foot of space as determined by the City consistent with Texas Utilities Code, §54.204(c). 11. Authorization for Make -Ready Work means the form, provided in APPENDIX B2. AUTHORIZATION FOR MAKE READY WORK AND INVOICING The City shall issue to an Attaching Entity that request's the Attaching Entity's authorization for The City to undertake Make -Ready Electrical Construction. The Authorization for Make -Ready Work form shall also provide an estimate for the advanced payment cost required to be paid for the Make -Ready Electrical Construction. 12. Cable Service means the provision of one-way transmission to subscribers of video programming, or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service by a cable system. 13. Capacity means the ability of a Pole to accommodate an additional Attachment based on Applicable Standards, including space and loading considerations. 14. City means the City of Georgetown, Texas. 15. Civic Project means any specific project that requires adjustments of The City Poles, Streetlight Poles, or other The City Facilities to accommodate federal, state, city, or county roadway reconstruction/widening, drainage improvements, or other type of civic improvement project (reimbursable to The City or not) within the Public Right of Way. 16. Collection Notice Letter means a letter of notification produced by the City Claims Department itemizing charges owed to the City as a result of damages to City Facilities caused by an Attaching Entity, or its contractors, subcontractors, or agents, or by a third -party causing damage to the Attaching Entity's Attachments, Communication Facilities, or Attachments and by extension to City Facilities. This letter constitutes the City's tender for recovery of all costs associated with repairs to the damaged facilities. City of Georgetown Electric 11 17. City Facilities means all personal property and real property owned or controlled by City, including Poles. 18. City Network Hardware: means City equipment used in the wireless transmission of data to networks that are necessary for the connectivity, communication, operations, and management of City - owned and operated critical infrastructure. 19. Climbing Space means that portion of a Pole's surface and surrounding space that is free from encumbrances to enable City employees and contractors to safely climb, access and work on City Facilities and equipment. 20. Communications Facilities means Attachments, including associated network equipment, cables, wire or cable facilities, including but not limited to fiber optic, optical fiber amplifier, Micro Network Nodes, copper and/or coaxial cables or wires, utilized to provide Communications Service. Unless otherwise specified, Communications Facilities includes wireless network equipment including but not limited to wireless antennas, receivers, radios, amplifiers, repeaters, receivers or transceivers. 21. Communications Service means the provision of Telecommunications Service, Cable Service or other lawful communications services over wire or cable facilities utilizing Attachments to City's Poles. 22. Communications Space means the portion of a Pole's usable space designated for the installation of Communications Facilities, the top of which is forty (40) inches below The City's Neutral or lowest electrical supply conductor. 23. Communication Worker Safety Zone means that space on a Pole measured from the location of the Neutral to a location forty (40) inches below the Neutral as described in the NESCA 24. Competitive Provider - Area Wide Network Deployment Process means the Application submission and Attachment approval process applicable to a Certificated Provider engaged in a broadband network deployment within the City service area characterized by an Attaching Entity's submission of Applications to attach or Overlash to Poles that would result in an estimated replacement of eighty (80) or more Poles per month; and the responsibility to prepare Make -Ready Engineering, City of Georgetown Electric 12 manage Make -Ready Electrical Construction and Make -Ready Communications Construction, and incur all expenses associated with Make -Ready Work. 25. Competitive Provider - Network Upgrade Process means the Application submission and Attachment approval process applicable to a Certificated Provider engaged in a broadband network deployment within the City service area; and the responsibility to prepare Make - Ready Engineering, manage Make -Ready Communications Construction, the option to manage Make -Ready Electrical Construction, and incur all expenses associate with Make -Ready Work. 26. Completion of Attaching Entity Construction means the form, provided in APPENDIX BS. COMPLETION OF ATTACHING ENTITY CONSTRUCTION, an Attaching Entity shall issue to The City providing written notice of completion of Make -Ready Communication Construction. 27. Complex Transfer means the transfer or relocation of a third -party Attachment or Overlash onto a The City Pole that will require cutting and splicing of a Communication Facility resulting in a network and/or customer outage affecting the Attaching Entity that owns the Communication Facility subject to transfer or relocation, or the transfer or relocation of such an Attached or Overlash Communication Facility located over and across a state or federal highway. 28. Customer means a The City electric customer that has established an electric service account and that is receiving the electric service at a specified point of delivery from The City's electric distribution system in compliance with the City's Electric Service Standards and all applicable local, state, and federal codes and regulations. 29. The City Facilities means all personal property and real property owned or controlled by The City, including Poles and Streetlight Poles. 30. Critical Communications Facility means a Communications Facility that must provide "always on" connectivity for public safety communications or public health operations whose failure would pose a potential imminent threat to public health or safety. 31. Deployment Plan means a document prepared by an Attaching Entity that shall include: (1) footprint of the network buildout illustrated in a map depicting the municipal jurisdiction, or parts thereof, within The City service area expected to be covered by the project; (2) overall City of Georgetown Electric 13 network deployment schedule and phasing; (3) map of backbone fiber rings routes, if any; (4) description of overall physical plant architecture and design; (5) description of typical Service Drop installations; (6) estimated number of Poles expected to be attached to including a reasonable "ramp -up" and "ramp -down" plan; (7) project and corporate organizational chart for the Attaching Entity; and (8) signature page attesting to the veracity of the Deployment Plan executed by an authorized officer of the Attaching Entity. A Deployment Plan is required only under the Competitive Provider - Area Wide Network Deployment Process and the Competitive Provider - Network Upgrade Process. 32. Days means calendar days unless otherwise specified. 33. Electrical Space or Supply Space means the upper portion of a Pole reserved for the installation of electric distribution facilities to support existing and planned electric distribution equipment as described in the NESC. 34. Emergency means the existence of a situation which, in the reasonable discretion of The City or the Attaching Entity, if not remedied immediately will result in a threat to public safety, a hazardous condition, damage to property or a service outage. 35. Engineer means any licensed professional engineering firm approved by The City to complete Engineering work on The City Facilities. 36. Federal Communications Commission (FCC) means the independent federal agency established to regulate, in the public interest, communications by radio and wire. 37. Inventory means a complete count of all Authorized and Unauthorized Attachments on The City -owned Poles and Streetlight Poles within The City service territory. 38. Joint Meeting Transfer means the coordinated transfer of a pole - mounted Wireless Installation by its owner to take place at the same time as an Attaching Entity schedules the installation of a new Attachment, Overlash, or Mid -Span Installation onto or supported by the same Pole that hosts the Wireless Installation, which requires City of Georgetown Electric 14 adjustments of existing Attachments or Pole replacement as part of the One -Touch Transfer Process. 39. Joint User means any entity which owns poles that are jointly used by City and to which City has extended, or in the future may extend, privileges to jointly use City's Poles. 40. Make -Ready Charges means all reasonable administrative, engineering design, construction, inspection, and management charges associated with Make -Ready Work. 41. Make -Ready Communication Construction means that portion of Make -Ready Work associated with construction work requiring access to Communication Facilities within the Communication Space of a Pole, including, but not limited to the movement, transfer, relocation, or modification of an existing Attachment Overlash, or Mid -span Installation; the replacement of a Pole; and all other construction activities necessary to accommodate the installation of a new Attachment Overlash, or Mid -span Installation. Make -Ready Communications Construction shall include, where applicable, the nexus between aerial and underground communication construction. 42. Make -Ready Electrical Construction means that portion of Make - Ready Work associated with construction work requiring access to City Facilities within the Electrical Space, which includes, but is not limited to the movement, transfer, relocation, or modification of City electric distribution facilities; the replacement of a Pole; and all other construction activities necessary to accommodate the installation of a new Attachment or Overlash. Make -Ready Electrical Construction shall include, where applicable, the nexus between aerial and underground electrical construction. 43. Make -Ready Engineering means that portion of Make -Ready Work associated with the preparation, submission, review, and approval of the Attaching Entity's Application for Attachment. Make -Ready Engineering shall include, but not limited to, the preparation of the following in support of the Application: the Pre -Construction Survey; the engineering design document(s) for Make -Ready Electrical Construction, Make -Ready Communications Construction; and the submission of such documents to the City for review, potential modification, and approval. Make- Ready Engineering shall include, where required, the approval of City staff, and the engineering design specifications related to the nexus between aerial and underground City of Georgetown Electric 15 construction of Communications Facilities as part of Make -Ready Communications Construction and of electrical distribution facilities as part of Make -Ready Electrical Construction. 44. Make -Ready Work means all work City determines is required to accommodate the Attaching Entity's Communications Facilities and/or to comply with all Applicable Standards. Make -Ready Work includes, but is not limited to, rearrangement, relocation and/or transfer of existing Attachments, inspections, engineering work, permitting work, tree trimming, Pole strengthening, Pole replacement and construction, and Pole removal and disposal, all in accordance with City's current construction and engineering standards. 45. Messenger means any cable owned by an Attaching Entity extending between Poles which is used as support for a Communications Facility or upon which a Mid -Span Installation is clamped 46. Micro Network Node: m e a n s a network node (as defined in Tex. Local Gov't Code § 284.002(12)) that is not larger in dimension than 24 inches in length,15 inches in width, and 12 inches in height, and that has exterior antenna, if any, not longer than 11 inches. 47. Mid -Span Installation means an Installation consisting of a "micro network node," as that term is defined in Chapter 284 of the Texas Local Government Code, attached to a Messenger cable suspended between two Poles, in the Communication Space, that was manufactured for this type of installation and designed to connect by means of an Overlashed Communications Facility for the purpose of providing Wireless Service. 48. National Electrical Safety Code (NESC) means the current edition published by the Institute of Electrical and Electronic Engineers (IEEE) as may be amended or supplemented from time -to -time. 49. National Joint Utilities Notification System (NJUNS) means the national not -for profit organization that helps support effective communication between utilities and Attaching Entities 50. Network Operations Center (NOC) means a centralized location from which an Attaching Entity administrator remotely supervises, monitors, and maintains the day-to-day operations of a network. The scope of responsibilities of a NOC may be national or regional in nature. City of Georgetown Electric 16 51. Neutral means the conductor used to carry unbalanced current. In single-phase systems, the conductor used for a return current path. 52. Notice to Proceed means the form, provided in APPENDIX 134: NOTICE TO PROCEED, the City shall issue to an Attaching Entity that provides written notification that the Attaching Entity may proceed with Make -Ready Communication Construction. 53. Notice of Safety Violation means the form, provided in APPENDIX 138: NOTICE OF SAFETY VIOLATION, the City shall issue to an Attaching Entity providing written notice of the City's identification of a Safety Violation with one or more of the Attaching Entity's Attachments or Overlashings. 54. Notice of Safety Violation Assessment Charge means the form, provided in APPENDIX 69: NOTICE OF SAFETY VIOLATION CHARGE, the City shall issue an Attaching Entity providing written notice of the levying of a Safety Violation Assessment Charge to the Attaching Entity. 55. Notice of Unauthorized Attachment means the form, provided in APPENDIX 137: NOTICE OF UNAUTHORIZED ATTACHMENT, the City shall issue to an Attaching Entity providing written notice of the City's identification of an Unauthorized Attachment owned by the Attaching Entity. 56. Occupancy means the use or specific reservation of Assigned Space for Attachments on the same City Pole. 57. One -Touch Transfer mean the transfer, relocation, or alteration of third -party Attachment Communication Facilities or Mid -span Installations whether conducted by an Attaching Entity or the City subject to the requirements described in SECTION IV. 58. Overlash (or Overlashing) means to place an additional wire or cable Communications Facility onto an existing Attachment or Messenger already secured to the Pole in order to accommodate additional wire or cable Communications Facility capacity. An Overlash does not include a Mid -span Installation. 59. Other Attaching Entity means a Joint User or any entity, other than the Attaching Entity, to which City has extended, or in the future extends, a license to attach Communications Facilities to City Poles. City of Georgetown Electric 17 60. Pedestals/Vaults/Enclosures means above- or below -ground housings that are used to enclose a cable/wire splice, power supplies, amplifiers, and passive devices and/or provide a service connection point and that shall not be attached to the City Poles. 61. Pole means a pole owned or controlled by City that is capable of supporting Attachments for Communications Services. 62. Pole Attachment Agreement means an executed agreement between The City and a Requestor that grants a general license to access Poles for the purpose of installing Attachments, Mid -Span Installations and Overlashes pursuant to the specifications of these Standards, adopts and incorporates these Standards by reference, and under which the Requestor agrees to abide by the terms and conditions of the agreement as well as the duties and obligations set out in these Standards as they may be amended from time to time. A Pole Attachment Agreement shall include additional legal protections and obligations of the parties not specifically covered in the Standards. A Pole Attachment Agreement may be referred to generally in the Standards as a "Pole Attachment Contract." 63. Pole Attachment Program means the development, implementation, and operation of The City Pole Attachment Standards including but not limited to the execution of applicable Pole Attachment Contracts, communications with stakeholders regarding the accommodation of Attachments, review of Applications, completion of appropriate Make - Ready Work, inspection of Make -Ready Work, issuance of Notice to Proceed, coordination of networks deployments and expansions, resolution of conflicts and disputes, provision of applicable invoices, conducting workshops, accepting stakeholder input, amending the Standards as appropriate, enforcing the Standards, conducting Inventories, and all other general program administration and duties. 64. Pole Attachment Standards (or Standards) means these "Pole Attachment Standards" with an effective date of July 1, 2026, and as amended from time to time. 65. Post -Construction Inspection means the inspection required by City to determine and verify that the Attachments have been made in accordance with Applicable Standards. 66. Pre- Attachment Survey means all work or operations required by Applicable Standards or the City to determine the Make -Ready City of Georgetown Electric 18 Work necessary to accommodate Attaching Entity's Communications Facilities on a Pole. Such work includes, but is not limited to, field inspection, loading calculations and administrative processing. The Pre -Attachment Survey shall be coordinated with City and include Attaching Entity's professional engineer. 67. Public Right -of -Way means, the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or City easement in which the City has an interest. The term does not include: (1) a private easement; or (2) the airwaves above a right-of-way with regard to wireless communications. 68. Request for Temporary Attachment means the form, provided in APPENDIX B3. REQUEST FOR TEMPORARY ATTACHMENT, an Attaching Entity shall submit to The City to request permission to install a temporary Attachment. 69. Reserved Space means designated space on a Pole that the City has reserved, pursuant to the City's development plan, that reasonably and specifically projects a need for that space for the provision of core electric service and lighting requirements, including moving the neutral as part of converting phases, space for the future attachment of internal communications lines owned by the City, or installation of transformer(s). 70. Riser means metallic or plastic encasement materials placed vertically on the Pole to guide and protect communications wires and cables they transition from overhead to underground or vice -versa. 71. Safety Violation means a violation of the Applicable Engineering Standards which: (a) is reasonably expected to endanger life or property; or (b) poses a potential safety risk to any The City or Attaching Entity employee or contractor, or to the general public. 72. Safety Violation Assessment Charge means the charge payable by an Attaching Entity for a Safety Violation as described in APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES. 73. Service Drop means a single wired drop installed to provide Communications Service to an individual customer measured from the customer premises to the closest available Pole without requiring any additional anchors or guys to comply with all Applicable Engineering City of Georgetown Electric 19 Standards. Unless otherwise stated herein, Service Drops are subject to all terms and conditions of these Standards. 74. Simple Transfer means the transfer, relocation, or alteration of any Attachment or Overlash on an existing Pole or onto a new Pole that does not require cutting and splicing of the Communication Facility subject to such transfer, relocation, or alteration. 