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CATV LICENSE AGREEMENT FOR POLE ATTACHMENTS
AND/OR CONDUIT OCCUPANCY IN THE STATE OF MARYLAND
DATED .
BETWEEN
VERIZON MARYLAND INC.
AND
. .
(LICENSEE)
PLR:
CONTENTS
ARTICLE PAGE
I Definitions 4
II Scope of Agreement 5
III Fees, charges, and Price Schedule 6
IV Billing 7
V Specifications 8
VI Legal Requirements 9
VII License Applications 9
VIII Inspection and Make-Ready Work 10
IX Construction and Maintenance of
Communications Facilities 13
X Others Poles 15
XI Unauthorized Attachment or Occupancy 16
XII Non-Discrimination 16
XIII Liability and Damages 17
XIV Insurance 18
XV Bond 19
XVI Authorization Not Exclusive 20
XVII Assignment of Rights 20
XVIII Failure to Enforce 20
XIX Termination of Licenses or Agreement 20
XX Removal of Facilities 21
XXI Term of Agreement 22
XXII Notices 22
XXIII Governing Law 22
XXIV Supersedure of Previous Agreement(s) 23
XXV Arbitration 23
XXVI Reasonable Conduct 24
APPENDIX
I Schedule of Fees and Charges
II Administrative Forms and Notices
III Construction Unit Prices
IV Engineering Unit Prices
V List of Approved Contractors
VI Post Construction Engineering of Already-
Constructed Facilities and Rebuilds
EXHIBIT
A Map of General Area
CATV LICENSE AGREEMENT
THIS AGREEMENT, executed this day of 2005 , between Verizon Maryland Inc., a corporation organized and existing under the laws of the State of Maryland, having its principal office in the City of Baltimore, hereinafter called Verizon MD, and organized and existing under the laws of the State of
. . having its principal office in the City of . , hereinafter called Licensee;
W I T N E S S E T H:
WHEREAS, Licensee proposes to furnish communications services in (general description of area)
; as shown in Exhibit “A” which is attached hereto and made a part hereof: and
WHEREAS, Licensee desires to place and maintain aerial and/or underground communications facilities within the area described above and desires to place such communications facilities on poles or in the conduit system Verizon MD; and
WHEREAS, Verizon MD is willing to permit the placement of said communications facilities on or within Verizon MD’s facilities under the conditions described below;
WHEREAS, this Agreement is intended to provide a structure and an incentive for the parties to perform their respective work efficiently and economically.
NOW THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties do hereby mutually covenant and agree as follows:
ARTICLE I - DEFINITIONS
As use in this Agreement, the following terms shall have the following meanings:
A) Anchor - An assembly (rod and fixed object or plate owned solely or in part by Verizon MD), designed to
resist the pull of a guy strand.
B) Conduit - A structure, usually underground, containing one or more ducts.
C) Conduit Occupancy - Occupancy of a conduit system by any item of Licensee’s communication facilities.
D) Conduit Section - Conduit between two adjacent manholes or between a manhole and an adjacent pole or
other structure.
E) Conduit System - Any combination of duct conduits, handholds, and vaults joined to form an integrated
whole, which is owned solely or in part by Verizon MD.
F) Duct or Inner-Duct - A single enclosed raceway for wire conductors or cables.
G) Guy Strand - A metal cable attached to a pole and anchor (or another pole) for the purpose of increasing
pole stability.
H) Joint Owner - A person, firm, corporation or other legal entity sharing ownership of a pole and/or anchor
with Verizon MD.
I) Joint User - A joint owner or other party which may attach to a pole, anchor or occupy a conduit either
solely or partially owned by Verizon MD, in return for granting Verizon MD equivalent right or
attachment or occupancy to poles, anchors and/or conduit which it owns, either solely or partially.
J) Licensee’s Communications Facilities - All facilities, including but not limited to cables, equipment, associated
hardware owned and utilized by Licensee which are attached to a pole, anchor or occupy a conduit system.
K) Manhole - A subsurface enclosure which personnel may enter and use for the purpose of installing, operating and
maintaining communications facilities. In no event shall Licensee be permitted to open Verizon MD’s manholes without a Verizon MD representative on site.
L) Make-Ready Work - All work, including but not limited to, addition, rearrangement and/or transfer of existing
facilities, replacement of a pole, construction of or addition to the conduit system or other changes required to
accommodate Licensee’s communications facilities on a pole, anchor or in a conduit system. In a conduit system,
make-ready work shall include all work necessary to provide a clear duct with pull wire.
M) Pre-Construction Engineering - All work required, including field inspection and administrative processing, to
determine the make-ready work necessary to accommodate Licensee’s communications facilities on a pole, anchor,
or in a duct.
N) Pole - A pole jointly or solely owned by Verizon MD or hereafter administrated by Verizon MD under
agreement in the of Maryland.
O) Pole Attachment - Any item of Licensee’s communications facilities affixed to a pole.
ARTICLE II - SCOPE OF AGREEMENT
A) Subject to the provisions of this Agreement, Verizon MD agrees to issue to Licensee for any lawful
communications purpose revocable, non- exclusive licenses authorizing the attachment of Licensee’s communications facilities to poles, or to placement of Licensee’s communications facilities in Verizon MD’s conduit system.
B) No use, however extended, of Verizon MD’s poles or conduit system, nor payment of any fees or charges required
under this Agreement, shall create or vest in Licensee any ownership or property rights of any nature in such poles
or conduit system. Licensee hereby agrees to indemnify and save Verizon MD harmless from any claims,
liability and expense ( including, without limitations, attorney’s fees ) arising from Licensee’s assertion of rights
under this ( B.
C) Nothing contained in this Agreement shall limit Verizon MD ’s right to locate and maintain its poles and conduit
system and to operate its facilities in conjunction therewith in such a manner as will best enable it to fulfill its
its own service requirements.
D) Nothing contained in this Agreement shall be construed to compel Verizon MD to construct, reconstruct, retain,
extend, place or maintain any pole, duct, or other facility for use by Licensee not needed for Verizon MD’s own
service requirement.
E) Nothing contained in this Agreement shall be construed as a limitation, restriction, or prohibition against Verizon MD with respect to any agreement or arrangement which Verizon MD has heretofore entered into or may in the future enter into, with others not parties to this Agreement regarding the poles and conduit systems covered by this Agreement. The rights of Licensee shall at all times be subject to any such existing and future agreement or arrangement.
F) Verizon MD, at its sole discretion, may decide whether or not specific facilities of Licensee may be
allowed on Verizon MD 's poles or in Verizon MD’s conduit system and manholes. Verizon MD reserves the right to refuse to grant a license for attachment to a pole or for placement of facilities in a conduit when Verizon MD determines that the available capacity on such pole or in such conduit is required for its exclusive use or for the use of a joint user or governmental entity with pole attachment
rights or conduit occupancy rights and determines that the pole or conduit may not reasonably be
rearranged or replaced to accommodate Licensee’s communications facilities.
G) Should Verizon MD, joint user or governmental entity having pole or anchor accommodation rights, or conduit occupancy rights, for its own service requirements, need to attach additional facilities to any of the poles or anchors to which Licensee is attached, or place additional facilities in a conduit which Licensee occupies, Licensee shall either rearrange its facilities on the pole, anchor or in the conduit, or transfer them to a replacement pole, anchor, or conduit as determined by Verizon MD, so that additional facilities of Verizon MD, joint user or governmental entity may be accommodated. The cost of such rearrangement and/or transfer will be at the sole expense of Licensee. If Licensee does not rearrange or transfer its communications facilities within thirty (30) days after receipt of written notice from Verizon MD requesting such rearrangement to transfer, Verizon MD or joint user may perform or have performed such rearrangement or transfer a Licensee’s sole expense, and risk and without liability on the part of Verizon MD or joint user , provided, however, the written notice shall not be sent until such facilities are ready for such rearrangement or transfer.
H) Should Verizon MD decide or be required to relocate any pole or anchor to which Licensee is attached
or conduit which Licensee occupies, Verizon MD shall give Licensee written notice of such relocation.
Licensee shall rearrange or transfer its facilities within thirty (30) days after receipt of such written
notice or within such shorter period as may be imposed by circumstances or an entity beyond
Verizon MD’s control. If Licensee does not so rearrange or transfer its communications facilities,
Verizon MD may perform or have performed such rearrangement or transfer at Licensee’s sole expense and risk and without liability on the part of Verizon MD .
ARTICLE III - FEES, CHARGES, AND PRICE SCHEDULE
A) Licensee hereby agrees to pay the attachment and occupancy fees and charges as specified in
Appendix I Schedule of Fees and Charges. Verizon MD may adjust said fees and charges upon at
least ninety (90) days’ prior written notice to Licensee. Verizon MD will provide the Cable
Television Association of Maryland, Delaware and the District of Columbia, Inc., with a copy of the
notice. All Fees and charges contained in Appendix I are in effect and payable, subject to standards
applied by the Federal Communications Commission..
B) Verizon MD shall receive payment from Licensee for all applicable fees charges due within forty-five (45) days
after issuance of the bill cost or estimate, subject to Licensee’s right to withhold disputed payments under Article
IV(B)(3). If payment is not received when due, it shall be subject to a 1-1/2% per month late charge.
C) Price Schedule for Pole work
1) Construction Unit Price Schedule. Construction work described in Appendix III shall be performed by
Verizon MD upon its facilities at the unit prices specified in that Appendix. Complex construction, as that term is commonly used and known to the parties, and its associated engineering, shall be performed by Verizon MD at time and material rates.
2) Engineering Unit Price Schedule. All engineering, except as specifically identified in ( 1 above, shall be
billed at the unit prices set forth in Appendix IV. These unit prices apply to each pole on application submitted
to Verizon MD and cover all pre-inspection, tri-party, post-inspection engineering and back office work.
3) Unit Price Revisions. The parties agree that the unit prices specified in (s 1 and 2 above shall be effective until March 1, 1994 (“initial period”). After the initial period, prices may be increased annually based upon changes in Verizon MD costs. Unless the parties agree in writing before the expiration of the initial period or subsequent additional periods to unit prices for one additional year after the initial (“additional period”) or unless a party submits a proposal for the additional period’s unit prices for arbitration under Article XXV at least seven (7) days prior to the expiration of the initial period or subsequent additional period, unit prices for the parties during the additional period
shall be determined and fixed by multiplying the total percent increase in the average of the
Baltimore-Metropolitan-Consumer Price Index - All Urban Workers and the Washington, D. C.-
Metropolitan-Consumer Price Index-All Urban Workers for the immediately preceding twelve month
period, by the unit prices specified in Appendix III and IV and by adding the sums so derived to the
existing unit prices.
If a party submits a proposal for the additional period unit prices to arbitration, the unit prices that are derived, as
specified above, shall be applied and paid until a final decision is rendered by the arbitrators. The arbitrators’
final decision, however, shall be applied for the entire additional period and any adjustments occasioned by a
difference between the additional period prices paid and the additional period prices finally determined in
arbitration together with interest at the rate of 1-1/2% per month shall be promptly made between the parties.
If the Agreement continues in effect after March 1, 1995, unit prices applicable in each year that the
Agreement continues in effect shall be determined and fixed by multiplying the total percent increase
in the average of the Baltimore-Washington-Consumer Price Index - All Urban Workers, commencing
on March 1, of the immediately preceding year, by the unit prices specified in Appendices III and IV
and by adding the sums so derived to the existing unit prices.
The parties intend that the unit prices for engineering will apply to each pole subject to this Agreement
under application and will cover the reasonable and appropriate costs of pre-inspection, tri-party,
applicable engineering, back office work, and post-inspection.
D) Time and material for Conduit Work
1) All work involved on a conduit application, both engineering and construction, will be billed on a
time and material basis.
1) Verizon MD shall use reasonable efforts to provide accurate estimates of costs to Licensee,
but Licensee understands that factors such as obstructed conduit are not foreseeable and may
substantially increase the actual charge of the work.
ARTICLE IV - BILLING
A) Conduit
1) Licensee shall pay bills for conduit engineering and construction within forty-five (45) days. All
bills not paid within the forty five (45) day period shall be subject to a late charge of 1 1/2% per month.
2) Any request for adjustment of any invoice must be in writing no later than forty-five (45) days after
receipt of the invoice or receipt of supporting records therefor provided the request for supporting records made is within forty-five (45) days after receipt of the invoice, whichever is later. The request for adjustment shall state specifically the basis for the request. Payment of that portion of invoices subject to bona fide dispute may be withheld by either party pending resolution of the dispute provided
undisputed portions are paid.
B) Poles
1) Monthly Bills by Verizon MD. Except for Licensee payments to be made pursuant to Article I
A&B, Article VIII A, (’s 1 & 4, Appendix VI, (’s 5 & 8, and related provisions in Article X,
Verizon MD shall bill each Licensee for all work performed hereunder on an approximate monthly basis. The invoices shall be accompanied by supporting materials adequate to explain the basis for charges. The Licensee shall pay such invoices within forty-five (45) days, without prejudice to later adjustments. All bills not paid within the forty-five (45) day period shall be subject to a late charge of 1-1/2% per month. Verizon MD shall retain reasonable records supporting its invoices for a period of one (1) year.
2) Monthly Bills by Licensee. The Licensee shall bill Verizon MD for costs Verizon MD has agreed
to assume hereunder on an approximate monthly basis. If the Licensee bill Verizon MD for tasks for which unit prices are specified on Appendix III, then the price charged to Verizon MD by the Licensee shall not exceed that unit price. Verizon MD shall pay such invoices within forty-five (45) days, without prejudice to later adjustments. All bills not paid within forty-five (45) day period shall be subject to a late charge of 1 ½% per month. The Licensee shall retain reasonable records supporting its invoices for a period of one (1) year.
