POLE ATTACHMENT STANDARDS - CPS Energy
CPS EnergyPole Attachment StandardsCPS ENERGYPOLE ATTACHMENT STANDARDSVersion 1.0 – DRAFT for Comments (17 Feb 2016)Issued Date: May 1, 2016 (Proposed)Effective Date: August 1, 2016 (Proposed))Revision: 1.0DRAFT for REVIEWRevision Date: Draft – February 17, 2016Effective Date: August 1,2016 (Proposed)Page: Appendix - i
CPS EnergyPole Attachment StandardsII.GENERAL ADMINISTRATIVE PROVISIONSA. DefinitionsFor the purposes of these Standards, the following terms, phrases, words, and theirderivations, shall have the meaning given herein. When not inconsistent with the context,words used in the present tense include the future tense, words in the plural numberinclude the singular number, and words in the singular number include the plural number.The words “shall” and “will” are mandatory and “may” is permissive. Words not definedshall be given their common and ordinary meaning.1.Affiliate means, when used in relation to an Attaching Entity, another entity thatowns or controls, is owned or controlled by, or is under common ownership orcontrol with the Attaching Entity.2.Applicable Engineering Standards means all applicable engineering and/orsafety standards governing the installation, maintenance and operation of facilitiesand the performance of all work in or around CPS Energy’s Facilities and includesCPS Energy’s clearance standards, the National Electrical Safety Code (NESC),the National Electrical Code (NEC), the Texas Health & Safety Code, Chapter 752(Vernon 1992) and any subsequent amendments which relate to the maintenance ofproper clearances and related safety issues, the regulations of the OccupationalSafety and Health Act (OSHA), applicable regulations of the FederalCommunications Commission (FCC), the Environmental Protection Agency(EPA), lawful requirements of Public Authorities, and/or other requirements ofCPS Energy that are non-discriminatory to Attaching Entity as compared to allOther Attaching Entities.3.Application means a complete Application for a Permit submitted by an AttachingEntity to CPS Energy for the purpose of requesting consent to install an Attachmentor Overlash onto a CPS Energy Pole. The maximum number of Poles to beconsidered on a single Application is one-hundred twenty (120) Poles.4.Application Fee means the non-refundable fee described in Section II.K andAppendix H of these Standards, compensating CPS Energy for the administrativeand other work required to process and review an Application.Revision: 1.0DRAFT for REVIEWRevision Date: Draft- February 17, 2016Effective Date: August 1, 2016 (proposed)Page: 3Commented [MP1]: AT&T Texas does not charge anapplication fee, because commensurate with accountingstandards, the time spent processing the application isaccounted for in the annual recurring rate calculation. IfCPS can demonstrate that its accounting will ensure thesecosts are segregated, AT&T would be willing to discusswhat a fair amount for an application fee would be.
CPS EnergyPole Attachment Standards5.Application Form means the form provided in Appendix B which every AttachingEntity is required to submit to CPS Energy, along with all applicable documents,as part of a complete Application in order to request a Permit.6.Attaching Entity means any eligible public or private entity that places anAttachment on a CPS Energy Pole, in accordance with CPS Energy’s applicablerequirements, including a Pole Attachment Agreement and these Standards, toprovide Communications Service.7.Attachment means (a) each aerial cable together with its associated Messengercable, guy wire, anchors, and associated hardware, and each amplifier, repeater,receiver, appliance or other device or piece of equipment, whether comprised ofsteel, aluminum, copper, coaxial, optical fiber, or other media or material, affixedto a CPS Energy Pole and utilized to provide Communications Services; and (b)any hardware or equipment identified in Section II.A.15. An Attachment occurswhether Attaching Entity’s Communications Facilities are connected to the Poleitself or are supported by an Attachment Arm, bracket, support stand, or othersupport devices, provided however that Overlashing an existing PermittedAttachment and Service Drops shall not count as separate Attachments. Thisdefinition shall not apply to communications wires or facilities installed by CPSEnergy for its own internal communications requirements or energy InformationServices such as automated meter reading. Attaching Entity’s payment of theappropriate fees and charges required by Section II.I and Appendix H permitsAttaching Entity to make one Attachment to a Pole.8.Attachment Arm means a CPS Energy approved metal or fiberglass bracket usedto support attaching wires away from the face of the Pole in order to meet requireddistances and clearances.9.Attachment Connection Fee means the annual rental payment assessed by CPSEnergy to each Attaching Entity determined by multiplying the Attachment Rateby the total number of Poles with at least one Permitted Attachments forby theAttaching Entity.10. Attachment Rate means the annual rate per Pole determined by CPS Energyconsistent with Texas Utilities Code, §54.204(c).11. Cable Services means the provision of one-way transmission to subscribers ofvideo programming, or other programming service, and subscriber interaction, ifany, which is required for the selection or use of such video programming or otherRevision: 1.0DRAFT for REVIEWRevision Date: Draft- February 17, 2016Effective Date: August 1, 2016 (proposed)Page: 4