7S. Streetlight Pole means a Streetlight Pole whose luminaire is fed by electrical distribution facilities owned by the City. 76. Tag means to place a distinct marker within twelve inches (12") of a Pole on the wires and cables, coded by number, color, or other means that will readily identify the owner of the Attachment Mid -Span Installation as set forth at APPENDIX G. The Tag shall be consistent with accepted communications industry standards. 77. Tagging Plan means a written plan developed by the Attaching Entity at the request of The City to address and remedy untagged or incorrectly tagged Attachments or Overlashings. 78. Telecommunications Service means the offering of telecommunications for a fee, directly to the public or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. B. REQUIREMENT TO REGISTER AND EXECUTE A POLE ATTACHMENT AGREEMENT 1. No entity shall install, own, maintain, or operate any Attachment, Overlash, or Mid -Span Installation on a City Pole, and the City shall issue no Notice to Proceed to any entity, unless and until that entity has (a) registered with the City pursuant to this Section; (b) executed a Pole Attachment Agreement with the City that adopts and incorporates these Standards by reference; and (c) satisfied all applicable insurance, bonding, and documentation requirements set forth in these Standards and the Pole Attachment Agreement. Registration and execution of a Pole Attachment Agreement are conditions precedent to access to City Poles and apply equally to new and existing Attaching Entities. 2. Registration and execution of a Pole Attachment Agreement do not, by themselves, authorize any Attachment. Each individual Attachment, City of Georgetown Electric 20 Overlash, and Mid -Span Installation remains subject to the Application, Make -Ready Work, and Notice to Proceed requirements of Section IV. SECTION III General Technical Provisions C. GENERAL DESIGN & CONSTRUCTION STANDARDS & SPECIFICATIONS 1. Professional Engineer An Attaching Entity shall utilize a licensed Professional Engineer to undertake and complete the Pole Loading Analysis (PLA) calculations required in completing an Application for Attachment as described in SECTION IV. For the purposes of these Standards, an Engineer shall include engineering employees or contractors with a valid state of Texas professional engineering license in good standing. The Attaching Entity's Engineer shall adhere to all Applicable Engineering Standards and requirements of the City. Any nonadherence will result in application rejection. 2. Contractors All employees, contractors, and subcontractors utilized by the Attaching Entity shall be subject to the same standards of conduct and behavior as the City applies to its own contractors and employees, which the City may reasonably revise upon thirty (30) calendar days' notice. Failure of any employee, contractor, or subcontractor of the Attaching Entity to adhere to and comply with such standards and requirements may result in the City retracting its approval of the employee, contractor, or subcontractor to perform work of any kind on The City Facilities. The Attaching Entity shall bear full responsibility for ensuring its employees, agents, contractors, and subcontractors are in City of Georgetown Electric 21 full compliance with the requirements of these Standards. An Attaching Entity may be required to remedy any and all work, conducted by either its employees, contractor, or subcontractor that does not comply with the Applicable Engineering Standards and other construction standards and requirements of the City. The City reserves the right to halt all work undertaken by the Attaching Entity or its contractors/subcontractors that in the City's sole discretion is deemed unsafe or undertaken contrary to the City's standards and requirements. 3. Right to Review The City contemplates relying upon the Attaching Entity's Pre - Construction Survey and other engineering/field evaluation reports developed and relied upon in connection with any Application submitted be the Attaching Entity. Nonetheless, the City reserves the right to perform its own engineering and field evaluation or verification as appropriate or necessary. The costs for The City to undertake such additional engineering and field evaluation shall be paid by the Attaching Entity pursuant to these standards. 4. Installation/Maintenance of Communications Facilities All Attaching Entities shall be responsible for the installation and maintenance of their Communications Facilities, in accordance with the requirements and specifications set out in these Standards, including the Appendices. An Attaching Entity shall at all times and at its own expense make and maintain its Attachments and Overlashings in a safe and workmanlike manner, and keep them in good repair and condition in accordance with all Applicable Engineering Standards. Notwithstanding the foregoing; Attachments and Overlashings which complied with the Applicable Engineering Standards at the time they were originally installed may be operated in place until such time that such facilities are subject to modification, upgrade, rebuild, repair, transfer, relocation, or other such changes at which time, these facilities will be required to comply with the then current Applicable Engineering Standards. City of Georgetown Electric 22 a. Protective Equipment The Attaching Entity, its employees and contractors, shall install and utilize adequate protective equipment to ensure the safety of people and facilities. The Attaching Entity shall install, at its own expense, protective devices designed to handle the voltage and current impressed on its Communications Facilities in the event of a contact or due to close proximity with a supply conductor(s) or other energized equipment. The City shall not be liable for any actual or consequential damages to the Attaching Entity's Communication Facilities, or the Attaching Entity's customers' facilities resulting from such contact or proximity with The City's supply conductor(s) or other energized equipment. S. Conflicts within the Standards If there exists a difference or conflict in the Applicable Engineering Standards, the following rules will apply: a. if one Applicable Engineering Standard is more stringent than the other, the more stringent shall apply: i. if one of the conflicting specifications, regulations, or practices is not more stringent than the other, the specification, regulation, or practice of the National Electrical Safety Code (NESC) will apply; or ii. if the conflict cannot be resolved under the first two rules, the City will determine in good faith which specification, regulation, or practice shall apply, with safety concerns given the highest priority in such determination, subject to the conflict resolution procedures outlined in these standards. An Attaching Entity shall not be penalized in any manner for non-compliance with conflicting standards that are resolved pursuant to subpart (a.ii) of this Section III.A.5 provided the Attaching Entity identifies the potential conflict to the City in writing at least seven (7) days before actual construction of the Attachment or Overlash began. City of Georgetown Electric 23 6. Tagging Each Attaching Entity shall properly install identification Tags on all of its Attachments and Overlashings as specified in APPENDIX G and/or applicable federal, state, local, or industry regulations in effect at the time of installation. Failure of an Attaching Entity to provide proper tagging of its Attachments and Overlashings or failure to undertake in good faith its Tagging Plan shall be considered a violation of the Applicable Engineering Standards. a. Should the City discover that an Attaching Entity has Attachments and Overlashings that are untagged or incorrectly tagged, excluding Service Drops, exceeding five percent (5%) of its total Attachments, the Attaching Entity, at the City's request, shall within two (2) months, provide to The City a written plan (Tagging Plan) to Tag the Attachments and Overlashings. The Tagging Plan shall identify an estimated schedule to complete the tagging of all untagged or incorrectly tagged Attachments and Overlashing within an eighteen (18) month period for Attachments and Overlashings. The Attaching Entity and City shall meet every four months during the timeframe outlined in the Tagging Plan to determine Attaching Entity's compliance with its Tagging Plan. The City reserves the right to conduct field audits to assess the Attaching Entity's compliance with its Tagging Plan. b. In the event any Attachment or Overlash is untagged or incorrectly tagged and the City must determine the owner's identity in order to address the repair or maintenance of a City Facility where the City cannot undertake such repair or maintenance absent the removal or transfer of such Attachment or Overlash; The City will undertake the following protocol: i. A thirty (30) minute reasonable effort to determine the owner of the untagged Attachment or Overlash at no cost to the Attaching Entity; then ii. Provided the initial thirty (30) minute effort is unsuccessful, The City shall continue with its search until ownership is determined. The City City of Georgetown Electric 24 shall bill and the non -compliant Attaching Entity shall pay the City at the Tracing Line Ownership rate set forth at APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES for the time required to determine the Attachment or Overlash ownership. 7. Physical Interference with The City Facilities An Attaching Entity shall not allow its Communications Facilities to impede, impair, or interfere with the installation, placement, or operation of any City Facilities. An Attaching Entity whose Communications Facilities, or any part thereof; impede, impair, or interfere with any City Facilities shall correct such condition within fifteen (15) calendar days from receipt of written notice of such impairment from the City. Failure to timely correct such condition will result in the City, at its option, taking all necessary steps to correct said condition at Attaching Entity's expense plus ten -percent (10%). The City will attempt to notify the non -compliant Attaching Entity in writing prior to performing such work whenever practicable. If an Attaching Entity continues to allow its Communications Facilities to impede, impair, or interfere with the operation of any City Facilities after the initial fifteen (15) calendar day correction period, the Attaching Entity shall be subject to enforcement action, including but not limited to: i. Suspension of the processing any further Applications, by the Attaching Entity, pending resolution of such interference; and ii. Potential contractual claims. An Attaching Entity shall not be responsible for physical interference with future installations by other Attaching Entities, provided that the Attaching Entity's prior Attachments are duly permitted by the City and comply with all Applicable Engineering Standards and the requirements of these Standards at the time of the initial installation, unless otherwise required by applicable federal, state, or local laws. Where the City needs to add to or modify City Facilities in a City of Georgetown Electric 25 case other than remedying a non -compliant condition caused by an Attaching Entity, and where that action would require the replacement of a Pole, as applicable, the City and all affected Attaching Entities shall be responsible for their own cost of transferring their Attachments and Overlashing. The City will be responsible for the replacement cost of the pole structure. 8. Enclosures Except as to Attaching Entity's facilities located on Attaching Entity's private property and/or easements, no Attaching Entity shall place new pedestals, vaults and/or other enclosures on or within four (4) feet of any Pole, or other City Facilities without the City's prior written permission. The Attaching Entity shall specifically identify this request in its Application for Attachment submittal. If permission is granted by the City, all such installations shall be in compliance with the specifications and drawings provided in APPENDIX D: VERTICAL CLEARANCE TABLE or other Applicable Engineering Standards. Any prior pedestals, vaults and/or other enclosures located within four (4) feet of any Pole, or other City Facilities that are in place on or before July 1, 2026, or result as part of a future pole replacements, provided the Attaching Entity complies with any and all directives issued by the City regarding such enclosures. 9. Vegetation Management Attaching Entities shall be responsible for performing, or causing the performance of, all tree trimming and other vegetation management necessary for the safe and reliable installation, use, and maintenance of their Attachments and Overlashings, and to avoid stress on Poles, as applicable, caused by contact between tree limbs and the Attaching Entities' Attachments or Overlashings. Per NESC, all crossing span and adjoining spans on each side of a line crossing, railroad crossing, limited -access highway crossing, or navigable waterway requiring a crossing permit shall be kept free from overhanging or decayed trees or limbs that shall fall into the line, including both supply and communication cables. City of Georgetown Electric 26 All tree trimming shall be performed in accordance with OSHA regulations and/or local municipal ordinances, as may be amended from time to time. Attaching Entities shall adhere to industry and local municipal ordnances, standards, and requirements for tree trimming and vegetation management. Failure of a tree trimming contractor to adhere to and comply with such standards and requirements may result in the City issuing a Safety Violation. An Attaching Entity may be required to remedy any and all work, conducted by its tree trimming contractor that fails to comply with the tree trimming standards and requirements set forth by the City. The City reserves the right to halt any and all work by any such tree trimming contractor that the City in its discretion deems to be unsafe or performs work contrary to the standards and requirements set forth. 10. Removal of Attaching Entity's Facilities a. Abandoned Facilities. An Attaching Entity shall report, through the annual registration process described in these standards, and remove at the Attaching Entity's expense; all abandoned, non-functional, and obsolete Attachments and Overlashings, and any related Communications Facilities on City Poles as applicable, which the appropriate Attaching Entity: i. No longer utilizes for providing Communications Service or Telecommunications Services; ii. Has abandoned or plans to abandon during the next reporting period; or iii. Has replaced with operating capacity of alternative facilities. b. Except as otherwise provided, the Attaching Entity shall remove these facilities coincident with their replacement, and in all cases within one (1) year of meeting any of the above conditions, unless the Attaching Entity receives written notice from the City that removal is necessary to accommodate City's use of the affected Poles, pursuant to a reservation of Capacity, City of Georgetown Electric 27 in which case the Attaching Entity shall remove such Attachments and Overlashings within ninety (90) calendar days of The City issuing such written notice. c. Removal on Expiration/Termination Subject to the expiration or other termination of an Attaching Entity's Attachment Contract or any individual Attachment, unless renewed; the Attaching Entity shall submit a written plan which describes the commitment, schedule, and process for the removal of its Attachments and Overlashings from the affected Poles, as applicable, to the City for approval. The City shall review such plan and either approve or request additional details within fifteen (15) calendar days of receipt of the plan. Following approval of the plan by the City, the Attaching Entity shall make judicious progress toward fulfilling the removal commitments made by the Attaching Entity in the plan. Such removals will be at the Attaching Entity's sole expense. If the Attaching Entity fails to remove such Attachment and Overlashings within the timeframe contemplated by the plan, the City shall have the right to have such Attachments and Overlashings removed at the Attaching Entity's expense without liability to the City. 11. Pre -Certification Requirements for Mid -Span Installations An Attaching Entity engaged in the deployment of Mid -Span Installations shall comply with the following pre -certification requirements: a. submit written materials explaining the installation, operational, and safety procedures, features, and considerations associated with the deployment of Mid - Span Installation wireless technologies; b. submit a 12-month and 3-year deployment plan and re- fresh the plan as appropriate; c. determine the appropriate distance from a pole structure that the micro network nodes component of a Mid -Span Installation should be strand -mounted in order to protect linemen working on such poles from harmful radio frequency energy, and submit calculations; City of Georgetown Electric 28 d. determine the appropriate distance that the micro network node component of a Mid -Span Installation should be installed away from a City wireless system that operates in the same unlicensed frequency bands in order to prevent Wireless Interference, and submit resu Its; e. identify the location of the shut-off switch for the micro network node component of a Mid -Span Installation, and submit information; and f. schedule a briefing with City prior to initiating deployment of Mid- Span Installations in order to provide an overview of all these issues. g. All installations are subject to the City's Unified Development Code and must comply with the UDC standards. D. POLE MODIFICATIONS AND REPLACEMENTS 1. Restrictions on Certain Poles The City may deny an Application for Attachment for access to a Pole (as appropriate for the type of installation) in flood zones, river crossings or other such locations, or if the proposed new Attachment cannot be accommodated without creating a potential to disrupt or impair City Facilities or endanger the safety of people or facilities. In such instances, the City, in its sole discretion or solution, may erect a taller/larger pole structure to accommodate an Attaching Entity's Attachment if the costs of such replacement pole or solution is approved by and paid by the Attaching Entity in advance. Further, the City may require the removal or modification of an existing Attachment at the Attaching Entity's expense, if The City reasonably determines that such Attachment did not meet the clearance requirements set forth in the Standards at the time of installation or modification, or may create a potential to disrupt or impair City Facilities or endanger the general safety of people or facilities. a. Steel Poles The City will consider requests by an Attaching Entity to access existing distribution steel Poles. Attachments must City of Georgetown Electric 29 be firmly secured with clamps and/or stainless steel banding. The drilling of any additional holes into steel Poles or associated equipment is prohibited. The only exception permitted is the use of a self- tapping set screw for grounding of equipment on steel Poles. b. Distribution Poles with Overhead Street Lights Subject to these Standards, the City will provide access to Overhead Streetlight Poles for the purpose of accommodating attachments, provided that such installations do not interfere with the maintenance and operation of the overhead street lights. c. Restrictions Applicable to Mid -Span Installations i. Steel Poles. All Riser cables necessary to connect the components of a Mid- Span Installation back to the Slab -Mounted Equipment Cabinet must be installed outside the steel Pole using U-Guard, provided the structural integrity of the Pole is maintained ii. Distribution Poles with Overhead Street Lights. Subject to these Standards, The City will provide access to Overhead Streetlight Poles for the purpose of accommodating Mid -Span Installations, provided that such installations do not interfere with the maintenance and operation of the overhead street lights. iii. Poles with Distribution Equipment Installed Mid -Span Installations may be installed next to Poles or that host electric distribution equipment, provided that the Riser that protects the coaxial cable supporting the strand -mounted micro network node component of the Mid -Span Installation shall not be installed on such a pole structure if the Riser: a. would interfere with the City's ability to operate or maintain its electrical equipment; b. could not be installed in compliance with NESC requirements; or C. the Pole already supports three Risers. City of Georgetown Electric 30 d. Foreign Poles The City of Georgetown is not the sole electric provider in the area. Any poles not owned by the City of Georgetown are outside the scope of these Standards. Additionally, some Attaching Entities own their own poles in the area. Therefore, the City cannot give permission to attach to such pole structures. The Attaching Entity is solely responsible for obtaining permission from the respective pole owner to install any Attachments on such non -City owned pole structures outside the scope of these Standards. 