3) Adjustments. Any request for adjustment of any invoice must be in writing no later than forty-five
(45) days after receipt of the invoice or receipt of supporting records therefor provided the request for supporting records is made within forty-five (45) days after receipt of the invoice, whichever is later. The request for adjustment shall state specifically the basis for the request. Payment of that portion of invoices subject to bona-fide dispute may be withheld by either party pending resolution of the dispute provided that undisputed portions are paid.
ARTICLE V - SPECIFICATIONS
A) Licensee’s communications facilities shall be placed and maintained in accordance with requirements
and specifications of the current editions of the Verizon MD System Manual of Construction Procedures (Blue Book), the National Electrical Code (NEC), the National Electrical Safety Code (NESC), all of which shall be reasonably applied and are incorporated by reference in this Agreement, the rules and regulation pursuant to the Occupational Safety and Health Act (OSHA), Article 89, ( 28 thru 49B of the Annotated Code of Maryland, and any governing authority having jurisdiction over the subject matter. Where a difference in specifications may exist, the more stringent shall apply.
B) Except with respect to OSHA and any governing authority having jurisdiction over the subject matter,
notwithstanding the provisions of ( A, the parties may agree to accept different or more lenient
standards which are generically or specifically applicable.
1) Statewide Modifications. Statewide modifications to basic construction standards and statewide
deviations from basic standards shall be permitted only if set forth in a mutually acceptable writing
signed by Licensee and Verizon MD’s authorized representative described in Article XXII.
2) Local Geographic Modifications. Modifications to basic construction standards and deviations
from basic standards for a particular application or for a local geographical area shall be permitted
only if set forth in a mutually acceptable writing signed by Licensee and Verizon MD’s “Engineering
Manager” for involved geographical area.
3) Pole Specific Modifications. Tolerances, deviations or modifications which have been accepted
during inspection are satisfactory for the particular pole involved. Although such tolerances, deviations
or modifications need not be reduced to written memo format to be binding, the parties agree that to
minimize subsequent disputes, they will date and jointly initial tolerances, deviations or modifications which they deem acceptable in the field on the involved map or Verizon MD’s engineering worksheets.
C) Licensee shall correct all safety violations within seven (7) calendar days from receipt of written notice
from Verizon MD. Licensee shall correct all other violations within thirty (30) calendar days from
receipt of written notice from Verizon MD.
D) Notwithstanding ( C of this Article, when conditions pose an immediate threat to the safety of Verizon MD’s
employees, the public, pose an immediate threat to provision of uninterrupted service or pose an immediate threat
to the physical integrity of Verizon MD’s facilities, Verizon MD’s may perform such work and/or take such
action as it deems necessary without first giving written notice to Licensee and except as set forth below,
without subjecting itself to any liability to Licensee or Licensee’s customers. As soon as practicable thereafter,
Verizon MD will advise Licensee in writing of work performed or action taken and will endeavor to arrange for
reaccommodations of Licensee’s facilities so affected. Licensee shall be responsible for paying Verizon MD for
all costs incurred by Verizon MD for all work and reaccommodation performed by Verizon MD under this paragraph, all such work and reaccommodation shall be performed by Verizon MD with due care and in a safe and workman like manner. Verizon MD shall be liable for any damages incurred by Licensee as result if Verizon MD’s failure to perform any such work and reaccommodation with due care and in a safe and workmanlike manner.
E) The failure of Verizon MD to notify Licensee of violations or to correct violations pursuant to (’s C or D of this Article shall not relieve Licensee of its responsibility to place and maintain its facilities in a safe manner and condition in accordance with the terms of this Agreement, and shall not relieve Licensee of any liability imposed by this Agreement.
ARTICLE VI - LEGAL REQIREMENTS
A) Licensee shall be responsible for obtaining from appropriate public authority or private property owners
all required authorizations and/or rights of way or easements to construct, operate and/or maintain its
communications facilities on public and/or private property before it places anchors or attached its
communications facilities to poles, anchors, or occupies a conduit located on such public or private
property. Where Licensee obtains any right of way or easement from private property owners, it shall
use best efforts to obtain an easement which allows use of the right of way easement by Verizon MD.
B) No license granted under this Agreement shall extend to any pole, anchor, or portion of conduit system
where the attachment or placement of Licensee’s communications facilities would result in a forfeiture
of rights of Verizon MD or joint users to occupy the property on which said pole anchor or conduit
system is located. If existence of Licensee’s communications facilities on a pole, anchor, guy strand, or
in a conduit system would cause forfeiture of the right of Verizon MD or joint users, or both, to occupy
such property, Licensee agrees to remove its communications facilities forthwith upon receipt of written
notification from Verizon MD. If said communications facilities are not removed, Verizon MD may
perform or have performed such removal after expiration of sixty (60) days from giving of such written
notification at Licensee’s sole expense and risk and without any liability on the part of Verizon MD.
ARTICLE VII - LICENSE APPLICATION
A) Before Licensee shall attach to any pole or occupy any portion of a conduit system, Licensee shall make
written application and send required information per Appendix II. Each application shall also describe
non- Verizon MD -owned poles where attachments also will be made.
B) Licensee agrees that not a single application for attachment licenses shall include more than one
hundred (100) poles irrespective of ownership. Licensee further agrees that it shall not have pending
at any one time applications for attachment licenses including or describing more than fifteen
hundred (1500) poles regardless of ownership. For purposes of this ( B, one (1) conduit section shall
equal ten (10) poles. Verizon MD, in its sole judgment, and receipt of written request from Licensee,
may determine that circumstances warrant exceeding the preceding limitations. Upon Licensee’s
demonstration in writing that the limits in this paragraph need to be exceeded, Verizon MD will
approve larger applications on a case-by-case basis where Verizon MD reasonably can do so with
available personnel.
C) Licensee further agrees to designate a desired priority of completion of pre-construction engineering and make- ready work for each application relative to all other of its applications on file with Verizon MD at the same time.
D) License applications received by Verizon MD from two or more applicants for the same pole or conduit
section will be processed by Verizon MD according to the order in which the applications are received
by Verizon MD. Once any additional applicants file an application, Verizon MD shall, within 20 days
of receipt of additional application, notify additional applicant: of 1)that a previous application has been
received for some or all of the same facilities: 2)name and address of the initial applicant: and 3)that the
additional applicant may wish to share make-ready costs with the initial applicant. The responsibility
for arranging for the sharing of make-ready costs shall be on the additional applicant if initial applicant
elects to share make-ready costs with additional applicant. Verizon MD shall bill the initial applicant
for the entire cost of all work necessary to accommodate both initial and additional applicants. In the
absence of such agreement, each application will be processed independently according to the order in
which it is received by Verizon MD.
A) After all Verizon MD rearrangement work is completed, Verizon MD will notify Licensee in writing
Once Licensee notifies Verizon MD that all other work, including that of power companies, is
completed, Verizon MD will issue the License to Attach.
ARTICLE VIII- INSPECTION AND MAKE-READY WORK
A) Poles - Procedures for New Construction
1) Pre-Construction Engineering. Verizon MD shall perform pre-construction engineering of all
poles for which Licensee has applied to Verizon MD for a license to attach within thirty (30) days of
receipt of the application. The pre-construction engineering shall identify the poles on which make-
ready work by Verizon MD, Licensee, or the electric utility (if any) is required . Licensee shall pay
Verizon MD the Unit Price specified in Appendix IV for each pole for which it has filed an application to attach. Licensee’s payment shall accompany the application.
2) Tri-Party. Verizon MD, Licensee and the electric utility shall inspect each pole which the pre-
construction engineering show to need make-ready work. Verizon MD will be ready and willing to
participate in tri-party rideout within thirty (30) days of its completed pre-construction engineering.
Verizon MD shall use its best efforts to have any involved electric utility(ies ) participate in tri-party
rideout within thirty (30)day period. During any required tri-party inspection, Verizon MD, Licensee
and electric utility(ies) if any, shall (a) determine the make-ready work to be performed, and (b)
(b) assign responsibility for its performance and cost.
3) Make-Ready Cost Statement Within fourteen (14) days after completion of the tri-party inspection,
Verizon MD will mail Licensee a written make-ready cost statement (Form B-1, Appendix II) for Verizon MD make-ready for which cost responsibility has been assigned to Licensee.
4) Make-Ready Authorization. Within forty-five (45) days after the date of mailing under ( 3, above,
Licensee shall deliver Licensee’s authorization to Verizon MD to proceed with the make-ready work for which cost estimate has been issued together with full payment of estimated cost. If Licensee fails to authorize make-ready work and to make full payment of estimated cost within period specified herein, Verizon MD shall return the involved application to Licensee and void the application filing.
5) Completion of Make-Ready. Verizon MD shall complete all non-complex make-ready assigned to it (a) within
sixty (60) days after it received Licensee’s timely authorization under ( 4 above and payment or (b) within sixty
(60) days after any involved power company(ies) performs all of its required make-ready on poles involved in the
particular application, whichever is later. Verizon MD ’s obligation to complete make-ready within stated time
shall be extended by circumstances beyond Verizon MD’s control including by way of illustration and not
limitation, severe weather during which make-ready cannot reasonably be performed, labor disputes or strikes.
6) Licensee’s Completion of Make-Ready. Licensee, through contractor(s) specified on Appendix V, will
have the right to perform non-complex Verizon MD make-ready with respect to Verizon MD’s poles,
anchors, and guy strands, but only if Verizon MD has not performed the make-ready within the time or
the time as extended as provided for in ( 5 above. Licensee’s performance of Verizon MD make-ready
shall be further conditioned on Licensee’s compliance with all of the terms of Appendix V and following:
a) Licensee shall provide Verizon MD with at least fifteen (15) days prior hand delivered written notice of its intent to perform Verizon MD non-complex make-ready. For purposes of this Section non-complex make-ready shall mean make-ready for which unit prices are specified on Appendix III. The notice will only be valid if:
(1) The notice precisely specifies the Verizon MD application involved and the poles on which the make-ready is proposed to be performed ; and,
2) The notice is provided not earlier than forty five (45) days prior to the expiration of the ( 5 Verizon MD make-ready construction time period as extended: and,
(3) The notice identifies the Appendix V contractor.
(4) The notice must be delivered to the offices of Verizon MD’s designated representative.
b) Licensee shall not perform Verizon MD make-ready earlier than fifteen (15) days after it delivers its notice pursuant to subsection (a)(l) above. During the fifteen (15) days following delivery of the notice Verizon MD may perform the required make-ready.
(7) Verizon MD Best Efforts. Licensee understands that Verizon MD’s capability to meet the time frames
specified in (’s 2 thru5 above depends upon the total number of active pole attachments applications filed
with Verizon MD and with other pole owners. Verizon MD agrees to use its best efforts to adhere to time
frames specified in (’s 2 thru5. If at any time Verizon MD is unable to meet the time frames specified in
(’s 2 thru5, it will provide Licensee with a timely explanation. If Verizon MD has used its best efforts, its
failure to perform within time frames required will not be a breach of (’s 2 thru5.
(8) Interim Checks. Mid-construction inspections by Verizon MD of any work undertaken by Licensee
shall not be undertaken at Licensee’s expense or in such a manner as to interfere with or delay Licensee’s
construction. If an inspection discloses that Licensee has created a life threatening hazard, Verizon MD may
demand that Licensee halt work in the immediate area until the hazard is corrected and Licensee shall honor
demand. The Verizon MD demand, if verbal, must be followed by a written confirmation within 24 hours.
(9) Post-Construction Engineering for New Construction. Each Licensee shall notify Verizon MD in
writing within one (1) week after the installation of all cable and electronics in its plant covered by an
application. As soon as practicable after such notification, but in no event more than six (6) months
thereafter, Verizon MD, Licensee and electric utility(ies) shall inspect all poles on the application to which
Licensee has attached its facilities. The parties attending such inspection shall identify all poles which need
Licensee facility corrective work or all poles which require Article VIII(D) rearrangement or replacement work and shall assign cost responsibility for such work. Within fourteen (14) days after completion of the inspection Verizon MD will submit to Licensee a Statement of Costs (Form B-2, Appendix II) for necessary post construction clean-up involving Verizon MD facilities for which costs responsibility has been assigned to Licensee. Within thirty (30) days after receipt of the Statement of Costs, Licensee shall make payment of the total amount stated. Post-construction engineering of a Licensee’s pole attachments based on pole attachment applications filed after March 1, 1990, which are not completed within six (6) months after Licensee’s notice, due to fault or delay by Verizon MD, shall be deemed completed and approved by Verizon MD. Verizon MD may conduct the post-construction engineering inspections without all parties if the electric utility(ies) and/or Licensee declines or fails to participate. The determinations of the party(ies) present at the post-construction engineering inspection concerning cost responsibility and corrective work shall be binding on Licensee.
10) Correction. Any failure to meet the standard of Article V shall be corrected by the party assigned make-ready performance responsibility under ( 2. A Licensee’s completion of any required corrective work for which it has responsibility and Licensee’s full payment of bills it receives from Verizon MD for involved application or associated license shall relieve it from responsibility for subsequently discovered deviations of its facilities form Article V standards on poles covered by the application or license provided, however, that the deviation is not caused by Licensee’s subsequent activities on involved poles.