CPS EnergyPole Attachment Standardsprogramming service by a cable system. Cable Services shall not includeInformation Services or Video Services, as defined in the Texas Utilities Code §66.002.12. City means the City of San Antonio, Texas.13. Capacity means the ability of an existing Pole to accommodate an additionalAttachment or Overlash based on Applicable Engineering Standards, includingspace, design, and loading considerations.14. Collection Notice Letter means a letter of notification produced by the CPSEnergy Claims Department itemizing charges owned to CPS Energy as a result ofdamages to CPS Energy Facilities caused by an Attaching Entity, or its contractors,subcontractors, and agents. This letter constitutes CPS Energy’s tender forrecovery of all costs associated with repairs to the damaged facilities.15. Communications Facilities means wire or cable facilities including, but notlimited to, fiber optic, copper and/or coaxial cables or wires utilized by an AttachingEntity to provide Communications Services, including any and all associatedequipment. Communications Facilities also include a Messenger or other materials,appurtenances, or apparatus of any sort necessary or desirable for use in theprovision of an Attaching Entity’s Communications Services. CommunicationFacilities shall not include antennas or wireless radio transceivers.16. Communications Services means the provision of Telecommunications Services,Cable Services, Video Services, or Information Services over wire or cablefacilities utilizing Attachments to utility Poles.17. Communications Space means the portion of a Pole’s usable space designated forthe installation of Communications Facilities, the top of which is forty (40) inchesbelow CPS Energy’s Neutral or lowest grounded messenger line.18. Complex Transfer means the transfer or relocation of a third-party Attachment orOverlash onto a CPS Energy Pole that will result in a network and/or customeroutage to the Attaching Entity that owns the Attachment or Overlash subject totransfer; or the transfer or relocation of such an Attachment or Overlash locatedover and across a state or federal highway.19. CPS Energy Facilities means all personal property and real property owned orcontrolled by CPS Energy, including Poles.Revision: 1.0DRAFT for REVIEWRevision Date: Draft- February 17, 2016Effective Date: August 1, 2016 (proposed)Page: 5
CPS EnergyPole Attachment Standards20. Deployment Plan means a document prepared by an Attaching Entity that shallinclude: (1) footprint of the network buildout illustrated in a map depicting themunicipal jurisdiction, or parts thereof, within the CPS Energy service areaexpected to be covered by the project; (2) overall network deployment scheduleand phasing; (3) map of backbone fiber rings routes, if any; (4) description ofoverall physical plant architecture and design; (5) description of typical ServiceDrop installations; (6) estimated number of Poles expected to be attached toincluding a reasonable “ramp-up” and “ramp-down” plan; (7) project and corporateorganizational chart for the Attaching Entity; and (8) signature page attesting to theveracity of the Development Plan executed by an authorized officer of theAttaching Entity.21. Electrical Space or Supply Space means the upper portion of a Pole reserved forthe installation of electric distribution facilities to support existing and plannedelectric distribution equipment.22. Emergency means a situation exists which, in the reasonable discretion of CPSEnergy or the Attaching Entity, if not remedied immediately, will result in a threatto public safety, a hazardous condition, damage to property or a service outage.23. Engineer means any licensed professional engineering firm approved by CPSEnergy to complete Engineering work on CPS Energy Facilities.24. Information Services means the offering of a capability for generating, acquiring,storing, transforming, processing, retrieving, utilizing, or making availableinformation via telecommunications, and includes electronic publishing and cablemodem service, but does not include any use of any such capability for themanagement, control, or operation of a telecommunications system or themanagement of a telecommunications service.25. Inventory means a complete count of all Attachments, both authorized andUnauthorized Attachments, on CPS Energy-owned Poles in the CPS Energy serviceterritory.26. Make-Ready Charges means all reasonable administrative, engineering design,construction, inspection, and management charges associated with Make-ReadyWork.Revision: 1.0DRAFT for REVIEWRevision Date: Draft- February 17, 2016Effective Date: August 1, 2016 (proposed)Page: 6Commented [MP2]: AT&T requests that this requirementbe modified so that CPS Energy recognizes the technicalacumen of AT&T OSP Design Engineers. This may requireupdates throughout the standards, but hopefully we canmodify here in such a way as to avoid that.