2. City Not Required to Relocate Except as provided by the Make -Ready Electrical Construction process outlined later in these standards, no provision of these Standards requires the City to relocate, modify, or replace any Pole or other The City Facility for the benefit of any Attaching Entity, provided; however, that any denial by the City for modification of a pole structure or facility is applied in a nondiscriminatory manner to all Attaching Entities. 3. Guying All guying, including the installation of independent anchors for each Attachment requiring guying to accommodate an Attaching Entity's Attachments shall be provided by and at the expense of the Attaching Entity to the satisfaction of City as specified in the Applicable Engineering Standards and in APPENDIX C: SPECIFICATIONS FOR ATTACHMENTS and as proposed in the approved application. 4. Relocation of Aerial Facilities The following sections apply to various relocation or undergrounding scenarios of City's aerial facilities. Should the Attaching Entity not desire to participate in the applicable joint relocation activity as described in these standards, the Attaching Entity shall be required to remove its facilities from the impacted City's Poles or and submit an Application for Attachment pursuant to the procedures detailed in these standards, as appropriate. All affected City of Georgetown Electric 31 Attaching Entities shall also be subject to the provisions regarding removal of facilities as described in these standards. a. Civic Projects Requiring Relocation City may be required by ordinance or directive of a Civic Authority to relocate or underground its existing Poles and aerial facilities in order to accommodate a Civic Project. Pole Replacements For any Civic Project requiring the relocation of existing City Poles and facilities to new replacement Poles that the City undertakes for any of the reasons set forth in this Section, the City will provide the affected Attaching Entities written notice of the proposed Civic Project as soon as reasonably practical after City itself receives such notice from the applicable Civic Authority. Unless a shorter time frame is required by the applicable Civic Authority, the City will endeavor to provide not less than sixty (60) calendar days prior written notice of the expected transfer date of the City's existing facilities to new replacement Poles and the dates upon which the City will be removing the existing Poles. 1. The notice from the City to the affected Attaching Entities shall include the name and contact information for the Civic Project's manager and the Civic Project's construction design contractor, as well as any available information in the City's possession related to scheduling and coordination of the Project, including any information on cost reimbursement from the Civic Authority to the affected Attaching Entities. The notice shall be in substantially the same form to the sample notification(s) contained in APPENDIX B: APPLICABLE POLE ATTACHMENT APPLICATIONS AND FORMS of these Standards. 2. All affected Attaching Entities shall have thirty (30) days from receipt of the above relocation notice from the City to notify the City in writing that they City of Georgetown Electric 32 intend to transfer their existing Attachments to the City replacement Poles. The City will not require an Attaching Entity that elects to transfer its existing facilities without Modification to replacement Poles to submit a new Attachment Application as part of such transfer 3. An affected Attaching Entity will be required to submit an Application for a transfer, but will not require a PLA submittal in such instances 4. An affected Attaching Entity that elects to transfer its Existing Attachments to the City's replacement Poles, shall complete such transfer at no cost to the City and in accordance with all Applicable Engineering Standards. S. If the Attaching Entity elects to make a Modification to its existing facilities as part of the transfer process, the Attaching Entity shall submit a new Application and shall also pay the proportionate share of the increased costs, if any, of the replacement Pole or Streetlight Pole attributable to such Modification. 6. Affected Attaching Entities seeking to transfer their existing facilities to City replacement Poles in response to a Civic Project shall be solely responsible for coordinating with the Civic Project's manager in order to determine whether any of the Attaching Entity's transfer costs are reimbursable from the Civic Authority, and for entering into any necessary agreements with the Civic Authority concerning such cost reimbursements. 7. The City will perform a Post -Construction Inspection of any transfers to The City replacement as described in these standards. ii. Civic Project Initiated Undergrounding City of Georgetown Electric 33 For any Civic Project requiring the removal of existing City Poles or where undergrounding is directed by a Civic Authority, the City will provide all affected Attaching Entities written notice of the proposed Civic Project as soon as reasonably practical after the City itself receives such notice from the applicable Civic Authority. Unless a shorter time frame is required by the applicable Civic Authority, the City will endeavor to provide not less than four (4) months prior written notice of the expected removal of the Poles and undergrounding of the existing the City aerial facilities. 1. The notice from The City to the affected Attaching Entities shall include the name and contact information for the Civic Project's manager and the Civic Project's construction design contractor, as well as any available information in The City's possession related to scheduling of the Civic Project. The notice will also direct any affected Attaching Entity to provide written notice to The City if the Attaching Entity intends to participate in a Joint Trench with The City at thirty (30) days after to receiving notice from The City, but in no event less than thirty (30) days from the beginning of construction if four (4) months prior notice is no provided. The notice shall be in substantially the same form to the sample notification(s) contained in APPENDIX B: APPLICABLE POLE ATTACHMENT APPLICATIONS AND FORMS of these Standards. 2. Upon receipt of notice of the Civic Project from The City, affected Attaching Entities shall be solely responsible for conveying to the Civic Project's manager whether they desire to remove and underground their existing facilities, and pursue any cost reimbursement from the Civic Authority. 3. Affected Attaching Entities seeking to underground their existing facilities shall be solely responsible for coordinating with the Civic Project's manager and the Civic Project's construction design contractor concerning the design, specifications, costs, and construction schedule of the underground facilities, including the design of the Attaching Entities' conduits City of Georgetown Electric 34 and duct bank systems, as well as for entering into any necessary agreements with the Civic Authority and/or the Civic Project's construction design contractor for any available reimbursement. 4. To the extent consistent with the Civic Project's design and specifications and all Applicable Engineering Standards, The City will allow affected Attaching Entities to relocate their aerial facilities into a Joint Trench along with the City, provided that such Attaching Entities provide the City with prior written notice of their intent to participate in a Joint Trench within the time frame specified in City's notice of the project. All such Joint Trenching shall be at no additional cost to the City and is contingent upon the Attaching Entity entering into a Joint Trench Agreement with the City. All parties executing such Joint Trench Agreement will have an opportunity to install their ducts and conduits, and associated facilities, during the timeframe allowed for the relevant trenching to occur. under the Civic Project and City schedule. 5. In no event will the City be obligated to pay for any Attaching Entity's costs, nor shall the City act as a collection agent on behalf of any party, including the Civic Authority. Such costs shall be payable by or to the Civic Authority or construction design contractor associated with such removal and undergrounding of facilities. 6. Any Attaching Entity seeking to relocate its existing Attachments to underground conduit as part of a Joint Trench Agreement with the City shall be solely responsible for securing, and providing to the City at its request, all requisite public and private authorizations, permits, and easements to occupy and operate its facilities within the Joint Trench. 7. Participation in a Joint Trench with the City is subject to the specifications and standards provided by the City. City of Georgetown Electric 35 b. Utility Initiated Relocation This Section applies to any Pole, or underground relocation of the City's existing aerial facilities that City undertakes to enhance and ensure the safety, security or reliability of its electric services that is not either required as part of a Civic Project, or a Private Development Project. i. City -Initiated Pole Replacements If the City is required to relocate its existing Poles in order to enhance or ensure the safety, security, or reliability of its electric system, and not for a Civic Project, or for a Private Development Project, the City will provide the affected Attaching Entities not less than sixty (60) days written notice of the transfer date of City's existing facilities to new replacement Poles or Streetlight Poles and the dates upon which the City will be removing the existing Poles. 1. All affected Attaching Entities shall have thirty (30) calendar days from receipt of the above relocation notice to notify the City in writing that they intend to transfer their existing Attachments to the City replacement Poles. City will not require an Attaching Entity that elects to transfer its existing facilities without Modification to replacement Poles to submit a new Application as part of such transfer. An affected Attaching Entity that elects to transfer its Existing Attachments to the City replacement Poles, shall complete such transfer at its own cost in accordance with all Applicable Engineering Standards. 2. All costs for the replacement of a Pole, including any related costs for tree -cutting or trimming required to clear the new location for the City's cables or wires, shall be allocated to the City. 3. If the Attaching Entity elects to make a Modification to its existing facilities as part of the transfer process, the Attaching Entity shall submit a new Application and shall also pay the proportionate share of the costs of the replacement Pole or Streetlight Pole attributable to its Modification. City of Georgetown Electric 36 4. The City will perform a Post -Construction Inspection of any transfers to The City replacement Poles or Streetlight Poles as described in these standards. ii. City Initiated Undergrounding. If the City is required to remove its existing Poles and Streetlight Poles and to underground its existing aerial facilities in order to enhance or ensure the safety, security, and/or reliability of its electric system, and such undergrounding is not required for a Civic Project or for a Private Development Project, the City will provide the affected Attaching Entities four (4) months written notice of the date upon which they must remove their existing facilities from the City's Poles and/or Streetlight Poles and the dates upon which the City will be removing the existing Poles and/or Streetlight Poles (unless the City offers the affected Attaching Entities to acquire ownership of the existing Poles or Streetlight Poles as specified in these standards. The notice shall be in substantially the same form to the sample notification(s) contained in APPENDIX B: APPLICABLE POLE ATTACHM ENT APPLICATIONS AND FORMS of these Standards. 1. Upon receipt of the written notice of the pending undergrounding of the City's aerial facilities, affected Attaching Entities shall have thirty (30) days to provide written notice to the City of their desire to place their existing facilities underground as part of a Joint Trench with the City. Upon receipt of such notice, the City will attempt to accommodate the affected Attaching Entities in the design and construction of the Joint Trench, contingent upon the Attaching Entity entering into a Joint Trench Agreement with the City. Subject to the City's review and Applicable Engineering Standards, the Attaching Entity shall be responsible for the design, engineering, and installation of its conduit and duct bank system within the Joint Trench, as well as all applicable costs associated with such facilities. City of Georgetown Electric 37 2. All parties executing such Joint Trench Agreement will have an opportunity to install their conduits and related underground facilities, in accordance with the Joint Trench Agreement, during the timeframe that the City has allowed for the relevant trenching to occur. 3. An Attaching Entity seeking to place its existing above- ground facilities underground as pursuant to a Joint Trench Agreement with the City shall be solely responsible for securing and providing to the City at its request, all requisite public and private authorizations, permits, and easements to occupy and operate its facilities within the Joint Trench. 4. Participation in a Joint Trench with the City pursuant to a Joint Trench Agreement shall not convey, or be deemed to convey, any right or authorization to occupy or use any the City ducts or conduits within the Joint Trench. c. Private Development Projects This Section applies to any Pole or Streetlight Pole relocation or undergrounding of the City's existing aerial facilities that the City undertakes because of a Private Development Project. i. Private Development Project Initiated Pole Replacements. If the City is required to relocate existing the City Poles or Streetlight Poles and facilities to new replacement Poles or Streetlight Poles because of a Private Development Project, the City will provide the affected Attaching Entities written notice of the proposed Private Development Project as soon as reasonably practical after the City itself receives such notice from the applicable Private Developer. Unless a shorter time frame is required by the applicable Private Development Project, the City will endeavor to provide not less than sixty (60) calendar days prior written notice of the expected transfer date of the City's existing facilities to new replacement Poles and/or Streetlight Poles and the dates upon which the City will be removing the existing Poles or Streetlight Poles. City of Georgetown Electric 38 1. The notice from the City to the affected Attaching Entities shall include the name and contact information for the Private Development Project's manager and the Private Development Project's construction design contractor, as well as any available information in the City's possession related to scheduling and coordination of the Private Development Project, including any information on cost reimbursement from the Private Developer to the affected Attaching Entities. The notice shall be in substantially the same form to the sample notification(s) contained in APPENDIX B: APPLICABLE POLE ATTACHMENT APPLICATIONS AND FORMS of these Standards. 2. All affected Attaching Entities shall have thirty (30) days from receipt of the above relocation notice from the City to notify the City in writing that they intend to transfer their existing Attachments, Wireless Installations, or Banner Attachments to the City's replacement Poles or Streetlight Poles. the City will not require an Attaching Entity that elects to transfer its existing facilities without Modification to replacement Poles or Streetlight Poles to submit a new Application as part of such transfer. 3. An affected Attaching Entity that elects to transfer its Existing Attachments, Wireless Installations, or Banner Attachments to the City's replacement Poles and/or Streetlight Poles as a result of Private Development Project, shall complete such transfer at no cost to the City and in accordance with all Applicable Engineering Standards. 4. If the Attaching Entity elects to make a Modification to its existing facilities as part of the transfer process, the Attaching Entity shall submit a new Application and shall also pay the proportionate share of the costs of the replacement Pole or Streetlight Pole attributable to its Modification. 5. Affected Attaching Entities seeking to transfer their existing facilities to the City replacement Poles or City of Georgetown Electric 39 Streetlight Poles in response to a Private Development Project shall be solely responsible for coordinating with the Private Development Project's manager to determine whether any of Attaching Entity's transfer costs are reimbursable from the Private Developer (or Civic Authority if applicable) and for entering into any necessary agreements with the Private Developer (or applicable Civic Authority) concerning such cost reimbursements. 