11) Correction by Verizon MD. Any deficiency involving Licensee’s plant which Licensee is to correct
and which is not corrected within ninety (90)days after tri-party post-construction engineering rideout may be completed by Verizon MD within one hundred eighty (180) days of the rideout at Licensee’s sole expense.
(12) Application of Time. The times specified in (’s 1-5,and 9-11 and provision of ( 6 shall only
apply to pole attachment applications received after March 1, 1990. Verizon MD however, shall use its
best efforts to meet time frames specified for application filed prior to March 1, 1990.
(13) Licensee shall be responsible for ensuring that any necessary transfer or rearrangement of facilities
owned by others is accomplished prior to Licensee’s attachment to any pole. Reimbursement of such
owners for any expense incurred by them for such work shall be the responsibility of Licensee, subject
to the provision of Article VIII(D).
(14) Post construction engineering of already-construction facilities and rebuilds is governed by
Appendix VI, which is incorporated herein and attached hereto.
.
B) Anchors
Licensee is to place and maintain all of its own anchors as required for the size weight of the cable being placed or
in place. Verizon MD will not grant a license to attach to any of its new or existing anchors. All attachments to
Verizon MD’s anchors prior to January 1, 1987, will be allowed to remain providing they are in accordance with the
standards set forth in Article V.
C) Conduit System
1) When an application for conduit occupancy is submitted by Licensee, pre-construction engineering
by Verizon MD will be required to determine the availability of the conduit system to accommodate
Licensee’s communications facilities. Verizon MD will advise Licensee in writing on Form B-1,
Appendix II, of the estimated charges that will apply for such pre-construction engineering and will
receive written authorization to proceed from Licensee before undertaking such pre-construction
engineering. A representative of Licensee may accompany Verizon MD’s representative on the field
inspection portion of such pre-construction engineering.
2) Verizon MD retain the right, in its sole judgment, to determine the availability of space in a conduit
system. In the event Verizon MD determines that rearrangement of existing facilities in the conduit
system is required before Licensee’s communications facilities can be accommodated, Verizon MD will
advise Licensee in writing of estimated make-ready charges that will apply for such work on Form B-1,
Appendix II. Licensee shall have thirty (30) days from receipt of Form B-1, Appendix II, to indicate its
written authorization for Verizon MD to perform required make-ready work. Licensee shall not be
entitled to credit by reason of use or potential use by Verizon MD, joint user, governmental entity or
other authorized Licensee’s of any additional capacity or improvements resulting from such make-ready
work, nor for revenue received by Verizon MD from any other party. Make-ready work will be
performed by Verizon MD following receipt of the required written authorization to proceed.
D) Cost Allocation for Poles
1) Licensee Responsibility. Licensee shall bear the costs of (a) rearrangement and replacement work
required to permit attachment of its facilities to poles in conformity with standards of Article V and (b)
rearrangement or replacement work made necessary by Licensee’s attachment(s) that are not in
conformity with aforementioned standards. Licensee shall not be responsible for the cost required to
cure pre-existing Verizon MD or electric utility violations of the aforementioned standards.
2) Utility Responsibility. Where existing facilities do not meet the standards stated in Article V,
Verizon MD, for its facilities or the joint owner, for its facilities, shall bear the costs to bring those
facilities into conformity with those standards. Verizon MD is not responsible for costs or correction of non- standard conditions created by electric utility. Verizon MD shall use its best efforts to encourage electric utility correction of nonstandard conditions created by electric utility. Verizon MD shall use its best efforts to resolve disputes between Verizon MD and the joint owner as to responsibility as between themselves, for costs under this Section so that such disputes shall not unreasonably delay any needed work. The electric utility costs for correcting nonstandard power conditions are not the responsibility of Licensee.
3) Shared Responsibility. If (1) the make-ready operation required to permit attachment of Licensee’s
facilities in conformity with standards of Article V is greater than (2) the make-ready operation which
would be required to bring non-conforming utility facilities in conformity with standards the Article V,
then Licensee shall bear only the incremental difference (as calculated under Article III ( C ) between
operations (1) and (2).
4) Joint Owner Bills. Licensee shall bear all costs billed to Verizon MD by the joint owner of any
affected poles and chargeable to Licensee. Because of administration involved when Verizon MD is
billed by the joint owner for work chargeable to Licensee, Verizon MD will apply administrative and
financing costs, in addition to costs billed by the joint owner to Verizon MD. Verizon MD and Licensee
agree to work with Verizon MD’s joint owners to attempt to arrange direct billing from the joint owners
to Licensee in all cases. Verizon MD shall have no involvement in disputes between a Licensee and the
joint owner regarding bills for work to Licensee from the joint owner, for work by said joint owner
whether sent directly to Licensee or billed through Verizon MD.
5) Other Bills. Costs related to underground locates billed to Verizon MD by governmental entities as
incident to make-ready work hereunder shall be allocated in accordance with paragraphs 1-3 above. l
Verizon MD will apply administrative and financing costs, per paragraph 4 above, in addition to costs
billed by said third parties.
ARTICLE IX - CONSTRUCTION AND MAINTENANCE OF
COMMUNICATIONS FACILITIES
A) In General
1) Licensee shall, at its own expense, construct and maintain its communications facilities on poles,
anchors, and in the conduit system covered by this Agreement in a safe condition and manner acceptable
to Verizon MD, under the standards of Article V, so as not to physically conflict or electrically interfere
with facilities attached thereon or placed therein by Verizon MD, joint users, or other authorized
Licensee.
B) Poles
1) Verizon MD shall specify the point of attachment on each pole to be occupied by Licensee’s
communications facilities. Where communications facilities of more than one Licensee are involved.
Verizon MD will attempt, to the extent practical, to designate the same relative position on each pole
for each Licensee’s respective communications facilities.
2) Licensee shall notify Verizon MD in writing at least thirty (30) days before adding to, relocating,
rebuilding, replacing or otherwise modifying its facilities attached to a pole and/or anchor where
additional space or holding capacity may be required on either a temporary or permanent basis, and
shall obtain Verizon MD’s written authorization therefor, which authorization shall not be
unreasonably withheld.
2) Notwithstanding any other clause, Licensee may overlash additional communications facilities to
existing strand so long as such overlash plant is installed in accordance with the engineering standards
of Article V (A). Licensee shall give Verizon MD notice of overlashing projects not later than the day
the work is planned to commence. Notice is not required for repair and restoration activity. Licensee's
notice of planned overlashing shall be in the form of maps showing the location of poles and their
associated numbers so that Verizon MD can identify where the work is taking place. Licensee will
notify Verizon MD within 30 days after completion of overlash projects. Verizon MD shall bear its
own costs of inspecting completed overlashed plant, and the Licensee shall have no obligation to
reimburse Verizon MD for its costs incurred in such inspection. However, if Licensee has not installed
an overlashed facility in accordance with the engineering standards of Article V(A), Verizon MD may
charge the pole inspection fee specified in Article VIII (A)(1) for each of the poles requiring remedial
work caused by the overlash.
C) Conduit
1) In each instance where Licensee’s communications facilities are to be placed in Verizon MD’s
conduit system, Verizon MD shall designate the particular duct(s) or inner-duct(s) to be occupied, the
location and manner in which Licensee’s communications facilities will enter and exit Verizon MD’s
conduit system and the specific location and manner of installation for any associated equipment which
is permitted by Verizon MD to occupy the conduit system. Verizon MD reserves the right to exclude or
limit the type, number and size of Licensee’s communications facilities which may be placed in l
Verizon MD’s conduit system. In no event shall Licensee be permitted to place its power pack, source,
or supply in Verizon MD’s conduit system. Verizon MD shall have the sole right to prohibit, or to permit
on such terms as it deems advisable, any connection to or modification of its conduit system. If such
connection or modification is permitted, all work shall be performed by Verizon MD or its contractor.
2) Licensee must obtain prior written authorization from Verizon MD approving any work to be done
and the party who will perform such work before Licensee may install, remove, replace, rebuild, or provide maintenance of its communications facilities in any of Verizon MD’s conduit system. Verizon MD shall not withhold such authorization without good cause. Verizon MD retains the right to specify what, if any, work shall be performed by Verizon MD at Licensee’s expense. In case of an emergency, Licensee shall contact Verizon MD and Verizon MD shall provide a representative to accompany Licensee. In no event shall Licensee be permitted to open Verizon MD’s manholes.
3) Verizon MD’s manholes shall be opened only by Verizon MD’s authorized employees or agents.
Licensee is responsible for obtaining any necessary authorization from appropriate authorities to open
other manholes and conduct work operations therein. Licensee’s employees, agents or contractors will
be permitted to enter or work in Verizon MD’s manholes only when authorized employee or agent of
Verizon MD is present. Verizon MD’s said employee or agent shall have the authority to suspend
Licensee’s work operations in and around Verizon MD’s manholes if, in the sole discretion of said
employee or agent, any hazardous conditions arise or unsafe practices are being followed by Licensee’s
employees, agents, or contractors. Licensee agrees to pay Verizon MD the charges, as determined
in accordance with terms and conditions of Appendix I, for the presence of Verizon MD’s employee
or agent when Licensee’s work is being done in and around Verizon MD’s manholes. Licensee shall
in all instances be and remain an independent contractor and the presence of Verizon MD’s authorized
employee or agent, or failure of Verizon MD’s employee or agent to exercise discretion to stop work,
shall not relieve Licensee of its responsibility to conduct all of its work operations in and around
Verizon MD’s manholes in a safe and workmanlike manner, in accordance with the terms of this
Agreement and shall not relieve Licensee or its agents or employees of any liability imposed by this
Agreement.
D) Joint Trench
1) Where the parties agree to utilize joint trench, representative of Licensee and Verizon MD, shall, for
each specific job, manually agree in writing to: 1) the party will be responsible for trenching and back-
filling; 2) the location of all trenches; and 3) the specific trenches that will be occupied by each party.
2) Each party will arrange to install its facilities in the trenches including any pipe or other duct for its
sole use. Each party shall bear the cost of all digging and backfilling associated with the maintenance
of its buried plant facilities.
3) Occupation of joint or non-joint use trenches by coordinating Electric Companies shall be made by
separate agreement, pursuant to Article V specifications.
4) The cost for providing and backfilling the common trench shall be shared equally by Verizon MD,
Licensee, and any other joint trench users. Other costs for work to be performed by either party for the other, such as pipe pushing or boring, shall be mutually agreed upon in writing in advance.
5) Either party, upon request by the other party, may cut and splice and/or raise or lower its own
existing buried facilities to expedite the installation of facilities of the other party. Such operations are
not mandatory, but, if agreed to, shall be done at the expense of the party requesting the work.
ARTICLE X - OTHER POLES
For poles that Verizon MD does not solely or jointly own now or hereafter administer under agreement in the State of Maryland but to which Licensee is attached or has applied for attachment, the following terms shall apply:
Article I (A)(G)(J)(L)(M)&(O)
Article III ( C) (1-3)
Article IV (B)(1-3)
Article V (A),(B)
Article VIII (A)(1) shall be replaced with the following:
The Licensee shall provide Verizon MD with a full and complete copy of the application which
it files with the involved owner. Each application shall contain a unique application number.
The pole owner’s number and the Verizon MD pole number for the poles shall be contained in
each application. Each pole on each application shall be serially numbered, starting at number
1. Verizon MD may conduct its own make-ready inspection of the poles identified in the
application within thirty (30) days of receipt of the application.
Article VIII(A)(2) shall be replaced with the following:
Verizon MD will be ready and willing participate in a tri-party rideout within thirty (30)days
of its make-ready inspection. During any tri-party inspection, Verizon MD, Licensee and the
involved owner shall (a) determine make-ready to be performed, and (b) assign responsibility
for its performance and cost. The Licensee shall pay Verizon MD the unit price specified in
Appendix 3 for poles upon which Verizon MD facilities are attached and upon which
Verizon MD performs make-ready work which cost responsibility is assigned to the Licensee.
Article VIII(A), (3-10), except:
that in Article VIII(A)(3), the make-ready cost estimate shall also specify the number of poles
for which the Licensee must pay unit price engineering charges.
that in Article VIII(A)(4), if the Licensee fails to authorize the make-ready work and full
payment of the estimated costs and the applicable unit price for pre-construction engineering
within the time periods specified, Verizon MD shall be relieved of performing make-ready
within the time specified in VIII(A)(5).
that in VIII(A)(6), is subject to providing Verizon MD with legally sufficient written
authorization from the pole owner which authorizes the Licensee to perform Verizon MD
make-ready on the owner’s poles.
Article VIII(A)(12)&(14), and Appendix VI, (( 1-10 &,12 except that in (5, the word “shall” in
any sentence other than the last two sentences is to be replaced by the word “may” and except
that Licensee shall not be required to pay post-construction engineering charges on poles not
owned by Verizon MD; and except that in (6 the word “shall” in the first sentence is to be
replaced by the word “may”.
Article VIII (D)(1-3)
Article XII
Articles XVIII & XIX
Articles XXI, XXII, XXIII & XXIV
Article XXV (A-G)
Article XXVI
ARTICLE XI - UNAUTHORIZED ATTACHMENT OR OCCUPANCY
A) If any of Licensee’s communications facilities shall be found attached to poles, anchors, or occupying
conduit system, for which no license has been granted, Licensee shall pay an unauthorized attachment
or occupancy charge specified in Appendix I. However, such unauthorized attachment or occupancy
charge shall not be applied to unauthorized attachments to anchors predating the contract.