CPS EnergyPole Attachment Standards27. Make-Ready Communication Construction means that portion of Make-ReadyWork associated with construction work requiring access to CommunicationFacilities within the Communication Space of a Pole, including the movement,transfer, relocation, or modification of an existing Attachment or Overlash; thereplacement of a Pole; and all other construction activities necessary toaccommodate the installation of a new Attachment or Overlash. Make-ReadyCommunications Construction shall include, where applicable, the nexus betweenaerial and underground construction.28. Make-Ready Electrical Construction means that portion of Make-Ready Workassociated with construction work requiring access to CPS Energy Facilities withinthe Electrical Space or Neutral Space of a Pole, including the movement, transfer,relocation, or modification of CPS Energy electric distribution facilities; thereplacement of a Pole; and all other construction activities necessary toaccommodate the installation of a new Attachment or Overlash. Make-ReadyElectrical Construction shall include, where applicable, the nexus between aerialand underground construction.29. Make Ready Engineering means that portion of Make-Ready Work associatedwith the preparation of engineering design documents by a qualified and registeredprofessional engineer, including but not limited to, the Pre-Construction Survey;the engineering design for Make-Ready Electrical Construction and Make-ReadyCommunications Construction; and the submission of such design documents toCPS Energy for review, potential modification, and approval. Make-ReadyEngineering shall include, where appropriate, engineering design specificationsrelated to the nexus between aerial and underground construction ofCommunications Facilities as part of Make-Ready Communications Constructionand of electrical distribution facilities as part of Make-Ready ElectricalConstruction.30. Make-Ready Work means all work which is required to accommodate anAttaching Entity’s Attachment or Overlash onto a Pole in compliance with allApplicable Engineering Standards. Such work includes, but is not limited to, MakeReady Engineering, Make-Ready Electrical Construction, and Make-ReadyCommunications Construction, , along with Application review, engineering designdocuments review, engineering work, construction work, permitting work, treetrimming (other than tree trimming performed for normal maintenancepurposes), Pole replacement, and the Post-Construction Survey.Revision: 1.0DRAFT for REVIEWRevision Date: Draft- February 17, 2016Effective Date: August 1, 2016 (proposed)Page: 7
CPS EnergyPole Attachment Standards31. Mass Deployment — High Volume Process means the available and voluntaryApplication submission and Permit approval process applicable to a broadbandnetwork deployment within the CPS Energy service area characterized by anAttaching Entity’s submission of Applications to attach or Overlash to Poles at arate of eight-hundred (800) or more Poles per month; and assumption of theresponsibility to prepare Make-Ready Engineering, manage Make-ReadyElectrical Construction and Make-Ready Communications Construction, and incurall expenses associated with Make-Ready Work.32. Mass Deployment — Medium Volume Process means the available andvoluntary Application submission and Permit approval process applicable to abroadband network deployment within the CPS Energy service area characterizedby an Attaching Entity’s submission of Applications to attach or Overlash to Polesat a rate of four- hundred (400) or more but less than eight-hundred (800) Poles permonth; and assumption of the responsibility to prepare Make-Ready Engineering,manage Make-Ready Communications Construction, the option to manage MakeReady Electrical Construction, and incur all expenses associate with Make-ReadyWork.33. Messenger means any cable owned by an Attaching Entity extending betweenPoles which is used as support for Communication Facility.34. National Electric Safety Code (NESC) means the current edition published by theInstitute of Electrical and Electronic Engineers (IEEE) as may be amended orsupplemented from time-to-time.35. Neutral means the conductor used to carry unbalanced current. In single-phasesystems, the conductor used for a return current path.36. Neutral Space means that space on a Pole measured from the location of theNeutral to a location forty (40) inches below the Neutral.37. Notice of Dispute Form means the form that an Attaching Entity must use todispute CPS Energy’s determination of liability associated with a claim fordamages caused to CPS Energy Facilities by the Attaching Entity, or its contractors,subcontractors, and agents. This form is provided in Appendix J.Revision: 1.0DRAFT for REVIEWRevision Date: Draft- February 17, 2016Effective Date: August 1, 2016 (proposed)Page: 8Commented [MP3]: Cost causer pays for all associatedMake-Ready Work regardless of classification of theApplication process.