6. The City will perform a Post -Construction Inspection of any transfers to the City replacement Poles and or Streetlight Poles as described in these standards. d. Private Development Project Initiated Undergrounding If the City places its existing aerial facilities underground because of a Private Development Project, the City shall provide all affected Attaching Entities written notice of the proposed Private Development Project as soon as reasonably practical after the City itself receives such notice. Unless a shorter time frame is required by the applicable Private Development Project, the City will endeavor to provide not less than four (4) months prior written notice of the expected removal of the Poles or Streetlight Poles and undergrounding of the existing the City aerial facilities. i. The notice from the City to the affected Attaching Entities shall include the name and contact information for the Private Development Project's manager and the Private Development Project's construction design contractor, as well as any available information in the City's possession related to scheduling of the Private Development Project, and shall direct the Attaching Entities to provide written notice to the City if they intend to participate in a Joint Trench with the City at least thirty (30) days after receiving notice from the City, but in City of Georgetown Electric 40 no event less than thirty (30) days from the beginning of construction if four (4) months prior notice is no provided.. The notice may be in similar form to the sample notification(s) contained in APPENDIX B: APPLICABLE POLE ATTACHMENT APPLICATIONS AND FORMS of these Standards. ii. Upon receipt of notice of the Private Development Project, from the City, affected Attaching Entities shall be solely responsible for informing the Private Development Project's manager whether they desire to underground their existing facilities, and pursue any cost reimbursement from the Private Developer. iii. Affected Attaching Entities seeking to underground their existing facilities shall be solely responsible for coordinating with the Private Development Project's manager and the Private Development Project's construction design contractor concerning the design, specifications, costs, and construction schedule of the underground facilities, including the design of the Attaching Entities' conduits and duct bank systems, as well as for entering into any necessary agreements with the Private Developer and/or the Private Development Project's construction design contractor for any available cost reimbursement. iv. To the extent consistent with the Private Development Project's design and specifications and all Applicable Engineering Standards, the City will allow affected Attaching Entities to relocate their existing aerial facilities into a Joint Trench along with the City, provided that such Attaching Entities provide the City with prior written notice of their intent to participate in a Joint Trench within the time frame specified in the City's notice of the Private Development Project. An Attaching Entity's participation in a Joint Trench with the City shall be at no additional cost to the City and is City of Georgetown Electric 41 contingent upon the Attaching Entity entering into a Joint Trench Agreement with the City. All parties executing such a Joint Trench Agreement will have an opportunity to install their conduits and associated facilities, during the timeframe allowed for the relevant trenching to occur under the Private Development Project and the City schedule. v. Any Party seeking to place its existing above -ground facilities underground as part of a Joint Trench Agreement with the City shall be solely responsible for securing and providing copies to the City at its request of all requisite public and private authorizations, permits, and easements to occupy and operate its facilities within the Joint Trench. vi. The ability to enter into a Joint Trench with the City pursuant to a Joint Trench Agreement shall not convey any right or authorization to occupy or use any the City ducts or conduits within a Joint Trench. S. Abandonment or Removal of City Facilities. a. Notwithstanding the provisions of Section III.B.4, if the City decides at any time to abandon, remove or underground any Pole on which one or more Attaching Entities have Attachments; the City shall give the affected Attaching Entities notice in writing to that effect as soon as practical, but at least sixty (60) calendar days prior to the date on which the City intends to abandon or remove such Pole. Notice may be limited to a lesser period of time if the City is required to remove or abandon its Facilities as the result of the action of a governmental authority or third - party and the greater notice period is not practical. Such notice shall indicate whether the City is offering the Pole or for sale. The notice shall be in substantially the same form to the sample notification(s) contained in APPENDIX B: City of Georgetown Electric 42 APPLICABLE POLE ATTACHMENT APPLICATIONS AND FORMS of these Standards. i. The City shall have the right upon ten (10) days written notice (unless a shorter time period is dictated by circumstances) to remove the Attaching Entity's facilities at the Attaching Entity's expense at one hundred and twenty-five percent (125%) of the actual documented costs. the City shall bear no responsibility or have any liability of any kind to any Attaching Entity in any manner for the removal of Attachments from the applicable Poles subject to removal. E. OVERLASHING 1. Application Required a. Refer to Section IV for details on the Application process for new Attachments and Overlashings and Section IV.F for the Application process for Overlashing existing Attachments. Regardless of Overlashing size or methodology, Attaching Entities are required to maintain their Overlashing in compliance with the Applicable Engineering Standards in effect at the time of the Overlash installation except where a change is required by applicable law. 2. Overlashing Third -Party Facilities a. An Attaching Entity is prohibited from Overlashing Communications Facilities of a third -party, including an Affiliate of the Attaching Entity, unless both the Attaching Entity and third -party have registered and executed a Pole Attachment Agreement with the City pursuant to these standards. The City shall not grant a Notice to Proceed authorizing the Overlashing of a third-party's Communications Facilities unless the Attaching Entity that owns the Attachments subject to Overlash has provided the City its consent in writing to such Overlashing. City of Georgetown Electric 43 3. Annual Attachment Connection Fee a. An Attaching Entity or an Overlashing third- party shall not be required to pay a separate annual Attachment Connection Fee for such Overlashed Communications Facilities provided that the annual Attachment Connection Fee is already being billed for the original Attachment that was Overlashed. F. INSPECTION AND INVENTORY OF ATTACHING ENTITY'S FACILITIES 1. Inspections the City, at its discretion and in addition to any inspections undertaken during Make -Ready Work and Post -Construction Inspections, may engage in two other specific types of inspections or Inventory of Attachments.. These include: 1) routine visual inspections of Attachments that the City's employees may conduct at any time; and 2) a formal Inventory that the City may conduct no more frequently than once every five (5) years, in which the City shall undertake with its own personnel or with outside contractors, subject to a formal competitive bidding basis, the cost of which shall be borne by all Attaching Entities on a pro -rats basis. Regardless of inspection or Inventory method: a. The City expects an Attaching Entity to install, maintain, and inspect its Attachments and Overlashings to ensure these facilities are in good order and safe to the general public at all times. If any inspection reveals that any Attaching Entity's Attachments and Overlashings are not in compliance with the Applicable Engineering Standards in effect at the time the Application was approved, the City shall provide written notice and the Attaching Entity shall make any and all corrections to bring the Attachment and Overlash Attachments into compliance with the Applicable Engineering Standards. If the severity of the non- compliance warrants, the City will assess, and the City of Georgetown Electric 44 Attaching Entity will be required to pay a Safety Violation Assessment as described in APPENDIX F. SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES. b. If it is found that an Attaching Entity has made an Attachment without a Notice to Proceed, the Attaching Entity shall pay an Unauthorized Attachment Charge as specified in APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES, in addition to applicable Attachment Connection Fees, Application Fees, and Make -Ready Charges, if any. c. Notwithstanding any other provisions contained in these Standards, including this Section, no revisions to the Applicable Engineering Standards shall be retroactive to existing permitted Attachments and Overlashings unless required by city, county, state, or federal law. 2. Routine Visual Inspections and/or Inventory Any qualified City employee may conduct a routine inspection and/or inventory of an Attaching Entity's Attachments and Overlashings. In practice, these routine inspections and/or inventory may be undertaken and completed as part of the daily work assignment of a City employee. The cost of this work is included in the determination of the annual Attachment Rate or Wireless Rate, as described in APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES. In the course of a routine visual inspection, a City employee or contractor may require an Attaching Entity or its contractors installing an Attachment or Overlash to supply evidence of a valid Notice to Proceed or permission from the City to access a City Pole, as applicable. The City reserves the right to demand the Attaching Entity or its contractor to immediately suspend work on the Attachment, Overlash should the Attaching Entity or contractor be unable to furnish the valid Notice to Proceed or other notice of permission for City of Georgetown Electric 45 the City's inspection. If the City directs the work be suspended, the Attaching Entity or its contractor shall suspend the work in a safe and orderly manner ensuring the suspension of the work will not cause a danger to City employees, contractors, or the general public. 3. Formal Inventory Performed by the City or Third -Party Contractor Subject to Competitive Bid The City may contract with a third -party contractor to conduct a formal Inventory of either all or designated Poles within the City service area. The cost of this formal Inventory shall not be included in the calculation of the Attachment Rate as described in APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES. All Attaching Entities shall cooperate and participate in the Inventory. Each Attaching Entity will share the total cost of the Inventory on a pro-rata basis with all other Attaching Entities based on the number of found Attachments belonging to each Attaching Entity. For the limited purpose of determining the pro-rata shared costs, each foot of space occupied on a pole will count as one (1) Attachment on each Pole. In undertaking this formal Inventory: a. the City shall have sole responsibility for the management, review, and approval of the Inventory of its Poles. b. the City shall routinely conduct meetings, communicate in writing, via electronic mail, with all Attaching Entities to discuss the progress and on -going results of the Inventory. The City will seek to find consensus with the Attaching Entities as to the most effective schedule and methodology of these meetings and communications. Each Attaching Entity shall be expected to cooperate fully with the City and/or the third -party contractor conducting the Inventory by assigning a single point of contact to attend project meetings and receive the written communications and to answer any questions either the City or the third - City of Georgetown Electric 46 party contractor may have concerning the Attaching Entity's Attachments. Attaching Entities shall be given access to the Inventory results and other supporting documentation, including maps, spreadsheets, and other related items. c. At the conclusion of the Inventory, the City shall provide a written report to each Attaching Entity containing a draft of the final Inventory Attachment count for the Attaching Entity and other documentation necessary to substantiate the third -party contractor's Inventory findings. Notwithstanding the challenge provisions of Section III.D.3.d below, if the Attaching Entity does not provide a written challenge to the draft Inventory count or results within thirty (30) calendar days of the issuance of the City's draft Inventory count, the Inventory count will be deemed correct, and the City will invoice the Attaching Entity for their share of the cost of inventory. d. Should an Attaching Entity wish to challenge the results of the draft Inventory report, the Attaching Entity shall, within thirty (30) calendar day of the City issuing the draft Inventory report, discussed in Section III.D.3.c above, provide the City written notice that the Attaching Entity has cause to challenge the results. In this notice, the Attaching Entity shall provide to the City all relevant documentation to substantiate its challenge for review and consideration by the City. All costs related to this challenge, including both the City's and third -party contractor's labor and other expenses required to respond to and resolve the challenge shall be borne by the Attaching Entity challenging the Inventory results. Should multiple Attaching Entities provide notice of their intent to challenge the results, the City will pro -rate the cost and expenses required to respond to the challenge as described in this Section to the City of Georgetown Electric 47 Attaching Entities participating in the challenge. To the extent the Attaching Entity prevails in identifying errors or omissions in the Inventory, the City shall be responsible for its own and the third - party contractor costs. the City will meet with the Attaching Entity requesting the challenge within ten (10 calendar days of receiving the written notice of challenge to discuss the challenge and attempt to reach agreement and settlement on the Attaching Entity's Attachment count. The City will issue its final decision in writing as to the resolution of the challenge within fifteen (15) days following this settlement meeting. e. Following resolution of all challenges, pursuant to Section III.D.3.d, the City shall issue a final Inventory report and shall true -up each Attaching Entity's count to the number of Attachments identified in the final Inventory report including any Unauthorized Attachments as described in Section III.E. Unauthorized Attachments reported shall incur an Unauthorized Attachment Charge as provided in APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES. The City shall invoice the applicable Attaching Entity for the Unauthorized Attachments and payment shall be due within forty-five (45) calendar days of the City's issuance of the invoice. Failure of the Attaching Entity to pay the outstanding invoice timely and in full will result in the suspension of any current pending Applications and the immediate rejection of any future Applications until such payment is received in full. f. The Attaching Entities will be charged their pro- rata share of the cost of inventory based upon the total cost of the inventory and the number of attachments total in the system. 4. No Liability City of Georgetown Electric 48 The making of any inspections or Inventory under this Section III.E, or the failure to do so, shall not operate to impose upon the City any liability of any kind whatsoever or relieve an Attaching Entity of any responsibility, obligations or liability, whether assumed or otherwise existing. S. Attaching Entity Conducted Inventory Nothing in these Standards prevents an Attaching Entity from performing its own Inventory of its own which the City shall consider in the determination of that Attaching Entities total Attachment count. Before the City will consider such inventory, the Attaching Entity shall be required to meet with the City and describe the methodology and approach used to conduct the inventory. The cost of such inventory shall be the sole risk and responsibility of the Attaching Entity undertaking the inventory. G. UNAUTHORIZED OCCUPANCY OR ACCESS 1. Unauthorized Attachments If, after the establishment of the Inventory baseline set forth in Section III.D.3 any belonging to an Attaching Entity that: a. are found to occupy a Pole, as applicable, for which the City had not previously issued a Notice to Proceed to the Attaching Entity, or b. are being utilized to provide services that are not Communications Services, The City, without prejudice to its other rights or remedies, will send the Attaching Entity a written Notice of the Unauthorized Attachment, a copy of which is provided in APPENDIX 1137: NOTICE OF UNAUTHORIZED ATTACHMENT. Such notice shall include the specific location of the Pole where the violation is found and the nature of the Unauthorized Attachment. Within forty-five (45) calendar days upon receipt of the notice of City of Georgetown Electric 49 violation, the Attaching Entity must submit for the Unauthorized Attachment a. an Application for an Attachment, b. correct Application Fee if applicable, and c. the Unauthorized Attachment Charge to the City. Should the Attaching Entity fail to comply within the forty-five (4S) calendar days, the Attaching Entity must remove its Unauthorized Attachment within the subsequent forty-five (4S) calendar day period. If the Attaching Entity fails to remove the unauthorized facilities, the City may remove them without liability and the Attaching Entity shall promptly reimburse the City for the expense plus ten percent (10%) of such removal in all cases, no later than forty-five (4S) calendar days following the City's issuance of invoice. 2. Unauthorized Attachment Charge Pursuant to Section III.E.1 above, the City, without prejudice to its other rights or remedies, may assess an Unauthorized Attachment Charge, as specified in APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES, for each Attachment for which: a. No Notice to Proceed has been issued by the City; b. Where an Attachment received a Notice to Proceed and it was later found the information provided by the Attaching Entity on the Application was substantially incorrect; or c. Where an Attachment has been significantly modified since the issuance of its initial Notice to Proceed and such modification has not been approved by the City. 3. No Ratification of Unauthorized Use No act or failure to act by the City with regard to an Attaching Entity's Unauthorized Attachments shall be deemed as ratification of the unauthorized (unlicensed) use. If any Notice to Proceed should be subsequently issued for an unauthorized facility, such Notice to Proceed shall not operate retroactively or constitute a waiver by the City of any of its rights or privileges and the non -compliant Attaching Entity shall remain subject to all liabilities, obligations, and responsibilities under the applicable Pole Attachment City of Georgetown Electric s0 Agreement and these Standards in regards to said unauthorized (unlicensed) use from its inception. 4. Excessive Unauthorized Attachments a. If an Attaching Entity is determined by the City pursuant to an Inventory described in Section III.D or by other means to have Unauthorized Attachments accounting for the greater of (1) more than two percent (2%) of its total Attachments, or (2) thirty (30) or more Unauthorized Attachments; the Attaching Entity shall be in breach of its Pole Attachment Agreement and the City will have the right to terminate such Agreement subject to the cure provisions in the Pole Attachment Agreement. Failure to timely cure such breach of contract could result in the removal of all of the Attaching Entity's Communication Facilities, or the City, in its sole discretion, may exercise such other remedies as the Pole Attachment Agreement provides. b. For those entities found with Unauthorized Attachment who do not have a valid Pole Attachment Agreement, or who are otherwise not authorized to attach to City Poles, as applicable; the City reserves all of its rights under applicable law and equity to remedy the trespass. H. OPERATIONAL DUTIES AND RESPONSIBILITIES 1. Duty to Inspect While recognizing its duty to maintain and update its electric distribution system, in order to provide safe and reliable electric service, the City does not warrant that its Poles are free of defects or non -compliant Attachments. By submitting an Application, an Attaching Entity acknowledges that it has an obligation to inspect the City's Poles, as applicable, and the premises surrounding such pole structures prior to commencing any work utilizing the or entering the premises surrounding such pole structures. ANY CITY FACILITIES WHICH MAY BE IDENTIFIED AS UNSAFE SHALL BE City of Georgetown Electric 51 REPORTED TO THE CITY AS SOON AS PRACTICAL AFTER THEY ARE IDENTIFIED, FOR FURTHER HANDLING BEFORE THE ATTACHING ENTITY UNDERTAKES ANY WORKATTHAT LOCATION. 