B) Notwithstanding any other provision, except with respect to attachments to anchors in ( (A) above,
if any Licensee’s unauthorized attachments shall be found during the post construction procedures
specified at Article VIII(A)(9) or Appendix VI, Verizon MD will notify Licensee of such attachments
and no unauthorized attachment or occupancy charge will be assessed if Licensee submits applications
for said attachments on Appendix II, Form, A-1-1 within thirty(30) days of receipt notice.
C) Concerning drop attachments, after initial construction of distribution plant, Licensee shall have the
right to attach non-current-carrying customer drops to drop poles without prior application, provided
that Licensee shall forward a notice of attachment quarterly for billing adjustments on Appendix II,
Form A-1-1.
D) Furthermore, Verizon MD without prejudice to its other rights or remedies under this Agreement, may
require Licensee to submit application pursuant to Article VII of this Agreement within thirty(30) days
after receipt of written notification from Verizon MD of unauthorized attachment or occupancy. If
such application is not received by Verizon MD within specified time period, Licensee may be required
to remove its unauthorized attachment or occupancy, or Verizon MD may, at Verizon MD’s option,
remove Licensee’s facilities at Licensee’s sole expense and risk and without liability to Verizon MD.
E) No act or failure to act by Verizon MD with regard to said unauthorized attachment or occupancy shall
be deemed to ratify unauthorized attachment or occupancy and if any license should be subsequently
issued, said license shall not operate retroactively or constitute a waiver by Verizon MD of any of its
rights or privileges under this Agreement or otherwise; provided, however, that Licensee Shall be
subject to all liabilities, obligations and responsibilities of this Agreement with respect to said
unauthorized attachment or occupancy from its inception.
ARTICLE XII - NON-DISCRIMINATION
Verizon MD shall not discriminate in the provision of services or the terms and conditions under which services are supplied to a Licensee and the provision of services or the terms and conditions under which
they are supplied to a cable operator who hereafter becomes affiliated with Verizon MD and who plans to
deliver cable services or video-on-demand in Maryland. Verizon MD shall not discriminate in the provision
of services which are provided to a Licensee and the services Verizon MD supplies to a video programmer
who leases channels in facilities that Verizon MD specially constructs for the delivery of cable services or
video-on-demand in Maryland.
As used herein, “discrimination” shall mean:
a) a less favorable pace with which pre- and post-inspection engineering and make-ready is accomplished for
a Licensee’s plant as compared to pre- and post-inspection engineering and make-ready accomplished for plant
Verizon MD specially constructs for lease to a Licensee for delivery of cable services or video-on-demand in
Maryland or for pre- and post-construction engineering and make-ready for a Licensee who hereafter becomes
affiliated with Verizon MD and who delivers cable services or video-on-demand in Maryland; and,
(b) more demanding construction standards applied to Licensee as compared to construction standards or plant that
Verizon MD specially constructs for lease to a Licensee for delivery of cable service or video-on-demand in
Maryland or for plant constructed by a Licensee who hereafter becomes affiliated with Verizon MD and who
delivers cable services or video-on-demand in Maryland; and
c) greater pre- and post-inspection engineering and make-ready charges to Licensee as compared to pre- and
post-inspection engineering and make-ready charges to a Licensee who hereafter becomes affiliated with
Verizon MD and who delivers cable services or video-on-demand in Maryland.
As used herein, “services” shall mean pre- and post-inspection engineering and make-ready.
As used herein, “terms and conditions” shall mean the terms and conditions of this Agreement and the
Pole Attachment Agreements.
As used herein, “pace” shall be determined considering the relevant Maryland geographical area and
site conditions.
Subsections (a) and ( c) are not violated if Verizon MD provides the services on an accelerated or
decelerated basis and if the services provided on an accelerated or decelerated basis are equally
available to Licensee.
The provision of this Article shall apply prospectively from March 1, 1990.
ARTICLE XIII
LIABILITY AND DAMAGES
A) Verizon shall exercise reasonable care to avoid damaging the Facilities of Licensee attached
to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make
an immediate report to Licensee of the occurrence of any such damage caused by Verizon’s
employees, agents or contractors. Verizon agrees to reimburse Licensee for all reasonable costs
incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately
caused by the negligence of Verizon ; however, Verizon shall not be liable to Licensee for
any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service
caused by such damage or interference with the operation of Licensee's Facilities caused by such
damage.
B) Licensee shall exercise reasonable care to avoid damaging the facilities of Verizon and of others attached to Poles, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from damage caused by Licensee’s employees, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon 's Facilities caused by such damage.
C) Licensee shall indemnify, protect and save harmless Verizon from and against any and all claims, demands, causes of actions and costs, including attorneys’ fees, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, payments under any Workers Compensation law or under any plan for employee’s disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Licensee’s Facilities or by their proximity the Facilities of all parties attached to a Pole or placed in the Conduit or Rights Of Way, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of Verizon’s Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee.
D) The Licensee shall indemnify, protect and save harmless Verizon from any and all claims, demands, causes of action and costs, including attorneys’ fees, which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities in combination with Poles, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee.
E) Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party.
F) Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special,consequential or other indirect damages arising under this Agreement.
G) The provision of this Article shall survive the expiration or earlier termination of this Agreement or
any license issued thereunder.
ARTICLE XIV- INSURANCE
A) Licensee shall secure and maintain (and ensure its subcontractors, if any, secure and maintain) all insurance and/or bonds required by law or this Agreement including without limitation:
a) Commercial General Liability Insurance (including, but not limited to, premises-operations;
explosion, collapse, and underground hazard; broad form property damage; products/completed
operations; contractual liability, independent contractors; personal injury) with limits of at least
$2,000,000 combined single limit for each occurrence.
b) Commercial Automobile Liability insurance with limits of at least $2,000,000 combined single limit for each occurrence. Notwithstanding, if the Licensee does not own or operate any vehicles or automobiles associated with the Licensee’s business or associated with the work related to this Agreement, then Licensee must only provide satisfactory evidence that its subcontractor(s) have purchased and maintained Commercial Automobile Liability insurance in such amount.
c) Workers' Compensation insurance as required by statute and Employer's Liability Insurance
with limits of not less than $1,000,000, per occurrence
B) The above limits may be satisfied by a combination of underlying/primary and excess/umbrella insurance. All policies provided by the Licensee shall be deemed primary and non-contributory to all other applicable coverage’s. The Licensee shall waive its right of subrogation for all insurance claims. The Commercial General Liability and Commercial Auto Liability policies must name Verizon, its subsidiaries and affiliates as additional insured’s. The Licensee’s insurance companies must be licensed to do business in the applicable state(s) and must meet or exceed an A.M. Best rating of A-X or its equivalent.
C) All insurance must be in effect before Licensor will authorize Licensee to make attachment to Licensor’s pole(s) and shall remain in force until such Attachments have been removed from all such poles. For all insurance, the Licensee must deliver an industry-recognized certificate of insurance evidencing the amount and nature of the coverage, the expiration date of the policy and the waiver of subrogation and stating that the policy of insurance issued to Licensee will not be cancelled or changed without (30) days written notice to Licensor. Also, where applicable, such certificate of insurance shall evidence the name of the Licensor as an additional insured. The Licensee shall submit such certificates of insurance annually to the Licensor as evidence that it has maintained all required insurance.
Send to:
Verizon Maryland Inc.
Engineer - Third Party Attachment
99 Shawan Rd. Room 212B
Cockeysville, Maryland 21030
D) Licensee is responsible for determining whether the above minimum insurance coverage’s are adequate to protect its interests. The above minimum coverage’s shall not constitute limitations upon Licensee’s liability.
ARTICLE XV
SURETY BOND REQUIREMENTS
A) Licensee shall furnish a Surety Bond or irrevocable letter of Credit satisfactory to the Licensor according to the following criteria: A sample bond form and letter are included by attachment.
Poles Security Amount Conduit Footage Security Amount
1-50 $10,000 1-2500 $10,000
51-500 $75,000 2501-25,000 $80,000
501-2000 $300,000 25,001-75,000 $250,000
2001-3000 $450,000 75,001-150,000 $475,000
3000+ $500,000 150,000+ $500,000
The maximum security limit is $500,000.
B) If the financial security is in the form of a bond, irrevocable Letter of Credit, or other security as deemed acceptable by Verizon, such instrument shall be issued by a surety company or bank satisfactory to the Licensor and shall guarantee Licensee’s obligations under the agreement. The Licensee is obligated to maintain the security in the full required amount for the terms of the agreement.
C) The amount of the bond or the financial security shall not operate as a limitation upon the obligation of the Licensee.
ARTICLE XVI-AUTHORIZATION NOT EXCLUSIVE
Nothing in this Agreement shall be construed as a grant of any exclusive authorization, right or privilege to Licensee. Verizon MD shall have the right to grant, renew and extend rights any privileges to others not parties to this Agreement, by contract or otherwise, to use any pole or conduit system covered by this Agreement.
ARTICLE XVII - ASSIGNMENT OF RIGHTS
A) Licensee shall not assign or transfer any license or any authorization granted under this Agreement, and such licenses and authorizations shall not inure to the benefit of Licensee's successors or assigns, without the prior written consent of Licensor, which shall be in the form of an assignment agreement satisfactory to the Licensor. Licensor shall not unreasonably withhold, condition, or delay such consent.
B) In the event such consent or consents are granted by Licensor, then the provisions of this Agreement shall apply to and bind the successors and assigns of Licensee. Licensee may, however, assign this Agreement without Licensor's consent to an entity controlling, controlled by, or under common control with Licensee or to an entity acquiring fifty-one percent (51%) or more of Licensee's stock or assets provided that any such assignment shall be subject to the assignee's being capable of assuming all of the obligations of Licensee hereunder. Any such assignment shall impose no obligations upon or be effective against Licensor, and Licensor shall have no liability to any assignee of such assignment, until Licensor has received prior notice of any such assignment. Licensee may also assign this Agreement, without Licensor's consent and without prior notice to Verizon, to an institutional mortgagee or lender providing financing to Licensee with respect to Licensee's Facilities in the event such institutional mortgagee or lender exercises its foreclosure right against Licensee and operates the Licensee Facilities on the Right of Way; provided such institutional mortgagee or lender is capable of assuming all of the obligations of the Licensee hereunder and further provided that such assignment shall not be effective against Licensor unless and until written notice of such assignment and exercise of rights is provided to Licensor. Anything herein to the contrary notwithstanding, Licensee shall not be relieved of any of its obligations hereunder without Licensor's prior written consent.
C) All notice of such assignments shall include any change to the notice address provided in Article XXII. Within thirty (30) days of the assignment, Licensor and assignee shall execute an assignment agreement.
ARTICLE XVIII - FAILURE TO ENFORCE
Failure of Verizon MD to enforce or insist upon compliance with any of the terms or conditions of this Agreement or to
give notice or declare this Agreement or any authorization granted hereunder terminated shall constitute a general waiver or relinquishment of any term or condition of this Agreement, but the same shall be and remain at all times in full forces and effect.
ARTICLE XIX - TERMINATION OF LICENSES OR AGREEMENT
A) Subject to provisions of Article XVII hereof, should Licensee cease to provide its communications
services in the area covered by this Agreement, or should Licensee ceases to have authority to
construct and operate its communications facilities on public or private property at the location of the
particular pole or portion of conduit system covered by license or part thereof, then all of Licensee’s
rights privileges and authorizations under this Agreement, including all licenses issued hereunder,
shall terminate automatically as of the date following the final day that such event(s) occur.
B) Verizon MD shall have the right forthwith to terminate this entire Agreement or any license issued
hereunder whenever Licensee is in default of any term of this Agreement, including, but not limited
to, the following conditions.
(1) Use or maintenance of Licensee’s communications facilities in violation of any law or in aid of
any unlawful act or undertaking; provided that Verizon MD shall give Licensee thirty (30) days’
written notice before invoking this provision, and provided further that is the circumstances giving
rise to the notice is cured within that thirty (30) day period, the notice shall be withdrawn; or
(2) Denial or revocation of any authorization which may be required of Licensee by any governmental
or private authority for the construction, operation, and maintenance of Licensee’s communications
facilities; or
3) Notification to Verizon MD or Licensee by the insurance carrier(s) or bonding agent that the
policy(ies) of insurance or the bond, required under this Agreement, will be canceled or changed if, in the sole judgment of Verizon MD, the requirement of insurance and bond requirements of this Agreement will no longer be satisfied.
. (4) Attachment of Licensee’s facilities to a material number of poles or occupancy by Licensee’s
facilities of a material portion of a conduit system without first having been issued a license therefore;
or
(5) Non-payment of any sums due hereunder.
C) Verizon MD will notify Licensee promptly in writing of any proposed termination under Paragraph
(B) of this Article. Such notice shall specify a date for termination not less than thirty (30) days from
date of notice. Subject to the foregoing, Licensee shall have an absolute right to take corrective action
to eliminate any condition(s) giving rise to such notice, and shall confirm in writing to Verizon MD
within thirty (30) days (or such longer time specified in the written notice) that the cited condition(s)
has ceased or been corrected. If Licensee fails to discontinue or correct such condition(s) and fails to
give the required confirmation, Verizon MD may immediately terminate this Agreement.
D) In the event of termination of this Agreement or any of Licensee’s rights, privileges or authorization
hereunder, Licensee shall remove its communications facilities form Verizon MD’s poles, anchors,
and conduit system within ninety (90) days form the date of termination; provided, however, that
Licensee shall be liable for and pay all fees and charges pursuant to terms of this Agreement to
Verizon MD until Licensee’s communications facilities are actually removed from Verizon MD’s poles,
anchors and conduit system.