2. Knowledge of Work Conditions In all situations, it is the continuing responsibility of an Attaching Entity to acquaint itself, its employees, agents, contractors, and/or subcontractors with these Standards including all Applicable Engineering Standards relating to the work for which a Notice to Proceed may be sought by the Attaching Entity. Failure to become familiar with these Standards and with the facilities, difficulties, and/or restrictions attending the execution of such work may result in the denial of an Attachment, delay in construction, assessment of penalties, and removal of a non -conforming Attachment and Overlashing among other remedies that the City may impose for violations of these Standards. a. City Poles may be treated with chemical wood preservatives. b. The City attempts to identify and mark such pole structures that should not be climbed. In all situations, it the responsibility of any person having a valid reason to climb a pole structure in performance of assigned job duties to be personally satisfied as to the structural integrity of such poles prior to climbing or doing other work on the pole. 3. Duty of Competent Supervision and Performance All Attaching Entities are on notice that in the performance of work under these Standards, an Attaching Entity and its employees, agents, servants, contractors and/or subcontractors will work near electrically energized lines, transformers, or other City Facilities, and it is the intention that energy therein will not be interrupted at anytime, except in an Emergency endangering life, personal injury, or property. All Attaching Entities shall ensure that their employees, agents, servants, contractors and/or subcontractors have the necessary qualifications, skill, knowledge, training, and experience to protect themselves, their fellow employees, employees of the City, and the general public from harm or City of Georgetown Electric 52 injury while performing work permitted pursuant to these Standards. In addition, all Attaching Entities shall furnish their employees, agents, servants, contractors and/or subcontractors competent supervision; as well as ensure these employees, agents, servants, contractors and/or subcontractors have sufficient and adequate tools, equipment, and training for the required work to be performed in a safe manner. In the event of an Emergency or otherwise in which it may be necessary for the City to de -energize any part of City Facilities, the Attaching Entity shall ensure that work is suspended until such City Facilities have been de -energized and properly grounded and that no such work is conducted unless and until an authorized City employee has communicated that such City Facilities have been made safe and are ready for the Attaching Entity to work. 4. Requests to De -energize An Attaching Entity may request that the City de- energize and render safe any City Facility for its benefit and convenience. Such request shall be made in writing and received by the City at least five (5) calendar days in advance of the date the work is planned. The Attaching Entity shall reimburse the City in full for all costs and expenses incurred, in accordance with these standards, to comply with such request. Before any City Facilities are de -energized, with the exception of actions taken pursuant to an Emergency, the City shall provide upon request an estimate of all costs and expenses to be incurred in accommodating the Attaching Entity's request. S. Interruption of Service In the event an Attaching Entity causes an interruption of service by damaging or interfering with any City Facilities, the Attaching Entity at its expense shall immediately do all things reasonable to avoid further injury or damages, direct and incidental, resulting therefrom and shall notify the City immediately of these activities. 6. Duty to Inform City of Georgetown Electric 53 THE WORK CONTEMPLATED UNDER THESE STANDARDS INVOLVES IMMINENT DANGERS INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION. The Attaching Entity acknowledges such dangers and accepts as its duty and sole responsibility to notify, inform, and keep informed its employees, agents, servants, contractors and/or subcontractors of such dangers and shall not be passed or assigned this duty and responsibility to any third -party. 7. Duty to Protect Data An Attaching Entity has an obligation and duty under Section §418.181 Texas Government Code (Confidentiality of Certain Information Relating to Critical Infrastructure) to protect and hold confidential City data relating to City Facilities and not disclose such data to any third -party without the City's written consent. The City will undertake reasonable measures to keep an Attaching Entity's proprietary data confidential and secure. City of Georgetown Electric 54 SECTION IV SPECIFICATIONS FOR ATTACHMENTS I. POLE ATTACHMENT APPLICATION PROCESS The City offers Attaching Entities non-discriminatory access to Poles for wire Attachments or Overlashings as shown listed below. Comi2etitive Provider - Standard Process. 1. Eligibility. Default process for any Attaching Entity with a valid Pole Attachment Agreement that is a Competitive Provider. 2. Application for Attachment Required An Attaching Entity shall not install any new Attachment or new Overlashing, except as provided in Section IV.F, on any City Pole without first submitting an Application and obtaining a Notice to Proceed pursuant to the requirement and procedures set forth below and elsewhere in these Standards. a. Application Form. All Attaching Entities shall use the Application for Pole Attachment Form, a copy of which is provided in APPENDIX B1. APPLICATION FOR POLE ATTACHMENT, which may be amended from time to time, provided that any such amendments are consistent with Applicable Engineering Standards and are applied to all similar types of Attachments on a non-discriminatory basis. i. A single Application may include up to a maximum of fifty (50) Poles for new Attachments. ii. the City's acceptance of the submitted design documents required as part of a complete Application Form does not relieve the Attaching Entity of full responsibility for any errors and/or omissions in the engineering analysis and compliance with all Applicable Engineering Standards. b. Pole Ownership For the purposes of Application submittal, unless the City records and/or Poles indicate otherwise, the City shall be presumed to be the owner all Poles subject to Attachment. The Attaching Entity is responsible for field verifying Pole ownership and notifying the City of Georgetown Electric 55 City of any discrepancies between the City's maps/records and the actual Poles in the field. c. Compliance with Standards Attaching Entity shall comply with the Texas Engineering Act at Section 1001.001, et seq., of the Texas Occupations Code to the extent it is applicable to the work described herein, and with the most current version of the National Electrical Safety Code (NESC), including any and all revisions to both, and all other Applicable Engineering Standards. The Attaching Entity shall certify its compliance with the above on each Application it submits to the City for processing. The certification statement shall be submitted by an employee or agent of the Attaching Entity who has the final authority or responsibility to approve the Application. The City will not process an Application that fails to provide the signed certification statement included therein. The Attaching Entity shall provide documentation, sealed by an Engineer, establishing that the Attaching Entity's applicable Pole Loading Analysis (PLA) documents comply with all requirements specified by the NESC and the Applicable Engineering Standards. i. Pole Loading Analysis (PLA) An Attaching Entity, in connection with an Application, must comply with the PLA methodology described herein and in APPENDIX E: POLE LOADING REQUIREMENTS. Acceptable software for use of PLA shall be completed in OCALC, unless otherwise approved by the City. The Attaching Entity will gather the pole and Attachment physical and technical information required to conduct a PLA on Poles that meet the criteria for PLA as described in APPENDIX E: POLE LOADING REQUIREMENTS, with assistance as required from the City. Submission of Application Completed Applications may be submitted electronically via the City's online application platform, or other means mutually agreeable by the City and the Attaching Entity. The Application shall include: 1. A completed Application form, as provided in APPENDIX B1. APPLICATION FOR POLE ATTACHMENT and within the application portal; 2. A proposed installation schedule upon issuance of Notice to Proceed; PLA worksheets and results, and City of Georgetown Electric 56 3. Relevant pole data; Such Application shall be prepared by, or under the authority of, the Attaching Entity. The detailed design documents referenced in this Section will be undertaken and completed in design tools to be deemed acceptable by the City. All actions pursuant to this Section shall be at the Attaching Entity's cost and risk. 3. City Review of Application The City will respond to each completed Application submitted by the Attaching Entity within thirty (30) calendar days of receipt. Should the City be required to return an Application for clarification or modification, the time required for the Attaching Entity to address the concerns raised and return the Application shall not count against the thirty (30) calendar day period. For Applications with Overlashing only, the City will respond pursuant to Section W.F. Any Application that does not conform to the requirements provided in Section IV and the Applicable Engineering Standards will be deemed incomplete and immediately rejected by the City. In the event the City does not finalize its review of a completed Application within thirty (30) calendar days, the City will provide notice to the Attaching Entity of the delay and provide a reasonable timeline of completion mutually agreed upon between the City and the Attaching Entity. a. Review In making its decision as to whether to approve an Application, the City will consider the Applications proposed compliance with engineering and safety requirements, in accordance with the Applicable Engineering Standards set forth in these standards. In addition, the City shall consider Capacity constraints, including the future needs of the City as determined in accordance with the Reserved Capacity provisions set forth in these standards, flood zone requirements, in-flight City projects, and other circumstances known at the time that would directly affect the engineering, safety requirements, and Capacity constraints of the Application submission and review which may impact the Application, including any known third -party requests for Attachment to the same Pole as described in these standards. City of Georgetown Electric 57 b. Make -Ready Electrical Construction In the event an Attaching Entity's proposed Application requires the City to undertake and complete Make -Ready Electrical Construction to accommodate the Attaching Entity's Application, the City will review the PLA documents and the application to prepare a design and cost estimate for Make -Ready Electrical Construction work provided by the City or Attaching Entity. If the Attaching Entity wishes to conduct Make Ready Electrical Construction on behalf of the City, the City must provide approval. The City will then submit this estimate of the cost of Make -Ready Electrical Construction to the Attaching Entity utilizing the City Authorization for Make -Ready Work form, provided in APPENDIX B2. AUTHORIZATION FOR MAKE READY WORK AND INVOICING, for approval from the Attaching Entity to proceed. The Attaching Entity shall approve and make advanced payment of this cost estimate in order for any Make -Ready Electrical Construction to procced in accordance with these standards. The Attaching Entity shall have thirty (30) calendar days following the issuance of the City invoice for Make -Ready Work to approve the estimate and provide payment. Failure of the Attaching Entity to respond to the City or return the City invoice for Make -Ready Work within the thirty (30) calendar day period will result in the Application being cancelled or recalculated by the City, with all applicable Application Fees being non-refundable. c. Changes Required If the City describes any changes, modifications, or revisions necessary to the proposed application, including the pole loading analysis, pursuant to this Section, the City shall notify the Attaching Entity in writing. Upon receipt of this notice, the Attaching Entity may resubmit the Application as amended and is subject to additional review; or the Attaching Entity may propose alternative changes, modifications, or revisions consistent with Applicable Engineering Standards by resubmitting the Application with such other alternative proposals, provided that such resubmission explains the reasons for the alternative proposals and addresses all concerns raised by the City in response to the initial Application. City of Georgetown Electric 58 The Attaching Entity shall incur an additional application fee, if applicable, upon resubmitting the Application containing the alternative proposals. the City shall have thirty (30) calendar days of receipt thereof to provide the Attaching Entity with: (i) Notification that access is granted based on the alternative proposals; or (i i) A detailed description of any changes, modifications, or revisions to the alternative proposal necessary to comply with safety, reliability, or generally applicable engineering practices or standards. In the event the City fails to complete its review within thirty (30) calendar days of the resubmitted Application containing the alternative proposals, the City will provide notice to the Attaching Entity of the delay and provide a reasonable timeline of completion mutually agreed upon between the City and the Attaching Entity. 4. Compliance by Attaching Entity The City's acceptance of the submitted application including respective engineering documents does not relieve the Attaching Entity from compliance with the requirements of the Texas Engineering Act, the National Electrical Safety Code, and all other Applicable Engineering Standards as required by this Standard. 5. Application Approval i. If Make -Ready Electrical Construction Is Required After acceptance of all necessary revisions, the City will issue to the Attaching Entity the City Authorization for Make -Ready Work, a copy of which is in APPENDIX B2. AUTHORIZATION FOR MAKE READY WORK AND INVOICING. The Attaching Entity shall comply with the provisions of Section IV ii. If Make -Ready Electrical Construction Is Not Required After acceptance of all necessary revisions to the Application, the City will issue to the Attaching Entity the City Notice to Proceed, a copy of which is in APPENDIX 1134: NOTICE TO City of Georgetown Electric 59 PROCEED. The Attaching Entity shall comply with the provisions of Section IV. 6. Treatment of Multiple Requests for Same Pole The City shall consider complete Applications received from multiple Attaching Entities to attach to the same Pole on a "first -come, first - served", non-discriminatory basis. iii. If the City receives a subsequent Application for the same Pole from a second prospective Attaching Entity following acceptance of a complete Application and prior to completing Make -Ready Electrical Construction or issuing a Notice to Proceed on said first Application, the City shall reject the second Application and any subsequent Applications for the same Pole without consideration of the proposed Attachments from the Application which was first in time. The City will reconsider the rejected Application if it is revised and resubmitted to eliminate the conflict with the first in time Application previously approved. iv. Should the first in time Application require the City to undertake and complete any Make -Ready Electrical Construction on a Pole with a subsequent request for an Attachment Installation received before the City completes such Make -Ready Electrical Construction, the City shall meet with each Attaching Entity and allocate the costs to complete this Make -Ready Electrical Construction evenly between the Attaching Entities requesting access to the Pole. v. Where Make -Ready Electrical Construction on the Pole with multiple Attachment requests arise not required or has been already completed; in the event the Attaching Entity that was first in time fails to timely affix its Attachment in accordance with these standards, as applicable, the City will withdraw the first Application and process the second Application without consideration to the initial first -in -time Application. 7. Make -Ready Electrical Construction If Make -Ready Electrical Construction is required to accommodate an Attaching Entity's Attachment and/or Overlashing, the City or its contractors shall perform such work at Attaching Entity's expense as provided in Section IV. a. Advance Payment City of Georgetown Electric 60 The City shall invoice Attaching Entity based on the estimated cost of such work. Pursuant to these standards, the City shall require payment in advance for any Make -Ready Electrical Construction, to be performed by the City or its contractors. b. Work Performed by the City or City Contractor Make -Ready Electrical Construction shall be performed only by the City and/or a contractor authorized by the City to perform such work. Prior to commencement of Make -Ready Electrical Construction and upon receipt of advance payment, the City will schedule a work order within thirty (30) calendar days for construction to commence. The City will strive to perform the Make -Ready Electrical Construction to accommodate an Attaching Entity's Communications Facilities within ninety (90) calendar days after scheduling. The City shall provide to the Attaching Entity as soon as possible the estimated schedule for completing the Make -Ready Electrical Construction. In the event that the City is unable to complete the Make -Ready Electrical Construction within the ninety (90) calendar day period, an Attaching Entity may request in writing to the City the use of temporary Attachments by submitting a Request for Temporary Attachment form, located in APPENDIX B3. REQUEST FOR TEMPORARY ATTACHMENT. Upon receiving this written request, the City shall coordinate with the Attaching Entity on a non- discriminatory basis to determine all reasonable means to accommodate the temporary Attachment request subject to compliance with the Applicable Engineering Standards. Any temporary Attachments must be removed and properly installed upon the completion of the Make -Ready Electrical Construction. The cost to install and remove a temporary Attachment shall be borne by the Attaching Entity. c. Work Schedule In performing all Make -Ready Electrical Construction to accommodate an Attaching Entity's Attachments, the City will include such work in its normal work schedule on a non- discriminatory basis. In the event the Attaching Entity requests that the Make -Ready Electrical Construction be performed on a priority basis or outside of the City's normal work hours, the Attaching Entity shall pay the appropriate City of Georgetown Electric 61 increased costs if deemed necessary by the City. Nothing herein shall be construed to require performance of any Attaching Entity's work before other scheduled work, the City service restoration, or other Emergency work. d. Notifying Other Attaching Entities Prior to commencing Make -Ready Electrical Construction, the City shall provide no less than ten (10) calendar days' written notice to the Attaching Entities on the affected Pole of the impending work. Such notification will be sent through the National Joint Utilities Notification System (NJUNS) or comparable notice. e. Notice to Proceed Following completion of the Make -Ready Electrical Construction, the City will issue a City Notice to Proceed, a form of which is provided in APPENDIX 1134: NOTICE TO PROCEED, to the Attaching Entity (applicant) in writing that the Pole is available for Make -Ready Communications Construction and Attachment. When applicable, the Attaching Entity shall proceed to install its Attachments utilizing the One -Touch Transfer Process described in Section IV below. Whenever the transfer of an Attachment would requires cutting or splicing of the Communication Facility or disruption of wireless service, the Complex Transfer Process in Section IV below shall apply. f. Failure to Attach An Attaching Entity must exercise the right granted by the City Notice to Proceed within ninety (90) calendar days of issuance of the Notice to Proceed. If needed, the Attaching Entity may request in writing to the City an additional thirty (30) calendar day extension of the effective period of the Notice to Proceed. The request for this extension must be received by the City no later than seven (7) calendar days before the expiration date provided in the Notice to Proceed. In considering this request, the City will review past construction practices of the Attaching Entity and current efforts underway to complete the installation for which the extension was requested. the City will provide a written response to the request for extension within seven (7) calendar City of Georgetown Electric 62 days of receiving the request. The City, at its discretion, may not consider any requests for extension received within seven (7) calendar days of the expiration of the Notice to Proceed. i. Failure to install an Attachment within the effective period of the Notice to Proceed, or extended period if granted by the City, will result in expiration of the Application and the forfeiture of the applicable Application Fees and any payments made for Make - Ready Work already completed. Following expiration of an Application, should the Attaching Entity wish to continue to install the Attachment subject to the expired Application, the Attaching Entity must submit a new Application covering the same Attachment including all appropriate Application Fees. ii. The City and the Attaching Entity shall determine a mutually -agreeable schedule for the completion of the Make -Ready Work should an issue of Force Majeure, as described in the Pole Attachment Agreement, be asserted by either party. 