E) Licensee may at any time terminate this Agreement by giving Verizon MD written notice thereof and
may at any time terminate its license or any part thereof with respect to the attachment to a pole or
occupancy of a portion of conduit system, and remove its communications facilities by giving
Verizon MD written notice of such intention on Forms in Appendix II.
F) Termination of this Agreement or any license issued hereunder shall not affect Licensee’s liabilities
and obligations incurred prior to the effective date of such termination.
ARTICLE XX-REMOVAL OF FACILITIES
A) Licensee, at its expense, shall remove its communications facilities from Verizon MD’s poles anchors,
or portions of a conduit system within thirty (30) days after;
1) Termination of the Agreement or of any license or part thereof pursuant to Article XIX covering
such attachment or conduit occupancy ; or
1) Replacement of Licensee’s existing facilities (a)on a pole with substitute facilities on the same pole
or another pole, or (b) in one duct with substitute facilities in another duct, or ( c) on a pole with substitute facilities in conduit trench.
B) If Licensee does not remove its communications facilities from Verizon MD’s poles, anchors and
conduit system within the applicable time period(s) specified in this Article, Verizon MD shall have the
right to remove them at the sole expense and risk of Licensee and without any liability on the part of
Verizon MD to Licensee therefor, including but not limited to damage to such facilities or interruption
of Licensee’s services.
C) Licensee shall remain liable for and pay to Verizon MD all fees and charges pursuant to provisions of
this Agreement until all of Licensee’s facilities are physically removed pursuant to this Article.
D) When Licensee’s communications facilities are removed from a pole, anchor or conduit system, no
reattachment to the same pole or replacement in the same portion of a conduit system shall be made
until Licensee has first complied with all of the provision of this Agreement as though no such pole
attachment or conduit occupancy had previously been made, and all outstanding charges due
Verizon MD for such previous attachment and/or occupancy have been paid in full.
E) Should Verizon MD, under any applicable Article of this Agreement, remove Licensee’s facilities from
poles, anchors, or conduit systems covered by this Agreement, Verizon MD will deliver to Licensee the
facilities so removed only after payment by Licensee of the cost of removal, storage and delivery, and
all other amounts due Verizon MD.
ARTICLE XXI-TERM OF AGREEMENT
A) Unless sooner terminated as hereunder provided, this Agreement shall continue in effect until March 1,
1995, and thereafter either party hereto terminated this Agreement by giving the other party at least six
month’s prior written notice thereof. Such six month’s notice of termination may be given to take effect
on March 1, 1995, or thereafter. Termination by either party shall be pursuant to Article XIX.
B) Notwithstanding paragraph A of this Article, Verizon MD may notify Licensee no later than six months
prior to the third anniversary of the effective date of this Agreement that Verizon MD wishes to
renegotiate Articles VIII(A) and X. If the parties hereto cannot come to an agreement concerning
renegotiation of said Articles, then Verizon MD’s practices concerning time performance which were
in existence prior to September 1, 1989 shall apply henceforth.
ARTICLE XXII-NOTICES
A) Bills from Verizon MD to Licensee shall be sent first class to Licensee at the following address:
(Name and Title)
(Company)
(Address) (Phone Number)
(City, State, and Zip Code)
B) All other written notice required under this Agreement shall be given by posting the same in first
class mail to Licensee as follows:
(Name and Title)
(Company)
(Address) (Phone Number)
(City, State, and Zip Code)
and to Verizon MD as follows:
Verizon Maryland, Inc.
Engineer-Jerry Blum
99 Shawan Rd. Room 212B
Cockeysville, Maryland 21031
or to such addresses as the parties hereto may from time to time specify in writing.
ARTICLE XXIII-GOVERNING LAW
This Agreement shall be deem to have been executed in the State of Maryland . The parties hereto agree that except with respect to terms of Settlement Agreement in FCC File No. PA-88-02 which we are incorporated in this Agreement, which provide for continuing jurisdiction of the Federal Communications Commission to enforce the terms of that Settlement Agreement during its term, the terms and performance hereof shall be governed by and construed in accordance with the law of the State of Maryland, unless otherwise provided by Federal Law. In the event any of the arrangements, fees and charges provided under this Agreement are hereafter offered under tariff filed by Verizon MD and in effect with a regulatory commission, this Agreement with respect to those arrangements fees and charges shall be subject to terms of said tariff(s).
ARTICLE XXIV - SUPERSEDURE OF PREVIOUS AGREEMENT(S)
Except with respect to Section 13.2 (Release) of the Settlement Agreement in FCC File No. PA-88-002, this Agreement supersedes all previous Agreements and incorporates the Settlement Agreement in FCC File No. PA-88-002), whether written or oral, between Verizon MD and Licensee for attachment and maintenance of Licensee’s communications facilities on poles, anchors, and in conduit systems within the geographical area covered by this Agreement; and there are no other provisions, terms or conditions to this Agreement except as expressed herein. All currently effective licenses heretofore granted pursuant to such previous Agreement shall be subject to the terms and conditions of this Agreement.
ARTICLE XXV – ARBITRATION
A) General. The parties acknowledge that disputes over standards, cost allocation, billing procedures, unit
prices or other disputes under this Agreement may arise despite good faith efforts by all parties to act
reasonably and in conformity with the terms of this Agreement. The purpose of this Section is to
establish procedures to resolve those disputes in a prompt and businesslike fashion.
B) Field Negotiation. Disputes about the application of standards (subject to Article V(A) & and Article
VIII(D), the assignment of cost responsibility which arise in the field and billing issues are to be
negotiated by each party’s field personnel in accordance with terms of this Agreement, with particular
reference to the standards of construction and cost allocation, set forth in Article V(A)&(B) and Article
VIII(D).
C) Supervisors. Any dispute under (B which remains unresolved after two (2) business days shall be
reduced to writing and may be forwarded by either party to the supervisor of each party’s field
representative. These supervisors shall try to resolve the dispute through good faith negotiation in
accordance with the terms of this Agreement, with particular reference to the standards of construction
and cost allocation.
D) Manager. Any dispute under (C which remains unresolved after five (5) business days of referral to the
supervisors shall be referred by those supervisors to the appropriate Verizon MD Field Engineering
Manager for the involved geographical area and to next higher level representative of the involved
Licensee.
E) Manager Licensee. Any dispute under ( D which remains unsolved after five business days or any
other dispute under (A shall be referred to Verizon MD’s Manager-General Agreements, as shown in
Article XXII and a Licensee Contact for the affected Licensee. The Verizon MD Manager-General
Agreements and the CATV Contact shall try to resolve the dispute through good faith negotiation in
accordance with the terms of this Agreement, with particular reference to the standards of construction
and cost allocation.
F) Arbitration. Any dispute under ( E which remains unresolved by the Verizon MD Engineering
Manager and Licensee Contact after five(5) business days shall be submitted for resolution by arbitration.
The party seeking arbitration shall notify the other party in writing.
Any arbitration held hereunder shall be conducted as follows:
1) Licensee and Verizon MD each shall, within 15 days of the submission to arbitration, appoint one arbitrator
experienced in outside plant construction which arbitrators shall, within 15 days after the last arbitrator appointment mutually select a third arbitrator of similar qualifications. No arbitrator chosen by other arbitrators shall be an officer, employee, owner, or supplier of either party , and shall have no financial relationship whatsoever with either party, except for the reasonable reimbursement of such persons for their performance as arbitrators. If an arbitration panel of 3 arbitrators has not been constituted within thirty (30) days the parties shall select a third arbitrator in accord with the Commercial Arbitration Rules of the American Arbitration Association.
2) Within 30 days after appointment of all arbitrators and upon 15 days written notice to the parties to the
arbitration, the arbitrators shall commence a hearing on the dispute. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
3) The hearing shall be recorded and may be transcribed at request of either Licensee or Verizon MD.
4) At the close of the hearing and within 30 days, the arbitrators shall prepare written findings and serve such
decision upon Licensee and Verizon MD.
5) The decision of a majority of the arbitrators shall be binding upon the parties to the arbitration.
6) Until February 28, 1993, either party may seek relief at the Federal Communications Commission under the
following circumstances:
a) Either party fails to select an arbitrator;
b) One or more arbitrators is unqualified;
c) Designated time limits have been exceeded;
d) The arbitrators have not been proceeded expeditiously; or
e) Based upon the record, the arbitrators’ decision is arbitrary, capricious, unsupported by
substantial evidence, or an abuse of discretion.
7) The prevailing party shall be en titled to all costs of arbitration and its expenses of participation in the arbitration from the non-prevailing party. If no one party prevails on all issues, the costs of arbitration and the expenses of participation shall be borne by the parties in proportions ordered by the arbitrators.
G) Disputes between Verizon MD and the joint owner of any affected poles shall not be resolved hereunder.
H) During the three (3) year term of the Settlement Agreement in FCC file No. PA-88-02 but subject to the
provisions of the foregoing paragraphs A-G, the Federal Communications Commission shall have
continuing jurisdiction to enforce the provisions of this Agreement that are incorporated from the
Settlement Agreement.
ARTICLE XXVI - REASONABLE CONDUCT
The parties agree to conduct themselves reasonably and in good faith in implementing the terms of this Agreement.
IN WITNESS WHEREOF, the parties here to have executed this Agreement in duplicate on the day and year first above written.
WITNESS VERIZON MARYLAND INC.
__________________________________ BY_____________________________________
ITS_____________________________________
WITNESS . LICENSEE
_________________________________ BY______________________________________
ITS______________________________________
APPENDIX I
SCHEDULE OF FEES AND CHARGES
THIS APPENDIX I, effective as of 2005 is an integral part of the License Agreement between Verizon MD Inc. (Licensor) and (Licensee), dated 2005 and contains the fees and charges governing the use of Verizon MD’s poles and conduit systems by Licensee’s communications facilities.
A) Attachment and Occupancy Fees
1) General
a) Attachment and occupancy fees commence on the first day of the calendar month following the
date license is issued for such attachment or occupancy. Such fees cease as of the final day of
the calendar month preceding the month in which the attachment or occupancy is physically
removed.
b) A one-month minimum charge is applicable for all attachment and occupancy accommodations.
c) Fees shall be payable semi-annually in advance on the first day of January and July.
d) The total attachment and occupancy fees due hereunder shall be based upon the number of
poles and duct feet of conduit for which licenses have been issued before the first day of
December and June each year. Each semi-annual payment shall include a proration of the
monthly attachment and occupancy charges applicable for attachments or occupancy
initially authorized by Verizon MD during the preceding six(6) month period.
2) Fees
Pole-Accommodations Annual Fee
Per pole attachment $ 3.57
Conduit Occupancy Accommodations Annual Fee
Annual charge per foot of duct occupies *see attached sheets*
For the purpose of determining the duct feet chargeable the duct considered occupied shall be
measured from:
(i) center to center of adjacent manholes, or
(ii) center of manhole to the end of a duct not terminated in a manhole.
APPENDIX I
Unauthorized Attachment or Occupancy
Per pole $50.00
Per conduit foot $25.00
B) Charges
1) Computation
Charges for all work performed by Verizon MD in connection with the furnishing or
administration of pole or conduit system accommodations as covered by this Agreement
shall be based upon Verizon MD’s full costs. Charges for all work performed by
Verizon MD’s authorized representatives in connection with the furnishing or
administrative of pole or conduit system accommodations as covered by this Agreement shall be
based upon the representative’s bill plus Verizon MD’s carrying charge plus 15%
for Verizon MD’s administration and bill processing charges.
2) Pole and Anchor Replacements
The charge for replacement of a pole, anchor or guy strand required to accommodate
Licensee’s communications facilities, in accordance with Article VIII, A) 3), shall be based on
Verizon MD’s fully installed costs.
C) Payment Date
Failure to pay all fees and charges within forty-five (45) days after issuance of the bill therefor
shall constitute a default of this Agreement, and in addition shall result in a 1 1/2% per-month
late charge until paid in full.
APPENDIX I
“VERIZON MARYLAND INC. CONDUIT RENTAL RATE”
Following is the annual rate per occupied duct foot. Occupies duct foot is as a single enclosed raceway.
RATE SEGMENT
#1 4.50
#2 3.00
These new rates will go into effect on January 1st of each year. Below is the area as follows:
RATE SEGMENT #1 The areas that are covered in this rate
segment are as follows:
- Bethesda, MD
- Silver Spring, MD
- Rockville, MD
- Kensington, MD
RATE SEGMENT #2 Maryland with exception of the areas shown in
rate segment #1.
APPENDIX II
ADMINSTRATION FORMS AND NOTICES
THIS APPENDIX II, effective as of 2005 is an integral part of the License Agreement between Verizon MD,and Licensee, dated 2005 and contains the administrative forms governing the use of Verizon MD, poles and conduit system by Licensee’s communications facilities.
INDEX OF ADMINISTRATION FORMS
A-1 Application and Pole Attachment License
A-1-1 Application for addition to existing Pole Attachment License
A-2 Application for Pole License detail sheet
A-3 Pole rearrangement Diagram (optional)
B-1 Make Ready Cost Statement
B-2 Statement of Cost for Post Construction Clean-up
D-1 Application and Conduit Occupancy License
D-1-1 Application for addition to existing Conduit Occupancy License
D-2 Conduit System Diagram
D-2-E Conduit System Diagram Example
D-3 Cable to Occupy Conduit
D-4 Equipment Housing to be Placed in Manholes
E-1 Notification of Surrender of Pole Attachment License by Licensee
E-2 List of Poles to be removed from License
F-1 Notification of Surrender of Conduit Occupancy License by Licensee
F-2 List of Conduit Sections to be removed from License
--- See next sheet for necessary forms to be submitted when applying---
APPENDIX II
“NECESSARY FORMS TO BE SENT WHEN APPLYING”
NEW POLE ATTACHMENT APPLICATION - Send forms A-1 and A-2. Also send three (3)
copies of map(s), at least 200 scale, showing the
pole(s) and there location with Telephone and
Power numbers. Place a triangle and
sequentially number each pole that is on
application regardless of ownership.