8. Make -Ready Communication Construction - One Touch Transfer The transfer of third -party Attachments or Wireless Installations, whether conducted by an Attaching Entity or the City, shall hereinafter be referred to as the "One -Touch Transfer Process." Pursuant to these Standards, the One -Touch Transfer Process allows an Attaching Entity to transfer or rearrange an Attachment of one or more Attaching Entities in the Communications Space of the City, as may be necessary to accommodate the installation of a new Attachment contingent upon compliance with requirements identified in this Section. All One -Touch Transfers conducted by an Attaching Entity or the City must comply with the following requirement(s): a. Simple Transfers Only One -Touch Transfers shall be limited to rearrangement or transfer of third -party Attachments on an existing Pole and/or a Mid -Span Installation suspended by a Messenger cable between two Poles. Such Attachment or Mid -span installation may be rearranged within an existing Pole or transferred onto a replacement Pole Installation (along with any supporting City of Georgetown Electric 63 Communication Facility or Overlash) is not subject to cutting and splicing and any affected Mid -Span Installation is not severed from the Communication Facility providing connectivity. b. Applicability to City The City's communications wires or facilities installed in the Communication Worker Safety Zone of a Pole will also be subject to the One -Touch Transfer Process. c. One -Touch Transfers Subject to Applicable Engineering Standards All Make -Ready Communication Construction performed under the One -Touch Transfer Process shall meet all Applicable Engineering Standards, including the City's clearance standards. Applications that include Make -Ready Communications Construction and One -Touch Transfers that fail to meet Applicable Engineering Standards will be rejected by the City. d. Cost Responsibility With the exception of instances where in the sole judgement of the City in which a Pole has been identified as defective, the City will be responsible for the cost to replace such defective Pole. In all other instances, the Attaching Entity shall pay all costs of Make -Ready Electrical Construction and Make -Ready Communications Construction associated with One -Touch Transfers as described below: Where the Pole includes one or more third -party Attachment(s) that fail to meet Applicable Engineering Standards but otherwise there is enough space on the Pole to accommodate the Attaching Entity's Attachment. Make - Ready Work will include the transfer of the third -party Attachment(s). ii. Where the Pole includes one or more third -party Attachment(s) that fail to meet Applicable Engineering Standards, and in order to accommodate the Attaching Entity's Attachment on the same Pole the third -party Attachment(s) must be rearranged, the cost of rearranging the third -party Attachment(s) will not be included in Make Ready Work. Provided that if the Attachment(s) on the Pole fails to City of Georgetown Electric 64 meet NESC clearance standards and/or poses a public safety hazard, the Attaching Entity may recover the cost to bring such Attachment(s) into compliance from the owner of that Attachment. iii. Where the Pole includes one or more third -Party Attachment(s) that fail to meet Applicable Engineering Standards, and in order to accommodate the Attaching Entity's Attachment a new Pole must be installed, the cost of the new Pole and the transfer of the third -party Attachment(s) will be included in the Make -Ready Work. The City will provide notice of the work being completed, any third -Party Entity shall have the option to provide notice that they wish to conduct the transfer themselves, in which case, they will be provided a specified date the transfer must be completed by. Should the transfer not be completed by specified date, the City will conduct the transfer. iv. Where the Pole includes one or more third -party Attachment(s) that meet Applicable Engineering Standards, and otherwise there is enough space on the Pole to accommodate the Attaching Entity's Attachment, Make - Ready Work will not include the transfer of the third -party Attachment(s). v. Where the Pole includes one or more third -party Attachment(s) that comply with Applicable Engineering Standards, and in order to accommodate the Attaching Entity's Attachment on the same Pole the third -party Attachment(s) must be rearranged, the cost of rearranging the third -party Attachments) will be included in Make -Ready Work. vi. Where the Pole includes one or more third -party Attachment(s) that comply with Applicable Engineering Standards, and in order to accommodate the Attaching Entity's Attachment a new Pole must be installed, the cost of the new Pole and the transfer of the third -party Attachment(s) will be included in Make- Ready Work. e. Notice of Transfer City of Georgetown Electric 65 An Attaching Entity shall provide all third -parties having wire Attachments or Overlashings affected by a proposed One -Touch Transfer with advanced written notice of such One -Touch Transfer no less than twenty-one (21) calendar days prior to undertaking such One -Touch Transfer. This notice shall be provided using the NJUNS or comparable notice to a duly designated representative of the affected Attaching Entity, unless another method of notice is prescribed by the City. The Attaching Entity who desires to utilize the One -Touch Transfer Process shall bear the responsibility of determining the appropriate representative for each Attaching Entity affected by the Attaching Entity's implementation of the One -Touch Transfer Process. The Attaching Entity shall include notice to City staff as well. f. Critical Communication Facilities If an affected Attaching Entity, in its reasonable discretion, determines that a proposed One -Touch Simple Transfer poses a risk of disconnection or interruption of service to a Critical Communications Facility, the affected Attaching Entity shall notify the requesting Attaching Entity and the City in writing within ten (10) calendar days of receiving the notice of transfer described in this standard. The affected Attaching Entity is obligated to make the requested transfer of their Critical Communication Facilities within fifteen (15) calendar days of providing such notice. Failure to transfer the Critical Communications Facilities in a timely manner will subject the Critical Communications Facility to the One -Touch Transfer Process. g. Post -Transfer Notice Within fifteen (15) calendar days following the completion of a One -Touch Transfer, the Attaching Entity shall send written notice of the One- Touch Transfer and as -built reports to each affected Attaching Entity and the City. Within thirty (30) calendar days of receipt of these as -built reports, the Attaching Entity that owns the Communications Facilities that were transferred or relocated may conduct an inspection at the expense of the Attaching Entity who moved the facilities. If the One -Touch Transfer failed to meet all Applicable Engineering Standards, the owner of the Communications Facilities subject to transfer or City of Georgetown Electric 66 relocation will notify the Attaching Entity responsible for the One - Touch Transfer of any deficiency, which will be corrected within fifteen (15) calendar days following receipt of such written notice at the expense of the Attaching Entity responsible for the One - Touch Transfer. The Attaching Entity responsible for the One - Touch Transfer shall pay the actual, reasonable, and documented inspection expenses incurred by the owner of the Communication Facilities subject to transfer or relocated, within forty-five (45) calendar days of receipt of an invoice. Failure of the owner of the moved or relocated Attachment to undertake and complete the inspection within the thirty (30) calendar day period shall be deemed acceptance of the One -Touch Transfer. h. Attaching Entity's Attachments Subject to One -Touch Transfer by Other Entities An Attaching Entity's Communications Facilities shall be subject to the One -Touch Transfer Process conducted by another Attaching Entity or the City pursuant to the same terms and conditions prescribed in this Section. 9. Make -Ready Communication Construction - Complex Transfers a. Responsibility for Complex Transfers The accomplishment of a Complex Transfer is considered part of Make -Ready Communication Construction and shall be performed by the Attaching Entity which owns the Attachment subject to transfer. It is the responsibility of the Attaching Entity requesting the Complex Transfer to negotiate a private process with the owning Attaching Entity for the Complex Transfer. The cost of the Complex Transfer shall be borne by the requesting Attaching Entity b. Complex Transfers Escalation Process In the event an Attaching Entity refuses to reach agreement on a process for the expedient transfer of an Attachment subject to a Complex Transfer, the requesting Attaching Entity may rely on the following escalation procedures. At any time during these escalation procedures, the requesting Attaching Entity and the owner of the Attachment subject to the Complex Transfer may reach agreement on a voluntary transfer process. In such event, City of Georgetown Electric 67 the requesting Attaching Entity shall notify the City in writing of this agreement. Level 1: Initial Request for Complex Transfer (Days 0 to 30) 1. Initial Notice Letter The requesting Attaching Entity shall provide written notice to owner of the Attachment subject to Complex Transfer requesting the transfer of such Attachment using NJUNS or comparable notice with a copy to the City. The Attaching Entity which owns such Attachment shall perform the transfer within thirty (30) calendar days of receipt of notice from the requesting Attaching Entity. ii. Level 2: Initial Escalation Process (Days 31 to 60) 1. Escalation Notification If the owner fails to transfer the Attachment subject to Complex Transfer within the initial thirty (30) calendar days, the requesting Attaching Entity shall send a certified letter notifying the non -compliant Attaching Entity that failure to transfer the Attachment within a subsequent thirty (30) calendar days (escalation period) of receipt of notice will result in the Attachment in question being designated by the City as non -compliant with the Complex Transfer Process and subject to penalty, as described in these standards, on the basis of interference with the requesting Attaching Entity's permitted Attachment rights. The requesting Attaching Entity shall send the City a copy of the escalation letter and all other correspondence between the parties related to this matter. 2. Duty to Negotiate The requesting Attaching Entity is required to continue negotiations with the non -compliant Attaching Entity during the thirty (30) calendar day escalation period. Absent extraordinary circumstances, the non- compliant Attaching Entity's failure to transfer the Attachment subject to Complex Transfer by the end of the thirty (30) calendar day escalation period shall be City of Georgetown Electric 68 considered a lack of cooperation on the part of the non- compliant Attaching Entity. Conversely, absent extraordinary circumstances, a refusal by the requesting Attaching Entity to agree to an alternative process for the transfer of the Attachment in question within a reasonable date certain shall be considered a lack of cooperation on the part of the requesting Attaching Entity. 3. Notice of Success Complex Transfer If the non -compliant Attaching Entity transfers the Attachment subject to Complex Transfer within the thirty (30) calendar day escalation period, or the requesting Attaching Entity transfers the Attachment by mutual agreement of the parties, no further escalation will be necessary. iii. Level 3: City Finding of Non -Compliant Attachments (Days 61 to 90) 1. Request for Finding of Non -Compliant Attachments If the requesting Attaching Entity and the non- compliant Attaching Entity cannot reach agreement and the non -compliant Attaching Entity fails to transfer the Attachment subject to Complex Transfer within the thirty (30) calendar day escalation period; the requesting Attaching Entity within five (5) calendar days thereafter shall notify the City in writing, provide a short summary of efforts to negotiate the rearrangement or transfer of the Attachment in question, and request the City to make a finding of Non -complaint Attachment on the basis of interference with the requesting Attaching Entity's permitted Attachment rights. The request shall explain why the requesting Attaching Entity believes the non- compliant Attaching Entity is acting in bad faith. 2. Notification of Non -Compliant Attachments Within ten (10) calendar days of receiving the request for a finding of non -compliant Attachments, the City will evaluate the request and if it finds the request credible; the City will: City of Georgetown Electric 69 1) Notify the non -compliant Attaching Entity by certified mail that the City has determined the Attachment subject to Complex Transfer is declared as "Non -compliant Attachment"; (2) The non -conforming Attaching Entity will begin accruing penalties as provided in Appendix F of these Standards until the non -compliant Attachment is transferred; and (3) the City will suspend the processing of the non- compliant Attaching Entity's Applications effective five (5) days after receipt of the certified letter. Thereafter, the non -compliant Attaching Entity will have fifteen (15) days in which to transfer the non- compliant Attachment and notify the City in writing in order to reinstate the processing of Applications. If the non -compliant Attaching Entity fails to transfer the non -compliant Attachment within the twenty (20) calendar day grace period, the non -compliant Attachment will be subject to further penalties and transfer as provided in Appendix F. The City will reinstate the processing of the non -compliant Attaching Entity's Applications upon receipt of written notification of the transfer of the non -compliant Attachment and the payment of all assessed penalties. 3. Duty to Negotiate. The requesting Attaching Entity is required to continue negotiations with the non- compliant Attaching Entity which owns the non- compliant Attachment during the twenty (20) calendar day grace period. 4. Notice of Transfer If the non -compliant Attaching Entity transfers the non- compliant Attachment within the twenty (20) calendar day grace period, or the requesting Attaching Entity transfers the non -compliant Attachment by mutual agreement of the parties, the moving party shall notify the City by electronic message, and the City shall reinstate processing of the non -compliant City of Georgetown Electric 70 Attaching Entity's Applications within twenty-four (24) hours of receiving payment of all outstanding penalties. S. Stop Processing Pole Attachment Applications If the City does not receive written notification of the transfer of the non -compliant Attachment by the end of the twenty (20) calendar day grace period, the City shall stop processing the non -compliant Attaching Entity's Applications pending further written notice of a successful transfer and the payment of all outstanding penalties. iv. Level 4: Transfer or Removal of Unauthorized Attachments (Days 91 and Beyond) 1. Notification of Failed Transfer If the parties fail to negotiate the successful transfer of the non -compliant Attachment, the requesting Attaching Entity shall promptly notify the City in writing of the failed attempt and explain the reasons for the unsuccessful transfer. 2. Notification of Transfer of Non -Compliant Attachments Following receipt of the notification of failed transfer, the City shall promptly proceed to transfer the non -compliant Attachment at the respective owner's expense. Following the transfer of the non -compliant Attachment, the City will provide written notification of the transfer to the non- compliant Attaching Entity within twenty-four (24) hours. the City shall reinstate processing of the non- compliant Attaching Entity's Applications within twenty-four (24) hours of receiving payment for the transfer cost and all outstanding penalties. 3. Notice of Transfer In the event the non -compliant Attaching Entity transfers the non -compliant Attachment, or the requesting Attaching Entity transfers the non- compliant Attachment, by mutual agreement of the parties, prior to the City's transfer efforts, the moving City of Georgetown Electric 71 party shall notify the City in writing. The non -compliant Attaching Entity shall be assessed a one-time fine as provided in APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES of these Standards. Thereafter, the City shall reinstate the processing of the non -compliant Attaching Entity's Applications within twenty-four (24) hours of receiving payment of all outstanding penalties. 10. Notice of Attachment Completion and Acceptance The Attaching Entity shall notify the City in writing by submitting the Completion of Attaching Entity Construction form, APPENDIX B5, within ten (10) calendar days following the acceptance by all Attaching Entities whose facilities were rearranged or transferred pursuant to Section IV (Simple Transfers) and/or Section IV (Complex Transfers) that all Make -Ready Communication Construction has been completed and accepted, and that the new Attachments and/or Overlashings and all Make -Ready Work are ready for the City to undertake Post -Construction Inspection. 