ADDITION TO EXISTING POLE ATTACHMENT LICENSE - Send Forms A-1-1
and A-2 Also send (3) copies of map(s), at
least 200 scale, showing pole(s) and there
location with Telephone and Power number.
Place a triangle and sequentially number
each pole on the application regardless of
ownership
REMOVAL OF POLE(S) FROM EXISTING LICENSE - Send forms E-1 and E-2. Also
send map, at least 200 scale, showing
pole(s) and there location with the
Telephone and Power numbers.
CONDUIT FORMS
NEW CONDUIT OCCUPANCY APPLICATI0N - Send forms D-1,D-2,D-3 and D-4. Also
send three (3) copies of map(s) at least 200
scale, showing area being requested (see form D-2-E for example)
ADDITION TO EXISTING CONDUIT OCCUPANCY LICENSE - Send forms D-1-1, D-2
D-3 and D-4. Also send three (3) copies of map(s), at least 200 scale, showing area being
requested (see form D-2-E for example).
REMOVAL OF CONDUIT SECTION FROM EXISTING LICENSE - Send forms F-1
and F-2. Also send copy of map, at least
200 scale, showing location of conduit
section(s) being removed (see form D-2-E
for example).
NOTE: Simultaneous applications, with the above information, should be
sent to the Power and Telephone Company.
APPENDIX II
Form A-1
APPLICATION AND POLE ATTACHMENT LICENSE
In accordance with the terms and conditions of the License Agreement between us dated 2005, application is hereby made for a non-exclusive license to attach communications facilities to ___________
poles as indicated on Form A-2. Also included on Form A-2 are non- Verizon MD., owned poles where attachments also will be made. This request will be designated:
Pole Attachment Application Number_________________________________________
.
(Licensee)
By:________________________________________
(Signature of authorized person)
Its:________________________________________
(Title of authorized person)
Date:______________________________________
Telephone Number:__________________________
--------------------------------------------------
Pole Attachment License Number ____________is hereby granted to attach the communications facilities described in this application to________________ poles as indicated on the attached Form A-2.
Project #_______________ VERIZON MARYLAND INC.
(Licensor)
CWO #_____________ By:________________________________________
(Signature of authorized person)
Poles Its:________________________________________
Strand Map(s) #________ ________ (Title of authorized person)
________ ________
________ ________ Date:_______________________________________
________ ________
________ ________ Telephone Number:___________________________
Total Poles ________ ________
APPENDIX II
A-1-1
APPLICATION FOR ADDITION TO EXISTING POLE ATTACHMENT LICENSE
In accordance with the terms and conditions of the License Agreement between us, dated 2005
application is hereby made for a nonexclusive license to attach communications facilities to poles as
indicated on Form A-2. Also included on Form A-2 are non- Verizon MD., owned poles where attachments also will be made. This request will be designated:
Existing Pole Attachment License Number__________________________________
.
(Licensee)
By:____________________________________
(Signature of authorized person)
Its:____________________________________
(Titled of authorized person)
Telephone Number:______________________
--------------------------------------------------
The above pole attachment(s) is hereby granted and added to the existing Pole Attachment License Number _______________. The new total for this application are shown below and supersede previous issues.
Project #______________ VERIZON MARYLAND INC.
(Licensor)
CWO #____________ By:_____________________________________
(Signature of authorized person)
Poles Its:______________________________________
Strand Map(s) #_______ _______ (Title of authorized person)
_______ _______
_______ _______ Date:____________________________________
_______ _______
_______ _______ Telephone Number:_________________________
Total Poles _______
Form A-2 APPENDIX II
APPLICATION FOR POLE LICENSE
TO BE FILLED IN BY APPLICANT
VERIZON TYPE OF** OWNER *
LOC. MARYLAND POWER LOCATION ATTACHMENT OF
# POLE # POLE # OF POLE POL E
**A-ANCHOR C-CABLE D-DROPS G-GUY S-STRAND P-POWER SUPPLY *J-JOINT T-TELEPHONE P-POWER
Form A-3 APPENDIX II
POLE ARRANGEMENT DIAGRAM
VZ-MD POLE #______ POWER #______
MAP #____________ SHEET #________
LOCATION:_______________________________
_________________________________________
_________________________________________
POWER WORK REQUESTED:
_________________________________________
_________________________________________
_________________________________________
TELEPHONE WORK REQUIRED:
_________________________________________
_________________________________________
_________________________________________
CATV WORK REQUIRED:
_________________________________________
_________________________________________
_________________________________________
OTHER WORK REQUESTED:
_________________________________________
_________________________________________
_________________________________________
FORM PREPARED BY:_____________________
COMPANY:______________________________
DATE:___________________________________
Form B-1 APPENDIX II
MAKE READY COST STATEMENT
Following is a summary of the charges for the following application:
Pole Attachment Number_______________________________________________
or
Conduit Occupancy Application Number___________________________________
Cost $__________________________
Map(s) Number # of Make Ready’s VERIZON MARYLAND INC.
(Licensor)
_____________ __________________ BY:_______________________________________
_____________ __________________ (Signature authorized person)
_____________ __________________
_____________ __________________ Its:_______________________________________
_____________ __________________ (Title of authorized person)
_____________ __________________
_____________ __________________ Date:______________________________________
_____________ __________________ Telephone Number:__________________________
Total # of Make Ready’s _____________ CWO Number:__________________________
--------------------------------------------------
If within 45 days of above date this is not returned, with full payment of cost above, to the Verizon MD authorized person, the entire application shall be returned and considered canceled.
.
(Licensee)
By:____________________________________
(Signature of authorized person)
Its:____________________________________
(Title of authorized person)
Date:__________________________________
Telephone Number:______________________
Form B-2 APPENDIX II
STATEMENT OF COST FOR POST CONSTRUCTION CLEAN-UP
For your information, following is a summary of the charges for Post Construction Clean-Up work the following application:
Pole Attachment Application Number________________
or
Conduit Occupancy Application Number_______________
Cost $_______________
Map(s) Number # of Make Ready’s VERIZON MARYLAND INC.
(Licensor)
_____________ _________________ BY:____________________________________
_____________ _________________ (Signature of authorized person)
_____________ _________________
_____________ _________________ Its:_____________________________________
_____________ _________________
_____________ _________________ Date:___________________________________
_____________ _________________ Telephone Number:________________________
Total # of Make Ready’s:___________ CWO Number:________________________
--------------------------------------------------
This Form needs to be signed and returned to Verizon MD, within 30 days along with full payment of the cost above.
.
(Licensee)
BY:______________________________________
(Signature of authorized person)
Its:_______________________________________
(Title of authorized person)
Date:_____________________________________
Telephone Number:_________________________
Form D-1 APPENDIX II
APPLICATION AND CONDUIT OCCUPANCY LICENSE
In accordance with the terms and conditions of the license Agreement between us, dated 2005, application is hereby made for a license to occupy ________feet of conduit as shown on Form D-2, with the cable, equipment, and facilities specified on Forms D-3 and D-4. This request will be designated:
Conduit Occupancy Application Number______________________
All work will be billed monthly until completion of work unless other arrangements are agreed upon. The cost for the necessary work will be sent to you on Form B-1.
.
(Licensee)
BY:____________________________________
(Signature of authorized person)
Its:_____________________________________
(Title of authorized person)
Date:____________________________________
Telephone Number:________________________
--------------------------------------------------
Conduit Occupancy License Number ___________________is hereby granted to occupy ___________feet of Verizon MD’s conduit, as indicated on the attached Form D-2,with cable, equipment, and facilities specified on the attached Forms D-3 and D-4.
VERIZON MARYLAND INC.
(Licensor)
BY:______________________________________
(Signature of authorized person)
Its:_______________________________________
(Title of authorized person)
Date:_____________________________________
Telephone Number:_________________________
Form D-1-1 APPENDIX II
APPLICATION FOR ADDITION TO EXISTING CONDUIT OCCUPANCY LICENSE
In accordance with the terms and conditions of the License Agreement between us dated 2005, application is hereby made for a license to occupancy feet of conduit as shown on Form D-2, with the cable, equipment, and facilities specified on Forms D-3 and D-4. This request will be designated:
Existing Conduit Occupancy License Number_______________
All work will be billed monthly until completion of work unless other arrangements are agreed upon. The cost for the necessary work will be sent to you on Form B-1.
.
(Licensee)
BY:______________________________________
(Signature of authorized person)
Its:_______________________________________
(Titled of authorized person)
Date:_____________________________________
Telephone Number:_________________________
---------------------------------------------------
The above conduit occupancy is hereby granted and added to the existing Conduit Occupancy License Number _____________________________________. The new total for this application is shown below and supersede previous issues.
VERIZON MARYLAND INC.
(Licensor)
BY:_____________________________________
(Signature of authorized person)
New total footage of conduit Its:______________________________________
being utilized on this (Titled of authorized person)
application is _______ feet.
Date:____________________________________
Telephone Number:________________________
CWO Number:________________________
APPENDIX II
Form D-2
Licensee: .
Conduit Occupancy Application Number:__________________________________________________
CONDUIT SYSTEM DIAGRAM
NOTE: Letters (A, B, & C) -cable designation by type from Form D-3.
Numbers (1, 2,etc.) -number of cable(s) by section.
___________________________ -represents all cables in conduit section.
-pole
Form D-2-E APPENDIX II
Licensee: EXAMPLE OF INFORMATION NEEDED
Conduit Occupancy Application Number:_______________________________________________
CONDUIT SYSTEM DIAGRAM
SECOND STREET
95’
P.203 2-B 1-A AJAX.
BLDG.
65’
1-A
1-C
2-A
2-B 1-C
P. 210 88’
69’ 110’ FOURTH STREET
P.649
1-A ELM
1-C APTS. 175’
1-A
162’ 2-B
MAIN STREET FIFTH STREET
1-A
1-B
1-C 251’ 92’ 1-A 1-B 2-B
P.35 1-B
77’ 86’
226’
1-A
1-C 1-A P. 638
SIXTH STREET 127’
CITY FAIRVIEW
HOTEL APTS.
NOTE: Letters (A,B & C) - cable designation by type from Form D-3
Numbers (1,2, etc.) - number of cable(s) by section
- represents all cables in conduit section.
- pole
APPENDIX II
Form D-3
LICENSEE: .
CONDUIT OCCUPANCY APPLICATION NUMBER:________________________________________
CABLE TO OCCUPY CONDUIT
METALLIC MAX. MAX.
SHEATH TYPE VOLTAGE CURRENT TYPE
CABLE O. D. WT.LBS. OR SHIELD OF TO GND. IN ANY OF
ESIGNATION INCHES PER FOOT YES NO CABLE AC DC CONDUTOR JACKET
(A) (B) (C) (D) (D) (E) (F) (F) (G) (H) .
1.
2.
3.
4.
5.
6.
(A) CABLE DESIGNATION: Assign letter, alphabetically to each
different type of cable to be installed.
(B) O. D.INCHES: Outside diameter of the cable in inches.
(C) WT. LBS. PER FOOT: Self-explanatory.
(D) METALLIC SHEATH/SHIELD: Self-explanatory.
(E) TYPE OF CABLE: If coaxial cable show number of tubes.
If pair cable show pair size and gauge.
(e.g. 16-22)
(F) MAX. VOLTAGE TO GROUND: Self-explanatory.
(G) MAX.CURRENT IN ANY CONDUCTOR: Indicate voltage.
(H) TYPE OF JACKET: Enter type of material of the outer jacket
or sheath.(polyethylene, PVC or lead etc.)
APPENDIX II
Form D-4
LICENSEE: .
CONDUIT OCCUPANCY APPLICATION NUMBER:____________________________________
EQUIPMENT HOUSING TO BE PLACED IN MANHOLE
Location Type Heights Width Depth Weight
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
APPENDIX II
Form E-1
NOTIFICATION OF SURRENDER OF POLE ATTACHMENT LICENSE BY LICENSEE
In accordance with the terms and conditions of the License Agreement between us dated 2005, notice is hereby given that the license covering attachments to the following poles is surrendered
Effective Date .. See Form E-2 for the list of poles affected.
.
(Licensee)
BY:______________________________________
(Signature of authorized person)
Its:______________________________________
(Titled of authorized person)
Date:____________________________________
Telephone Number:________________________
---------------------------------------------------
The above pole attachment(s) is hereby removed the existing Pole Attachment License Number ____________________. The new total for this application are shown below and supersede previous issued.
Project #_________________ VERIZON MARYLAND INC.
(Licensor)
CWO #______________ BY:_____________________________________
(Signature of authorized person)
Poles Its:______________________________________
Strand Map(s) ________ _______ (Title of authorized person)
________ _______
________ _______ Date:____________________________________
________ _______
________ _______ Telephone Number:________________________
________ _______
________ _______
________ _______
Total Poles _______
Form E-2 APPENDIX II
LIST OF POLES TO BE REMOVED FROM LICENSE
(To be attached with Form E-1)
Pole # Date
Facilities
License Number VZ-MD Power Map Number Removed
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Form F-1 APPENDIX II
NOTIFICATION OF SURRENDER OF CONDUIT OCCUPANCY LICENSE BY LICENSEE
In accordance with the terms and conditions of the License Agreement between us, dated 2005 notice is hereby given that the license covering occupancy of the following conduit section is surrendered effective date ____________, . See Form F-2 for the list of conduit sections affected.
.
(Licensee)
BY:______________________________________
(Signature of authorized person)
Its:______________________________________
(Title of authorized person)
Date:____________________________________
Telephone Number:________________________
---------------------------------------------------
The above conduit occupancy is hereby removed from the existing conduit Occupancy License Number _________. The new total for this application is shown below and supersede previous issues.
Project #____________ VERIZON MARYLAND INC.
(Licensor)
CWO #__________ BY:____________________________________
(Signature of authorized person)
Footage Its:_____________________________________
Map(s) #___________ _________ (Title of authorized person)
___________ _________
___________ _________ Date:___________________________________
___________ _________
___________ _________ Telephone Number:_______________________
___________ _________
___________ _________
___________ _________
Total Footage _________
Form F-2 APPENDIX II
LIST OF CONDUIT TO BE REMOVED FROM LICENSE
(To be attached with Form F-1)
Location Footage
Removed
License Number From To And Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
12.
13.
14.
15.
APPENDIX III
THIS APPENDIX III, effective as of 2005 , is an integral part of the License Agreement between Verizon MD, INC. (“Verizon MD”) and .
(Licensee), dated 2005 .
Job Description Price
Labor Material
Place 25 foot pole $ 125.00 [1][2] $ 69.00
Place 30 foot pole 155.00 [1][2] 91.00
Place 35 foot pole 170.00 [1][2] 133.00
Place 40 foot pole 175.00 [1][2] 166.00
Place 45 foot pole 245.00 [1][2] 226.00
Place 50 foot pole 270.00 [1][2] 296.00
Place 55 foot pole 295.00 [1][2] 380.00
Place 60 foot pole 330.00 [1][2] 543.00
Push brace - all sizes 170.00 [1][2] 91.00
Remove 25 foot pole 40.00 [2]
Remove 30 foot pole 50.00 [2]
Remove 35 foot pole 65.00 [2]
Remove 40 foot pole 85.00 [2]
Remove 45 foot pole 115.00 [2]
Remove 50 foot pole 130.00 [2]
Remove 55 foot pole 145.00 [2]
Remove 60 foot pole 155.00 [2]
Remove foot brace (all sizes) 65.00 [2]
Set 25’ pole in rock by blasting 225.00 [1][2] 69.00
Set 30’ pole in rock by blasting 260.00 [1][2] 91.00
Set 35’ pole in rock by blasting 285.00 [1][2] 133.00
Set 40’ pole in rock by blasting 285.00 [1][2] 466.00
Set 45’ pole in rock by blasting 315.00 [1][2] 226.00
Set 50’ pole in rock by blasting 345.00 [1][2] 296.00
Set 55’ pole in rock by blasting 510.00 [1][2] 380.00
Set 60’ pole in rock by blasting 630.00 [1][2] 543.00
Set push brace in rock by blasting 225.00 [1][2] 91.00
Rock footage (per foot) pole price
+ 20%
Place < = ¾” rod anchor 90.00 [1][2] 24.38
(expanding)
Place = > 1” rod anchor 155.00 [1][2] 33.31
(expanding)
Place screw anchor (all types 70.00 [1][2] 45.45
and sizes)
Place Rock-Log-Plank anchor 145.00 [1] at cost
Place swamp anchor (all types and sizes)
(per foot) 11.00 [1] at cost
APPENDIX III
Job Description Price
Labor Material
Remove < = ¾” rod anchor 25.00
Remove = > 1” rod anchor 25.00
Remove screw anchor (all types
and sizes) 25.00
Remove Rock-log-Plank anchor 35.00
Remove swamp anchor (all types
and sizes) (per foot) 20.00
Remove Adapter 17.47 [1]
Place Adapter 12.16 [1]
Place Sidewalk Anchor 60.16
Set < = ¾ “ rod anchor in rock by
blasting (per foot) 90.00 [2] 24.38
Set = > 1” rod anchor in rock by
blasting (per foot) 155.00 [2] 33.31
Set screw anchor (all) in rock by
blasting (per foot) 210.00 [2] 45.41
Set Rock-Log-Plank anchor in rock
by blasting 265.00 [2] at cost
Place 6M downguy 35.00
Place 10M or larger downguy 45.00
Retention guy 25.00 [4]
Place guy shield 15.00
Bond (new & existing plant)
(per foot) 1.50 [5]
Install 6M overhead guy .50 [6]
Install 10M overhead guy .50 [6]
Install 16M overhead guy .50 [6]
Remove 6M or smaller guy 20.00
Remove 10M or larger downguy 25.00
25.00
Remove guy shield 7.50
Place < = 10M strand (per foot) .50 [6]
Place = > 16M strand (per foot) .50 [6]
Remove < = 10M strand (per foot) .25 [6]
Remove = >16M strand (per foot) .30 [6]
Move BD & BJ terminals 90.00
Attach Cable to Pole 38.78 [7]
Move balcony seats (platforms) 29.23
Move pedestals (buried plant) 30.02
Place cable extension arms 50.00
APPENDIX III
Job Description Price
Labor Material
Remove cable extension arms 25.00
Remove U. Guard 8.00
Move aerial cable, straight
line and corner, per attach 40.00
Move aerial cable, dead end,
per attach 50.00
Move aerial cable self-
supporting, per attach 50.00
Move strand only, per attach 25.00
Move vertical runs & associated
hardware (per foot) 6.00
Move buried plant on pole (each) 70.00
Move guys (all sizes) 25.00
Transfer downguy 25.00
Move anchors (all sizes) 110.00
Move cable extension arms 40.00
Move push brace 120.00
Transfer load coil or apparatus case 112.80
Move pole mounted terminal 50.00
Move multi-line wire and
terminals (all sizes) 15.00
Move C Rural wire and terminal 10.00
Move drop wire 10.00
Move bonding 2.50
Relocate buried cable in
conjunction with pole move
or replacement 6.00
Move pole 3 feet or less 160.00
Straighten pole 100.00
Relash cable 85.00
Retention strand 50.00
Step pole (per pole) 60.00
Restep pole (per pole) 30.00
Restencil pole or pedestal 4.00
Remove limb from tree where 130.00 [7]
greater than 3” diameter
APPENDIX III
NOTES
[1] The term “Adapter” is an attachment to an anchor rod, allowing placement of one additional down guy.
[2] Pole or anchor prices, as the case may be, are separately stated.
[3] The prices do not include paving removal and/or replacement, easement or right-of-way costs, complaint handling, or hand digging where power equipment cannot be used.
[4] Retention Guy - Verizon MD will invoice if CATV’S overtensioning of its CATV guy results in the need for re-tensioning of Verizon MD’s guy.
[5] Bond - Where bonding is required between CATV and Verizon MD, Verizon MD will bill for bonding based on the number of feet of bond wire needed.
[6] Place or Remove Strand - (All Sizes) - Verizon MD will bill a per foot price for strand placed whether it is employed as an overhead guy or a strand extension.
[7] Does not relate to attaching a “drop”.
[8] Remove Tree From Line - This price will apply where relocation of Verizon MD’s plant is necessary to make room for CATV and where the relocation causes actual contact with a tree. Verizon MD will not invoice for its own normal maintenance clearance problems.
APPENDIX IV
ENGINEERING UNIT PRICES
THIS APPENDIX IV, EFFECTIVE AS OF 2004, is an integral part of the License Agreement between Verizon MD , Inc., (“Verizon MD”) and (Licensee), dated 2004.
ART. VIII(A)(1) App. VI
(New Construction) (Old Post)
Zone A (Unit #1600) (Unit #1601)
$21.00 per pole $10.50 per pole
on application
Zone B (Unit #1602) (Unit #1603)
$16.00 per pole $8.00 per pole
on application
Below is the list of Verizon MD Central Office entities which comprise Rate Zone A. The Rate Zone are determined by Central Office Boundaries and the appropriate reference for precise zone boundaries are Central Office maps. Page 2 of this Exhibit is a Verizon MD Central Office identity map that that shows the Central Offices and the Rate Zones in which they are located. Verizon MD’s Licensee Engineering Contact will identify the pole numbers that divide the Central Office boundaries upon request.
Verizon MD Central Office Entities That Comprise Rate Zone A
Allentown Glen Burnie Wheaton
Arbutus Hamilton Wildwood
Arminger Hyattsville Wolfe
Beltsville Landover Wood Acres
Berwyn Lanham Woodlawn
Bethesda Laurel York Road
Bowie Liberty
Bradley Madison
Brooklyn Marlboro
Catonsville Montrose
Central Ave. Norbeck
Chapel Hill North Point
Chase Northwood
Chillum Oakdale
Church Road Owings Mill
Clarksville Oxon Hill
Cockeysville Parkville
Colesville Perry Hall
Columbia Pikesville
Downtown Baltimore City Randlallstown
Dundalk Reisterstown
Edmondson Riggs
Elkridge Rockville
Ellicott City Severna Park
Essex Silver Spring
Fork Suitland
Frankford Temple Hill
Friendship Towson
Gaithersburg University
APPENDIX V
LIST OF APPROVED CONTRACTORS
A. Contractors. The following aerial contractors are authorized to be used by the Licensee to perform Verizon MD make-ready under this Appendix V. during the term of this Agreement, Verizon MD shall have the right, in its sole and exclusive discretion, to modify the list by additions or deletions. Verizon MD will provide the Licensee with any modified list by ordinary mail. The modified list will be effective no sooner than five (5) days after mailing and will supersede all prior lists. Any Licensee may request modification of the list by writing to Verizon MD’s designated representative. Verizon MD shall have sole and exclusive discretion in determining whether the requested modification will be made. Verizon MD shall have no responsibility to the Licensee, any contractor or any third-party for any loss, expense or damage caused by, resulting from, arising out of or in any way connected with Verizon MD’s exercise of its discretion hereunder.
Aerial Services Inc.
P. O. Box 178
Parsonburg, Maryland 21849
Allegheny Construction Company
Box 217
Centre Hall, Pennsylvania 16828
AM Cable TV Industries, Inc.
P. O. Box 505
Quakerstown, Pennsylvania 18951
American Telecom Services, Inc.
322 S. 10th Street
Lebanon, Pennsylvania 17042
B&M Line Construction, Inc.
522 Underwood Lane
Bel Air, Maryland 21014
Burnup and Sims Cable comm., Inc.
Box 756
Lithonia, Ga. 30058
T.A. Chapman, Inc.
P. O. Box 627, Route 2
Milton, West Virginia 25541
D.V.M. Service, Inc.
R.D. #2
New Freeport, Pennsylvania 15352
Henkels & McCoy, Inc.
Bellcor Drive, Industrial Park
New Castle, Delaware 19720
Penn Line Service, Inc.
300 Scottsdale Avenue
P.O. Box 462
Scottsdale, Pennsylvania 15683
APPENDIX V
Rockingham Construction Company, Inc.
P. O. Box 808
Harrisonburg, Virginia 22801
Satterfield & Ryan
106 Dorman Street
Harrington, Delaware 19952
Southern Maryland Cable
P. O. Box 17
Tracy’s Landing, Maryland 20779
Stackhouse, Inc.
P. O. Box 1639
Goldsboro, North Carolina 27530
U.S. Utility Contractors Company Inc.
116 Mark Lane
Perrysville, Ohio 43551
B. Additional Terms. Licensee performing Verizon MD’s make-ready pursuant to Article VIII(A)(6) of this Agreement agree that:
1) Make-ready performed by the Licensee’s contractor shall be limited to Verizon MD’s poles,
anchors and guy strands.
2) The Licensee must obtain a copy of Verizon MD’s make-ready sheet for each pole upon which
the Licensee’s contractor is to perform Verizon MD make-ready. The Licensee shall require in their contract(s) with their contractor(s) that the contractor(s) complete all Verizon MD make-ready as specified in the make-ready sheet and strictly in accord with the Verizon MD’s Placing Methods Handbook and the applicable requirements of Article V of this Agreement.
3) The Licensee’s contractor(s) shall perform all of the make-ready work at the Licensee’s sole
risk.
4) The Licensee’s contractor(s) shall provide al materials necessary to perform the make-ready
work and the materials shall meet the specifications provided by Verizon MD.
5) The Licensee agrees that it has no right to perform Verizon MD make-ready work on poles, anchors or guy strand controlled by parties other than Verizon MD. If the Licensee seeks to perform Verizon MD make-ready on such poles or regarding such anchors it must obtain and provide Verizon MD with a legally sufficient written authorization from the pole owner to perform Verizon MD make-ready on the owner’s poles, anchors or guy strands.
(6) The Licensee shall indemnify, protect and save Verizon MD and its agents, servants, employees
and officers harmless from any and all claims, demands, causes of action, judgments, loss, injury, damages and costs, including attorneys fees incurred by any person (including the parties thereto), which result directly or indirectly from any act or omissions of its contractor or from its contractors performance of make-ready work under Article VIII)A)(6) of this Agreement. The Licensee shall require, in their contract(s) with any such contractor, that the contractor agree to indemnify told Verizon MD in accord with the provisions of this paragraph (6).