11. Post -Construction Inspection a. Construction Subject to Inspection The City shall complete a Post -Construction Inspection of applicable Make -Ready Work at the Attaching Entity's expense within thirty (30) calendar days of receiving the Attaching Entity's notification set forth in Section IV the City will conduct the Post - Construction Inspections to evaluate compliance with the requested Notice to Proceed, Applicable Engineering Standards, or other design and installation requirements. Completion of a Post -Construction Inspection by the City shall not in anyway relieve any Attaching Entity or an Attaching Entity's insurers of any responsibility, duty, obligation, or liability under these Standards, any contractual agreement, or otherwise; nor does the City's ability to make Post -Construction Inspections relieve an Attaching Entity from its obligations to exercise due care in the installation of its Attachments or Overlashings. The Post - Construction Inspection provision set forth in this Section IVdoes not affect any other inspection requirements elsewhere in these City of Georgetown Electric 72 Standards. This Section also applies to supplemental Post - Construction Inspections where the Attaching Entity reports "final corrections" of previously identified non -compliant work or locations as described in Section IV below. b. Compliance In the event a Post -Construction Inspection conducted pursuant to Section IV reveals that corrections or other actions are required of an Attaching Entity, including without limitation those required for reasons of safety or structural integrity, the Attaching Entity shall make such required corrections or take the requested actions within thirty (30) calendar days after the date the City sends written notice. If the City determines in its reasonable judgment and discretion that the needed corrections rise to the level of an Emergency, the City may perform the necessary corrective work without providing notice, at the Attaching Entity's sole risk and cost plus ten -percent (10%). As soon as practicable thereafter, the City will advise the Attaching Entity of the work performed or the action taken. c. Issuance of Notice to Proceed Upon satisfactory completion of the Post -Construction Inspection, the City shall notify the Attaching Entity in writing that the City has approved the Attachments identified in the Application by submitting to the Attaching Entity a Notice to Proceed, a copy of which form is located in APPENDIX B4, for the affected facilities. J. COMPETITIVE PROVIDER - STANDARD PROCESS FOR OVERLASHING EXISTING ATTACHMENTS 1. Eligibility Default process for any Attaching Entity with a valid Pole Attachment Agreement that is a Competitive Provider engaged in Overlashing existing Attachments. 2. Application for Attachment Required All provisions of Section IV shall be applicable to Applications considered under the Standard Process for City of Georgetown Electric 73 Overlashing Existing Attachments, except as provided below: 1. An Attaching Entity may Overlash its own Attachments where the facilities comprising the Overlashing and Attachment do not exceed a combined total of three and one-half inches (3.5") in diameter, such Overlashing fully complies with the Applicable Engineering Standards, and no Make -Ready Electrical Construction is required. In such cases, the Attaching Entity shall provide the City with five (5) calendar days' prior written notice of the Overlashing and its compliance with the requirements set forth in this Section IV.F.2.a. 2. For Overlashing and Attachments that will exceed a combined total of three and one- half inches (3.5") in diameter, the City requires ten (10) calendar days' notice before installation and its compliance with the requirements set forth in Section IV.F.2.a. 3. An Attaching Entity shall be permitted to Overlash its own Attachments without prior written notice or submitting an Application to the City in the event such Overlashing is necessary to restore service temporarily to the Attaching Entity's customers and is in compliance with the Applicable Engineering Standards. In such cases, the Attaching Entity shall provide the City with written notice of the Overlashing with ten (10) calendar days of its completion. 4. Such notice as required in Section IV.F.2.a, Section IV.F.2.b, and Section IV.F.2.c above will be provided using the City Application for Pole Attachment Form, provided in APPENDIX B1. APPLICATION FOR POLE ATTACHMENT and shall identify: S. Application Form specifying the Poles and Attachments subject to Overlashing; 6. Total diameter and estimated weight of the existing Communications Facilities subject to Overlash; City of Georgetown Electric 74 7. Diameter and estimated weight of the added Communications Facilities; 8. Owner of the Communication Facilities; 9. Total estimated diameter and weight of the Communications Facilities after the Overlash; 10. Applicable PLA documents, and 11. Applicable Make -Ready Electrical Construction engineering design documents, if any. 3. City Review of Application All provisions of Section IV shall be applicable to Applications considered under the Competitive Provider - Standard Process for Overlashing Existing Attachments, except as provided below: 1. Where no Make -Ready Electrical Construction is required, the City shall review and provide written Notices to Proceed in accordance with the provisions of Section IV.F.2.a and Section IV above. 2. Where Make -Ready Electrical Construction is required, the provisions of Section IV shall apply. 4. Make -Ready Electrical Construction If required, all provisions of Section IV shall be applicable to Make -Ready Work Electrical Construction for Applications considered under the Competitive Provider - Standard Process for Overlashing Existing Attachments. S. Make -Ready Communication Construction - One Touch Transfers If required, all provisions of Section IV shall be applicable to Make -Ready Communications Construction for Applications considered under the Competitive Provider - Standard Process for Overlashing Existing Attachments regarding One -Touch Transfers. 6. Make -Ready Communication Construction - Complex Transfers. If required all provisions of Section IV shall be applicable to Make -Ready Communications Construction for Applications considered under the Competitive Provider- Standard Process for Overlashing Existing Attachments regarding Complex Transfers. City of Georgetown Electric 75 7. Notice of Attachment Completion and Acceptance. All provisions of Section IV shall be applicable to Notice of Attachment Completion and Acceptance for Applications considered under the Competitive Provider -Standard Process for Overlashing Existing Attachments. 8. Post Construction Inspection. All provisions of Section IV shall be applicable to Post Construction Inspection for Applications considered under the Competitive Provider - Standard Process for Overlashing Existing Attachments. City of Georgetown Electric 76 SECTION V APPENDIX A: ENTITY REGISTRATION AND ANNUAL REPORTING FORM The Entity Registration and Annual Form to be provided with eTrack +, the City's current application software platform. Entity will be asked to update following contact information each year, or as needed. Required information includes contact information for: 1. Contract and Legal Notices 2. Contact for Insurance Notices 3. Contact for Annual Billing for Rental Payments and General Invoicing 4. Contact for Field Issues and Emergencies S. Contact for Dispute Escalation The form will also require provision for a list of new attachments, non- functional attachments, and removed attachments performed in the respective year, description of attachment (New or Overlash), and Date of Attachment. This will used in support of the issuance of the Annual Rental Invoice. City of Georgetown Electric 77 APPENDIX B: APPLICABLE POLE ATTACHMENT APPLICATIONS AND FORMS Bl. APPLICATION FOR POLE ATTACHMENT Applications are provided and processed through the eTrack + platform. Access to this form will be granted upon registration and approval of access by the City. B2. AUTHORIZATION FOR MAKE READY WORK AND INVOICING Once an application has been determined to require make ready work, the Attaching Entity will confirm this within the eTrack + platform. The attaching entity will confirm in the portal with the utility if the work will commence prior to engineering and construction work respectively. Make Ready Engineering will be authorized within the platform. Fees for Make Ready Engineering will be charged and paid within the platform, unless otherwise an alternative method is mutually agreed upon between the City and the Attaching Entity. Make Ready Construction will be authorized within the platform and the Attaching Entity will be provided a Cost Estimate Letter. Cost for Make Ready Construction will be derived from the design, charged outside of the platform, and will be provided via an invoice prepared by the City once authorization is approved by Attaching Entity. The invoice will be due within 30 days of issuance. If payment is not received within 30 days, the invoice will be cancelled. If the Attaching Entity wishes to proceed with the project past the initial 30-day period, they will be provided a new invoice but is subject to price changes at the time a new cost estimate is generated. No material procurement or construction scheduling shall occur until all outstanding fees are paid in full in relation to that project. City of Georgetown Electric 78 Georgetown Electric Utility GEORGETOWN 7 I x A % niorr than urlcomr Date: To: Name: Company (if applicable): Mailing Address: Subject: Request for Acknowledgement of 90% Design Plans and Cost Estimate Dear Georgetown Electric Utility has completed the 90%design plans for the proposed electric service project at . We are also providing the associated proposed Cost Estimate(s) for your review. Please sign and return this acknowledgement to confirm that the 90%design plans and the proposed cost estimate(s) meet your expectations and that you are in agreement with the scope, layout, and preliminary costs as presented. Once received, we will proceed with the final design phase and coordination of next steps. Unless requested, at this time you will only be receiving an invoice based on Cost Estimate #1 and payment is due Net 30. Once payment is received, design will be finalized and Cost Estimate 11112's invoice will be sent. Additionally, to ensure timely processing and billing, please provide the contact information of the individual or entity responsible for payment of all charges related to this project, using the format below: Responsible Party for Payment: Company (if applicable): ATTN: Mailing Address: Phone Number: Email Address: If you have any questions or require clarifications, please feel free to contact us at electricengineering@georgetowntexas.gov. Signature Thank you for your cooperation. Sincerely, Electric Engineering Georgetown Electric Utility (512)930-6102 alex.spinnc@georgetowntexas.gov City of Georgetown Electric 79 B3. REQUEST FOR TEMPORARY ATTACHMENT If Attaching Entity wishes to to attach temporarily to City poles, the following form must submitted along with an application in the City's application portal. Approvals are subject to the City's discretion. The City may require documentation to support the request. -?-0- G EORG ETOW iti T t \ A , Request for Temporary Attachment Submit form to poleattachmentsageorgetowntexas.gov Subject Line: Request for Temporary Attachment Attaching Application Number: Entity •Aovided in eTrace Date Temporary Attachment Requested: Requestor Name E-mail Address Company Phone Number Cell Number Type of Temporary Attachment & Location (Pole #) Project Location: New Attachment: Other: Approval by City By: Printed Name: Title: Date: City of Georgetown Electric 80 B4: NOTICE TO PROCEED A notice to proceed will be issued upon the confirmation of the inspection date provided by the Attaching Entity. 4_�_ - GEORGETOWN I t \ \ ti Licensee Project Owner j icencaa Address of Licensee NOTICE TO PROCEED Location: Project Description: CITY OF GEORGETOWN I:LEcmc UTILrrr Ell ... I \r_-':-FRING Georgetown Electric Utilitv hereby grants (Licensee), otherwise known as the Licensee. the ability to proceed ,with the make-ready portion of attachment to City facilities for distribution build -out for the above referenced permit. The licensee, in conjunction \vith any necessary de-energization. will investigate any additional information if so required. The Licensee will also coordinate \\•ith the Georgetown Electric Engineering group, and the assigned inspector to facilitate any additional necessan• communications with Ciri• sen•ices. All make-ready work related to this project must be completed within 90 days of issuance of this Notice to Proceed. All work must be completed by (l)iLLV'.0\h7. Upon completion of construction: please notify the Engineering group that the construction is complete and it tea • for post -construction inspection. If there are any additional inquires or questions, please contact the Pole Attachments Team at poleattachments !? georgetowntelas. Rov. Regards, Georgetown Pole Attachment Team City of Georgetown Electric 81 B5. COMPLETION OF ATTACHING ENTITY CONSTRUCTION Upon completion of Attaching Entity Construction, Attaching Entity is to submit the updated form within the Application Portal and provide an inspection date for City to conduct an inspection. G EORG ETOW N T f \ A CMf OF GFORGFTOWN Eu POLE Completion of Attaching Entity Construction Submit form to poleattachmentsg'georgetowntexas.gov Subject Line: Construction Completion Attaching Application Entity Number Reported by Name E-mail Address Company Phone Number Cell Number Type and Date of Completed Construction odentity fheiype of Construction and tilt the date work was com sled Date Make -Ready Communication Construction Completed Are all r Party Attachments Successfully Transferred Yes 11 No Received by City By Printed Name Title Date City of Georgetown Electric 82 B7: NOTICE OF UNAUTHORIZED ATTACHMENT G EORG STOW N t \ A Crry of G>:o>tc;Eno%%•v EtEcTRIC Dram- P011 ArrAcFnlf\-rs Notice of Unauthorized Attachment Attaching Entity Primary Contact Idle Address Phone Email Pursuant to the City of Georgetown Pole Attachment Standards (Standards), the following Unauthorized Attachments have been identified on City Facilities: Pole Number Description of Unauthorized Attachment Approximate Date Discovered Unauthorized Attachment Charge S S S S S If you believe this finding of an Unauthorized Attachment is incorrect, you may dispute this with forty- five (45) calendar days pursuant to Section II. I. 6. By providing the Cj4, a copy of either (1) Permit for Attachment or (2) an approved Application from the City of Georgetown which covers the installations described above. If you do not dispute this finding within forty-five (45) calendar days upon receipt of this Nonce of Unauthorized Attachment, you must submit for the Application for the aforemennonedpoles, the unauthorized attachment charge as noted above and invoiced. Inquiries related to this notice shall be made to City of Georgetown For City Use Pole Attachments By: 300-1 Industrial Ave. Printed Name: Georgetown, TX 78626 TnIe: Date Signed: City of Georgetown Electric 83 B8: NOTICE OF SAFETY VIOLATION C941 - GEORGETOWN Notice of Safety Violation Crry of GEoxcEro,.ti-; Et.ernuc Uru T PotE ArrAc>v�¢.N-rs Date Issued Attaching Entity Primary Contact Title Address Phone Email Pursuant to the City of Georgetown Pole Attachment Standards (Standards), the City has identified the following Safety Violations) on Attachments or Oyertashtrig owned by the Attaching Entity referenced above. Pole Number Description of Safety Violation Approxima to Date Discovered Pursuant to Section II.K. of the Standards, you are hereby given notice that you are required to correct the above referenced Safety Violation(s) within five (5) calendar days of issuance of this Notice of Safety Violation. Failure to correct the above referenced Safety Violations) within five (5) calendar days of the issuance of this Notice of Safety Violation will be subject to the above referenced Attaching Entity to enforcement actions and other remedies available to the City of Georgetown under the Pole Attachment Agreement or the Standards. Inquiries related to this notice shall be made to: For City Use City of Georgetown By: Pole Attachments Printed Name: 300-1 Industrial Ave. Title: Georgetown, TX 78626 Date Signed: City of Georgetown Electric 84 B9: NOTICE OF SAFETY VIOLATION CHARGE GEORGETOWN Notice of Safety Violation Charge CTry of GEoRG;Em% ?, ELEc liuc U'TT in- Pou AT'racl-B E.1,7S Date Issued Attaching Entity Primary Contact Title Address Phone Email Pursuant to the City of Georgetown Pole Attachment Standards (Standards), the following Safety Violation(s) on Attachments or Gverlashing owned by the Attaching Entity referenced above and is levying Safety Violation Assessment Charges as shown below Pursuant to Section II.K. of the Standards, you may dispute such Safey Violation Assessment Charges Pole Number Description of Safety Violation Approximate Date Discovered Safety Violation Charge S S S S S within fifteen (15) calendar days of the City's issuance of this Notice of Safety Violation Assessment Charge (Notice) Failure to dispute the Safety Violation Assessment Charges shown above within fifteen (15) calendar days of the issuance of this Notice, shall result in the Attaching Entity named above i the charges shown above in full within forty-five (45) calendar days of the issuance of this Notice. Failure to pay timely for the Safety Violation Assessment s)laigl: shall subject the above referenced Attaching Entity to enforcement actions and other remedies available to the City of Georgetown under the Pole Attachment Agreement or the Standards Inquiries related to this nonce shall be made to: City of Georgetown By: •••••• For City Use Pole Attachments 300-1 Industrial Ave. Printed Name: Georgetown, TX 78626 Title: Date Signed: City of Georgetown Electric 85 B10: NOTICE TO REMOVE ATTACHMENT(S) (AESTHETIC OR CIVIC PROJECTS) G EORGETOW N I t \ � Notice to Remove Attachment(s) Aesthetic or Civic Projects Crn' OF GEORGETOWN Eucnuc Ilium Pot- ATIACmff-\Ts Project Name Date Issued Attaching Entity Primary Contact Title Address Phone Email Pursuant to the City of Georgetown Pole Attachment Standards (Standards), the Ci4, is pursuing a Civic Project. The City of Georgetown reserves the right to remove any Attachments at the Attaching Entity's expense without liability to the City if the owner fads to remove its facilities. Project Project Name and Description Remove by Number Date Pursuant to Section 111.B.4 of the Standards, you are hereby given notice that you are required to remove the above referenced facilities(s) within forty- five (45) calendar days of issuance of this Nonce to Remove Attachment(s)- Failure to remove the above referenced facilities within fQf1h-five (45) calendar days of issuance of this Nonce to Remove Attachment(s) will be subject to the above referenced Attaching Entity to enforcement actions and other remedies available to the City under the Pole Attachment Agreement or the Standards. Inquiries related to this notice shall be made to City of Georgetown For City Use Pole Attachments By: 300-1 Industrial Ave. Printed Name: Georgetown, TX 78626 Title: Date Signed: City of Georgetown Electric 86 B77: NOTICE TO REMOVE ATTACHMENT(S) (CUSTOMER REQUESTED UNDERGROUND RELOCATION) Crry of GEORGETO N G EORG E TOWN >LEcnuc UTniTy POU ATTACHMENT, Notice to Remove Attachment(s) Customer Requested Underground Relocation Project Name Date Issued Attaching Entity Primary Contact Title Address Phone Email Pursuant to the City of Georgetown Pole Attachment Standards (Standards), the City has undertaken a Customer Requested Underground Relocation project. The City of Georgetown reserves the right to remove any Attachments at the Attaching Entity's expense without liability to the City if the owner fails to remove its facilities. Project Project Name and Description Remove by Number Date Pursuant to Section 111.8.4 of the Standards, you are hereby given notice that you are required to remove the above referenred facilities(s) within thirty (30) calendar days of issuance of this Notice to Remove Attachment(s). Failure to remove the above referenced facilrties within fib -five (45) calendar days of issuance of this Notice to Remove Attachment(s) will be subject to the above referenced Attaching Entity to enforcement actions and other remedies available to the City under the Pole Attachment Agreement or the Standards. Inquiries related to this notice shall be made to City of Georgetown For City Use Pole Attachments By: 300-1 Industrial Ave. Printed Name: Georgetown, TX 78626 Title: Date Signed: City of Georgetown Electric 87 B12: NOTICE TO REMOVE ATTACHMENT(S) (UNDERGROUND RELOCATION) GEORGETOWN f t \ A � Notice to Remove Attachment(s) Underground Relocation Lin or GioRGEro%N ELEc Ric Uru.rry Pots AT-rACms-NTs Project Name Date Issued Attaching Entity Primary Contact Idle Address Phone Email Pursuant to the City of Georgetown Pole Attachment Standards (Standards), the Ciry has undertaken a Underground Relocation project. The City of Georgetown reserves the right to remove any Attachments at the Attaching Entity's expense without liability to the City if the owner fails to remove its facilities. Project Project Name and Description Remove by Number Date Pursuant to Section III.B.4 of the Standards, you are hereby given notice that you are required to remove the above referenced facilities(s) within sixty (60) calendar days of issuance of this Notice to Remove Attachment(s). Failure to remove the above referenced facilities within 60 (601- calendar days of issuance of this Notice to Remove Attachments) will be subject to the above referenced Attaching Entity to enforcement actions and other remedies available to the C!ty under the Pole Attachment Agreement or the Standards. Inquiries related to this notice shall be made to: City of Georgetown I For City Use Pole Attachments By: 300-1 Industrial Ave Printed Name: Georgetown, TX 78626 Title: Date Signed: City of Georgetown Electric 88 APPENDIX C: SPECIFICATIONS FOR ATTACHMENTS The following engineering and construction specifications practices will be followed by the Attaching Entity when making Attachments, Wireless Installations or Banner Attachments to City pole structures, as appropriate. The items listed below are not an exhaustive list, and are intended to supplement, not replace the National Electrical Safety Code (NESC) or other Applicable Engineering Standards required by the Pole Attachment Agreement, Wireless Installation Agreement, Banner Attachment Agreement, City Pole Attachment Standards, or other applicable City standards and specifications. 