APPENDIX V
7) The Licensee shall obtain and maintain insurance and shall require its contractor to obtain and maintain, including endorsement insuring the indemnification provisions of paragraph (6) of this Appendix V, issued by an insurance carrier satisfactory to Verizon MD, to protect Verizon MD form and against all claims, demands, causes of action judgments, costs, including attorney’s fees, expenses and liabilities of every kind and nature which may arise or result, directly or indirectly, from or by reason of loss, injury or damage as provided for in paragraph (6). Such insurance shall include but not be limited to: (1) Comprehensive General Liability (Bodily Injury and Property Damage) Insurance including the following supplementary coverage: (a) Contractual Liability to cover liability assumed under this Appendix: (b) Product and Completed Operations Liability Insurance; ( c) Broad Form Property Damage Liability Insurance; with (d) Explosion, collapse and underground hazard exclusions deleted; and (2) Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall extend to owned, non-owned and hired automobiles used in any performance of work under Article VIII(A)(6) of this Agreement and shall be amended to comply with all applicable laws and regulations. Such insurance shall name Verizon MD as an additional insured.
8) The amounts of such insurance shall be no less than the following minimum amounts:
a) against liability due to damage to property the amount shall be not less than $1,000,000 as to any one occurrence and $3,000,000 aggregate, and
b) against liability due to injury or death of persons the amount shall not be less than $1,000,000 as to any
one person, not less than $2,000,000 as to any one occurrence, and not less than $3,000,000 aggregate.
9) The Licensee shall assume all liability to it employees, its contractors and their employees, under the applicable workmen’s compensation laws, and will insure of the Licensee’s liability in accordance with the provision of said laws. The Licensee further agrees that it will be responsible for the payment of any and all taxes, charges, contributions, or less provided for under any laws now or hereinafter enacted relating to unemployment insurance or compensation or old-age pension which may be imposed on the Licensee or Verizon MD by reason of the Licensee’s contractors performance of make-ready work pursuant Article VIII(A)(6) of this Agreement.
10) The Licensee shall submit to Verizon MD certificates by each insurance company insuring the Licensee and its contractor is required by this Appendix and each insurer to the Licensee and its contractor except after sixty (60) days written notice to Verizon MD. Original certificates of insurance required by this Appendix shall be provided to:
Verizon MD, Inc.
Engineer - Third Party Attachments
99 Shawan Road, Room 212B
Cockeysville, Maryland 21031
410-393-2288
APPENDIX V
11) All insurance required under this Appendix V must be effective before the Licensee’s contractor performs any Verizon MD make-ready work. The insurance shall remain in force until the Contractor ceases the performance of make-ready work under Article VIII(A)(6) of this Agreement. In the event that the Licensee and/or contractor shall fall to maintain the required insurance coverage, Verizon MD may pay any premium thereon falling due, and the Licensee shall forthwith reimburse Verizon MD for any such premium paid.
12) The Licensee shall require its contractors to agree to keep Verizon MD’s facilities free from any statutory or common law lien arising out of any work performed, materials furnished or obligations incurred by the License under Article VIII (A)(6). The Licensee and its contractors agree to defend, indemnify and hold Verizon MD harmless from and against any such liens, claims or actions, together with costs of suit, and reasonable attorney’s foes incurred by Verizon MD in connection with any such claim or action. In the event that there shall be recorded against Verizon MD’s facilities any claim of lien arising out of any Article VIII (A)(6) make-ready work and if such claim of lien shall not be removed of record within ten (10) days after notice is given by Verizon MD to the Licensee to do so, Verizon MD shall have the right to pay and discharge said lien without regard to whether such lien shall be lawful or correct. Upon demand, the Licensee shall reimburse any such claim paid by Verizon MD within thirty (30) days after written notice from Verizon MD.
13) The Licensee shall give Verizon MD prior written notice when terminating or canceling any agreement with any contractor performing Verizon MD make-ready work under Article VIII(A)(6) of this Agreements.
14) Neither the Licensee nor any contractor employed by the Licensee shall be an agent or employee of Verizon MD, and no such person shall at any time or in any manner whatsoever represent itself to be an agent or employee of Verizon MD. Further, Licensee Contractors, in performing any make-ready work, shall travel in vehicles which are marked clearly to identify the name and telephone number of the contractor.
14) If a Licensee at any time breaches any if the provisions of this Appendix, Verizon MD shall have the right to terminate the Licensee’s performance of Verizon MD make-ready pursuant to Article VIII (A)(6) on not less than five (5) days prior written notice without liability for any losses, damages or claims which may arise as a result of such termination.
APPENDIX VI
Poles
Post Construction Engineering of Already-Constructed
Facilities and Rebuilds
1) Applicability. This Part applies to all Licensee pole attachments made prior to March 1, 1990
which are not exempt from such inspection under paragraph 2 below.
2) Exemptions. Licensee pole attachments are exempt from post-construction engineering.
A) If the attachment has previously been subjected to Verizon MD post-inspection or post-
construction engineering under:
i) The Pole Attachment Contracts or their predecessors,
ii) The Agreement - Baltimore dated May 27, 1988 between Chesapeake &
Potomac Telephone Co. and United Cable Television of Baltimore L.P.
(the “Baltimore Agreement”).
i) The Agreement - - Annapolis dated June 10, 1988 between Chesapeake
& Potomac Telephone Co. and United CATV, Inc.
iv) This Agreement; or
B) If there is uncertainty whether inspection was completed, and there is reasonable evidence that an inspection was performed and that the Licensee’s construction was deemed to have satisfied Verizon MD’s then existing requirements; or
C) If Licensee construction is firmly scheduled for rebuild within eighteen (18) months
and is specified on the Licensee’s paragraph 4 map; or
D) If the parties agree to the exemption. Verizon MD will meet at a mutually convenient time with any Licensee to discuss what Verizon MD’s records show regarding pending post-inspection of that Licensee’s facilities.
3) Minimum Post-Construction Engineering. At a minimum, the parties shall perform post-
construction engineering of ten(10), miles of uninspected plant per month, or one- sixtieth
(1/60th) of a Licensee’s plant that is pending post-inspection per month, whichever is greater,
until all non-exempt plant is post inspected.
3) Annual Report. On or before the first of February of each year, each Licensee shall submit to
Verizon MD a Map of the areas for which the Licensee has firm plans to rebuild its facilities
during the following eighteen (18) months. On or before the first of March of each year,
Verizon MD shall provide each Licensee with a schedule of plant for post-construction
engineering for the succeeding twelve (12) months. To the extent practical, Verizon MD’s post-
engineering scheduling will commence with the Licensee’s earliest filed application and
construction conclude with the Licensee’s last filed application. Verizon MD shall make
reasonable efforts to schedule each year’s post-construction engineering to accommodate the
Licensee’s and Verizon MD’s business demands.
On written request, Verizon MD shall enter into a Confidentiality Agreement with the Licensee
which shall prohibit Verizon MD from disclosing or making any use of the Annual Report other
than for purposes of the post construction engineering process. A copy of the form of the
Confidentiality Agreement is attached to this Appendix as Exhibit 1.
5) Post-construction Engineering. Verizon MD shall perform post-construction engineering if all
poles to which the Licensee has attached facilities. This inspection shall identify the poles on which
remedial work by Verizon MD, the Licensee, and the electric utility(ies) of (if any) is required. The
Licensee shall pay Verizon MD, within thirty days of receipt of the bill, in accordance with the Unit
Price Schedule in Consolidated Appendix IV for the post-construction engineering for all poles
inspected. The payment shall precede the tri-party rideout described in paragraph 6 below.
6) Tri-Party. Verizon MD, the Licensee and the electric utility(ies) shall inspect each pole which the
inspection shows to need remedial work. Unless otherwise agreed by the parties, Verizon MD shall
perform the tri-party rideout within (30) days after receiving payment for the post-construction
engineering. During this inspection, Verizon MD, the Licensee and the electric utility(ies) shall (a)
determine the remedial work to be performed, and (b) assign responsibility for its performance and
cost. Verizon MD may conduct the post-construction engineering rideout without all parties if the
electric utility(ies), and/or the Licensee declines or fails to participate and the determinations of the
party(ies) present at the post-construction engineering inspection concerning cost responsibility and
corrective work shall be binding on the Licensee.
7) Issuance of Cost Estimate. Within fourteen (14) days after completion of the tri-party inspection,
Verizon MD will mail to Licensee a written Cost Estimate for Verizon MD work for which cost
responsibility has been assigned to the Licensee, (Form B-2, Appendix II).
8) Work Authorization. Within thirty (30) days after the date of mailing, the Licensee shall deliver to
Verizon MD the Licensee’s authorization to proceed with the work for which the Cost Estimate has
been issued together with full payment of the estimated cost (Form B-2, Appendix II).
9) Interim Checks. Mid-construction inspection by Verizon MD of any work undertaken by the
Licensee shall not be undertaken at the Licensee’s expense or in such a manner as to interfere with
or delay the Licensee’s construction.
10) Correction. Any failure to meet the standards of Article V shall be corrected by the party assigned performance responsibility under paragraph 6.
11) Correction by Verizon MD. Any deficiency involving the Licensee’s plant which the Licensee is
to corrected within ninety (90) days of the tri-party post-construction engineering rideout may be
completed by Verizon MD within one hundred eighty (180) days of the rideout at the Licensee’s
sole expense and risk and without liability to Verizon MD.
12) Rebuilds. Until provisions are negotiated concerning “rebuilds”, both Verizon MD engineering and
and construction will be charged to the involved Licensee on a time and material basis.
APPENDIX VI EXHIBIT 1
CONFIDENTIALITY AGREEMENT
In connection with a CATV License Agreement for Pole Attachments and/or Conduit Occupancy in the State of Maryland between Verizon MD, Inc., and . ., the Company has been requested to provide information and documents which are considered to be confidential, proprietary, privileged or in the nature of a trade secret by the Company. The Company desires to prevent such confidential information from being publicly disclosed or used for any purpose other than those intended by the Settlement Agreement. For the above reason, the parties hereto agree as follows:
1) The maps and explanatory furnished pursuant to Appendix VI, ( 4, of the
License Agreement between Licensee and Verizon MD that are specifically and prominently marked as “Confidential Information - Appendix VI”, are claimed in good faith by the Company to be a trade secret, privileged, proprietary or confidential, are not generally available to the public, and which the Company desires to protect against unrestricted disclosures or competitive use (hereinafter referred to as “Confidential Information”) shall be treated as confidential by all persons accorded access thereto by Verizon MD under this Agreement. No person accorded access to any Confidential Information by reason of this Agreement shall use such information for any purpose other than the purposes of scheduling post-construction engineering and then solely as contemplated by the parties. Every person accorded access to Confidential Information shall use his or her best efforts to keep the Confidential Information secure and shall not disclose it or accord access to it to any other person not authorized by this Agreement to obtain Confidential information.
2) Confidential Information shall be made available by the Company solely to Verizon MD’s Engineer Third-Party Attachments J.W. Blum, 99 Shawan Road Room 212B, Cockeysville, Md. 21030, or his successor as designated by Verizon MD pursuant to Article XXII, provided, however, that access to any specified Confidential Information may be authorized by Verizon MD’s counsel, solely for the purposes of scheduling post-construction engineering, to such other persons as are necessary therefore, provided that such person signs Attachment A, appended hereto. The identity and affiliation of such person shall be disclosed to the Company prior to any such access.
3) Prior to giving access to any Confidential Information to any other persons,
counsel for Verizon MD shall deliver a copy of this Agreement to such person and shall obtain a written agreement in the form attached hereto as Attachment A by which said person shall agree to comply with and be bound by this Agreement.
4) No copies of Confidential information shall be made. Verizon MD’s Engineer Third-party Attachments and other properly designed persons who have agreed in writing to be bound by this Agreement may take notes regarding such Confidential Information as may be necessary solely for the purposes of Appendix VI. Such notes shall be treated in the same manner as the Confidential Information from which the notes were taken and shall not be used for any purpose other than the scheduling of post-construction engineering.
4) The obligations imposed upon Verizon MD herein shall not apply to Confidential Information whether or not designated as “Confidential Information - Appendix VI”.
a) which is made public by the Company;
b) which is already in the possession of the Verizon MD and not subject to an existing agreement for confidence between the parties;
c) which is received from a third party without restriction and without breach
of this Confidential Agreement;
d) which is independently developed by the Verizon MD as evidenced by its
records; or
e) which is disclosed pursuant to a valid order of a court or other governmental body or any
political subdivision thereof; PROVIDED, HOWEVER, that Verizon MD shall first have
given notice to the Company and made a reasonable effort to obtain a protective order
requiring that the Confidential Information so disclosed be used for the purposes for
which the order was issued.
6) Nothing contained in this Non-Disclosure Agreement shall be construed as granting or conferring any rights by license or otherwise in any Proprietary Information.
7) Confidential Information provided subject to the terms of this Agreement shall
not used in any manner inconsistent with the terms of this Protective Agreement. The scheduling of post construction engineering based on the provision of Appendix VI shall not be breach of this Agreement.
8) Upon completion of the scheduling, all Confidential Information furnished under the terms of this Agreement shall be returned to the Company. Any notes taken with regard to such information shall be destroyed and all parties having such notes shall advise the Company in writing when this has been done.
VERIZON MARYLAND INC.
LICENSOR
. .
LICENSEE
Attachment A
PROCTECTIVE AGREEMENT
The undersigned serves as an employee of Verizon MD - Inc. In connection with the work which I am performing, I am to be given access to certain confidential material of
_. . provided under Protective Agreement. A copy of the Protective Agreement executed by counsel for the parties in this docket has been delivered to me.
I have read that Agreement and I agree to comply with and be bound by its terms.
Dated: _________________
Title
................
................
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