1. Attachment and Cable Clearances: Attaching Entity's Attachments on City Poles, including metal attachment clamps and bolts, metal cross -arm supports, bolts and other equipment, must be attached so as to maintain the minimum separations specified in the National Electrical Safety Code (NESC) and in the City drawings and standards. The City adopts and requires Attaching Entity's compliance with revisions of the NESC upon adoption by NESC of those revisions. Compliance with NESC sections pertaining to overhead communication lines will be stringently enforced by the City. 2. Sag and Mid -Span Clearances: Attaching Entity will leave proper sag in its lines and cables and shall observe the established sag of power line conductors and other cables so that minimum clearances are (a) achieved at Poles located on both ends of the span; and (b) retained throughout the span. At mid -span, a minimum of four inches (4") of separation must be maintained between any other communication cables. At the Pole support, a twelve inch (12") spacing must be maintained between Attaching Entity's connection and any other Attaching Entities connection. 3. Vertical Runs on Poles: All vertical runs on Poles, including those for power feed for TV amplifiers, shall be placed on the quarter faces of the Pole and shall be covered by a riser guard with a two-inch (2") clearance in any direction from cable, bolts clamps, metal supports and other equipment. The riser guard must not cover or obstruct any City identification tags on the pole. However, Attacher may request the City to relocate the City identification tags at the Attacher's expense and subject to the City's sole discretion. City of Georgetown Electric 89 4. Cable Bonding: An Attaching Entity's Messenger cable shall be bonded to the City Pole ground wire at each City Pole that has a ground wire. S. Down Guys and Anchors: a. Down guys shall not be bonded to ground or Neutral wires of the City Pole and shall not provide a current path to ground from the Pole ground or power system Neutral. b. All Attaching Entities shall provide their own anchors. Under no circumstances is the Attaching Entity allowed to attach its guy to a City anchor. Attaching Entity's anchors shall strive to be a minimum of four (4) feet from the City anchor. c. No Attachments may be installed on a Pole until all required guys and anchors are installed. No Attachment may be modified, added to, or relocated in such a way as will materially increase the stress or loading on a Pole until all required guys and anchors are installed. d. Anchors and guys must be installed on each Pole where an angle or dead-end occurs. Attaching Entity shall make guy attachments to Poles at or below the height of its cable Attachment. 6. Service Drop Clearance: The parallel minimum separation between an Attaching Entity's Service Drops and telephone Service Drops shall be six inches (6"), and the crossover separation between the drops shall be twelve inches (12"). 7. Service Clearances: A four -inch (4") separation shall be maintained between the City's service cable and any other Attaching Entities facilities located on the customer's private property in accordance with the National Electric Code (NEC). 8. Climbing Space: All Attachments must be placed as to allow and maintain at all times, a clear and proper climbing space on the face of the City Pole. Cable Attachments shall be placed on the same side of the Pole as existing telephone or communication cables. In general, all other facilities and vertical runs should be placed on Pole quarter faces. 9. Riser Installations: All Riser installations, including those providing 120/240 volt power for Attaching Entity's equipment enclosure shall be placed on the quarter faces of a Pole and limited such that one side (180 degrees) of the pole is kept clear for climbing space and future replacement of the pole and must be installed in the City approved conduit with a weatherhead attached to the Pole with metal stand-off City of Georgetown Electric 90 brackets. Communication cable Risers shall be located on the same side of the pole as the overhead communication cables are attached and must not cover or obstruct any City pole identification tags on the pole. However, Attacher may request the City to relocate the City identification tags at the Attacher's expense and subject to City sole discretion. Ground wires may be attached directly to the Pole. There shall be forty (40") inch separation from the top of an electric Riser to the highest communication line. 10. Identification: All Attaching Entity's Communication Facilities, including all cable, shall be identified with Tags as required by these Standards and described in Appendix G. 11. Telecommunication Cables: All telecommunication cables not owned by the City shall be attached within the Communication Space that is located no less than forty inches (40") below the lowest power. 12. Communication Worker Safety Zone: The Communication Worker Safety Zone between Communication Facilities and supply facilities on the same Pole extends horizontally out to the boundaries of the climbing space and working space as described in the NESC. The Communication Worker Safety Zone is measured vertically from the level of the closest surface of the Communication Facility to the level of the closest surface of the electrical supply facility. The required clearance of the Communication Worker Safety Zone is measured vertically between the levels of the equipment involved. Stand-off bracket installation will not be allowed to meet the forty inch (40") clearance requirement. No mounting brackets are permitted in the Communication Worker Safety Zone. 13. Platforms: Communication Facilities/Attachments must dip underground one Pole before and one Pole after on all City Platforms for step-down and voltage- regulator banks. 14. Power Supply: Attaching Entity shall install no power supply on any City Pole on which underground services, capacitor banks, sectionalizing equipment, voltage -regulators, or other City equipment is already installed. 15. Disconnect or Breaker. No electrical service connection to a communication power supply shall be made or installed by Attaching Entity until the City shall have completed an inspection of an approved City of Georgetown Electric 91 fused service disconnect or circuit breaker installed by the Attaching Entity. 16. Relocating Attachments: When moving an Attachment from one location to another, Attaching Entity shall immediately treat all affected holes left in the Pole with industry- acceptable wood preservative and plug all holes left by such Attachments. 17. Bolts: No bolt used by Attaching Entity to attach its Communication Facilities shall extend or project more than one inch (1") beyond its nut. 18. Workmanship: Attaching Entity shall install and maintain any and all of its Communication Facilities in a neat and workmanlike manner consistent with the maintenance of the overall appearance of the Pole as determined by the City in its sole discretion. 19. Attachment Arm: All Wireline Attachments shall be installed without the use of Attachment Arms, extension arms, stand-off brackets or similar hardware, unless otherwise approved in advance by the City for each Pole. The proposed use of Attachment Arms, extension arms, stand-off brackets or similar hardware by an Attaching Entity shall be identified on the Application for Attachment. APPENDIX D: VERTICAL CLEARANCE TABLE NESC 2023 — COMMUNICATION WIRE VERTICAL CLEARANCE TABLE Rules 232. 233, 234; 235 1 Mininium cleat ances for communication conductors I All values in feet unless noted Track rails — non -electrified railroad 27 27 27 27 27 232A1 Track rails — electrified railroad (trolley) 27 27 27 27 27 232A2 Roads, streets & areas subject to truck traffic 18 18 18 18 18 232B Driveways / parking lots (passenger vehicles only) 14.5 14.5 14.5 14.5 14.5 232B City of Georgetown Electric 92 Pedestrian -only spaces / ways 10 10 10 10 10 232C Spaces accessible to vehicles 5 8 ft tall only 14.5 14.5 14.5 14.5 14.5 232C I Slopes not suitable for cultivation 10 10 10 10 10 ( 232D (no equipment access) Agricultural / orchard / vineyard 12.5 12.5 12.5 12.5 12.5 232D/E and Agricultural land with grain / 18 18 18 18 18 232E cultivated crops Water— boats < 20 ft mast height 17.5 17.5 17.5 17.5 17.5 232F1 Water— boats 20-100 ft mast 20 20 20 20 20 232F2 height Water —commercial navigation (navigable waterways)* See Note 1 See Note 1 I See Note 1 See Note 1 See Note 1 232F3 0 — 750 V 6 6 4 No 233A Open wire, cable, fiber 751 V — 8,700 V (8.7 kV) 12 12 6 No 233A Open cable, fiirree, I 8,701 V—15,000 V (15 kV) 12 12 6 Yes 233A Open wire, cable, fiber 15,001 V— 25,000 V (25 kV) 24 24I 12 Yes i 233A Open wire, cable, fiber 25,001 V — 46,000 V (46 kV) 24 24 12 Yes 233A Open wire, cable, fiber 46,001 V — 72,500 V (72.5 kV) 24 24 12 Yes 233A ( Open wire, cable, fiber 72,501 V — 121,000 V (121 kV) 48 48 24 Yes 233A Open wire, cable, fiber 121,001 V—145.000 V (145 kV) 48 48 24 Yes I 233A Open wire, cable, fiber 145,001 V — 169,000 V (169 kV) 60 60 30 Yes 233A Open wire, cable, fiber 169,001 V — 242,000 V (242 kV) 72 72 36 Yes 233A Open wire, cable, fiber 242,001 V — 362,000 V (362 kV) 96 96 48 Yes 233A Open wire, cable, fiber Roofs accessible to pedestrians 8 — 3 Yes 234A1 All comm. conductors Roofs not accessible to — 3 No 234A2 All Comm. pedestrians conductors City of Georgetown Electric 93 Al comm. Sides / projections of buildings — 3 3 — 234B conductors Bridges — pedestrian 14.5 — — Pedestrian 234C1 All comm. conductors Bridges — vehicular (road traffic) 18 — — Vehicular 234C2 All Comm. conductors All Comm. Bridges — railroad 27 — — Rail 234C3 conductors Swimming pools (vertical above 22.5 10 — Public 234D All comm. water)** conductors Swimming pools (horizontal from — 10 — Public 234D All Comm. edger conductors Signs, chimneys, tanks, other All comm. structures — 3 3 — 234E I conductors Open -wire comm, to open -wire I comm. (same owner) 6 i 6 Yes j N 235A Open wire Open -wire comm. to open -wire comm. (different owner) 12 12 Yes C 235A Open wire Open -wire comm. to cable / fiber 6 6 Yes N 235B Mixed (any ownership) Cable / nper to cable /fiber (any owersh 2 2 Yes N 236B Cable / fiber P) Comm. conductors crossing 27 — Yes B 235C All comm. railroad tracks Comm. conductors crossing navigable waterways* 20 — Yes B 235C All comm Notes & References — • Note 1(*): For navigable waterways subject to commerce, clearance shall be as determined by the authority having jurisdiction (U.S. Army Corps of Engineers, USCG, or applicable regulatory body). No minimum is specified in the NESC itself. • Note 2(**): Swimming pool clearances apply within 10 ft horizontally of the pool edge, pool deck, or diving structure (Rule 234D). Both vertical and horizontal clearances must be satisfied simultaneously. • Note 3: Fuel storage/dispensing equipment clearances may be further restricted by local fire codes or NFPA 30/30A— always verify with the authority having jurisdiction. • Note 5: Grades of Construction: Grade B (highest) applies to crossings of railroads and major highways; Grade C applies to crossings of roads; Grade N/C (Normal/Construction) applies to general spans. Refer to Rules 230-260 for full applicability. • Note 6: Communication conductors include but are not limited to: telephone, telegraph, cable TV (CATV), fiber optic (in cable sheath), data circuits, and similar low -energy circuits as defined in Rule 230. • Note 7: This table is a summary reference only. Always consult the full 2023 NESC text for complete rules, exceptions, special conditions, and applicable footnotes. • Source: IEEE/ANSI C2-2023, National Electrical Safety Code (NESC), 2023 Edition. IEEE, New York, NY. Clearance Adders: The vertical clearances required by the NESC are the absolute minimum clearance allowed by the City in order to issue a Notice to Proceed. To ensure that NESC clearances are met under all reasonably City of Georgetown Electric 94 anticipated circumstances, the City may require additional tolerances for movement and variances in construction to be added to the NESC requirements on a per pole basis. APPENDIX E: POLE LOADING REQUIREMENTS It is the determination of the City that pole attachments can have a significant wind loading and stress effect on a pole and can cause overloading. Therefore, nothing should be attached to a pole that is not engineered to be there in advance. 1. Engineering and Planning Qualifications: Any Pole Loading Analysis (PLA) submitted as part of the Application package shall be signed and sealed by a licensed Professional Engineer approved by The City, either on a cover sheet, or on each Poles' respective PLA report. 2. PLA Submittal Requirements: Attaching Entity shall submit PDF copies of the full PLA report for each pole identified as requiring a PLA study pursuant to this APPENDIX E: POLE LOADING REQUIREMENTS. Acceptable software for use of PLA will be OCALC, unless otherwise approved by The City. 3. Pole Loading Parameters: PLA is to be performed in accordance with the requirements of medium wind and ice loading requirements as described the current version of the National Electric Safety Code (NESC). PLA Grade Requirements shall be as follows: • Single Circuit: NESC Grade C unless required to be Grade B by the current version of the NESC. Double Circuit: NESC Grade C unless required to be Grade B by the current version of the NESC. The City may require Grade B design at "critical" double circuit areas. The City's construction standards require that the electrical wire tensions will be set per NESC Section 261.1-11.b at 35% of the rated breaking strength of the conductor (Maximum Design Tension), unless otherwise required for reduced tension spans; in which case, sag tables shall be required. The City's construction standards require that the total usage of the Pole based on the available ground line moment capacity of the Pole shall not be greater than 90% after all loadings have been applied to the existing or new City Pole. Any Pole exceeding 90% capacity shall be replaced with a Pole that will pass the 90% usage capacity requirement. 4. Required Conditions for PLA: The City will require PLA for all poles. City of Georgetown Electric 95 5. Reserved Capacity for Proposed Pole Change Outs: The City shall require Reserved Capacity (beyond the required to pass pole capacity of 90%) for any new or replaced Pole as follows: • Single Circuit: five percent (5%) • Double Circuit: fifteen percent (15%) • Hollow composite Pole: fifteen percent (15%) 6. Pole Loading Analysis Time Limitations: PLA analysis shall be valid for a time period of no longer than six (6) months from the time of Application submission. After this six (6) month period, a new PLA analysis will be required. 7. Exceptions to PLA Requirements: The City will not require PLA for the following conditions: • When Overlashing a 144-strand or smaller diameter and weight fiber optic or other cable • When placing a fiber optic cable in an existing aerial inner duct 8. Review of PLA: City will review the PLA submitted by the Attaching Entity and return any questions or comments that City may have concerning the PLA, or will give its approval with no comments. The Attaching Entity shall adequately answer all questions and concerns City has prior to City giving final approval. Should City not approve of the responses by the Attaching Entity, additional reviews shall be required. City of Georgetown Electric 96 APPENDIX F: SCHEDULE OF POLE ATTACHMENT RATES, FEES, AND CHARGES The City uses the current FCC formula applicable to providers of telecommunications services. The City reserves the right to adjust this Schedule of Pole Attachment Rates, Fees, and Charges in accordance with any changes in the FCC formula delineated below, and with updated City cost information. The Application Fee does not cover back office engineering services and field inspection work provided by the City or its contractor's part of the Application review process. All listed fees subject to annual adjustment Fee Description Cost Per One -Time Application Fee Review of Application including map $134.00 Attachment Reinspection Fee Review of PLA; PLA Provided by Attaching Entity $117 Attachment Make Ready Engineering Fee Non-refundable; includes design for make ready work $350 Pole Make Ready Construction Cost of construction portion of make ready work Per Estimate Project Annual Pole Attachment Fee Multiplied per Attachment per City Pole. Does not include overlashed attachments $16.50 Attachment Unauthorized Attachment Fee multiplied per day, per Attachment, until complete application is submitted for Attachment $45.00 Attachment Failure to Transfer/ Remove Facilities Fee multiplied per day, per pole, after notice period expires $15.00 Pole Safety Violation Charge $500.00 Safety Violation Tracing Line In the event an $150.00 for first Hour Ownership attachment is hour; $100 for Fee untagged and the every subsequent City must determine hour owner to amend an issue at a City pole with needed aid from a Attaching Entity APPENDIX G: CITY OF GEORGETOWN POLE ATTACHMENT TAG LIST AND DETAIL 1 AT&T 2 CenturyLink 3 Frontier 4 Fiberlight/Level 3 Communications 5 Grande/Astound 6 MCI-Verizon 7 Millennium Telcom g Optimum q Williamson County 10 City of Georgetown (COG Fiber) 11 Metronet 12 Hotwire Future Attacher IDs to be Designated by COG For the purposes of Tagging an Attachment, Overlash or Wireless Installation (including a Mid- Span Installation), the City requires the use of a Tag placed within twelve inches (12") of a Pole on the wires and cables, coded by number, color, or other means that will readily identify the owner of the Attachment at a Pole from ground level. The Tag shall be as specified or consistent with accepted communication industry standards or other Attaching Entity supplied tag approved in writing by the City, provided the Tag is made of materials which are weather, corrosion, and Ultraviolet (UV) resistant City of Georgetown Electric 99