CPS EnergyPole Attachment Standards38. Occupancy means the use or specific reservation of Assigned Space forAttachments or Overlash on the same CPS Energy Pole.39. One-Touch Transfer mean the transfer, relocation, or alteration of third-partyCommunication Facilities whether conducted by an Attaching Entity or CPSEnergy subject to the requirements of described in Section IV.B.5.40. Overlash (or Overlashing) means to place an additional wire or cableCommunications Facility onto an existing Attachment or Messenger alreadysecured to the Pole in order to accommodate additional wire or cableCommunications Facility capacity.41. Pedestals/Vaults/Enclosures means above- or below-ground housings that areused to enclose a cable/wire splice, power supplies, amplifiers, and passive devicesand/or provide a service connection point and that shall not be attached to CPSEnergy Poles.42. Permit (or License) means the written or electronic authorization from CPSEnergy approving an Application to make or maintain an Attachment or Overlashto a specific CPS Energy Pole pursuant to the requirements of the Pole AttachmentAgreement and these Standards.43. Pole means an electric distribution system utility pole owned by CPS Energycarrying secondary voltages and/or primary phase to neutral voltages of up to andincluding 20kV that is capable of supporting Communications FacilitiesAttachments.44. Pole Attachment Agreement (or Agreement) means an executed agreementbetween CPS Energy and a Requestor which adopts and incorporates theseStandards by reference, and under which the Requestor agrees to abide by the termsand conditions of such as well as the duties and obligations set out in theseStandards. Such an Agreement shall include additional legal protections andobligations of the parties not specifically related to terms of access to Poles andAttachment Rates which are covered in the Standards.45. Pole Attachment Standards (or Standards) means these “CPS Energy PoleAttachment Standards” with an initial effective date of August 1, 2016, and asamended from time to time.Revision: 1.0DRAFT for REVIEWRevision Date: Draft- February 17, 2016Effective Date: August 1, 2016 (proposed)Page: 9
CPS EnergyPole Attachment Standards46. Post-Construction Inspection means the survey inspection required by CPSEnergy to determine and verify that the Make Ready Electrical Construction, MakeReady Communications Construction and all other Make-Ready Work, includingthe installation of an Attachment or Overlash was made in accordance withApplicable Engineering Standards, the Application, and all other Permitrequirements.47. Pre-Construction Survey means the field survey and all other work and operationsrequired by Applicable Engineering Standards to determine the Make-Ready Worknecessary to accommodate an Attaching Entity’s Communications Facilities onto aPole. Such work includes, but is not limited to, field inspection and administrativeprocessing. The field survey to be done prior to preparation of Make-ReadyEngineering shall be conducted by the Attaching Entity’s Engineer or otherqualified employee or agent.48. Registration Form means the initial registration document that must be submittedby a Requestor in order to enter into a Pole Attachment Agreement with CPSEnergy, and which must be updated annually by October 31 thereafter or as changeswarrant.49. Requestor means an eligible entity that submits a Registration Form in order toenter into a Pole Attachment Agreement with CPS Energy under which it maysubmit Applications for Permits to access CPS Energy’s Poles for the purpose ofinstalling Attachments or for Overlashing.50. Reserved Capacity means Capacity or space on a Pole that CPS Energy hasidentified and reserved for its own CPS Energy core electric utility servicerequirements, including space for any and all associated internal communicationsfunctions that are essential to the proper operations of such core electric utilityservice, pursuant to reasonable projected need.51. Safety Violation means a violation of the Applicable Engineering Standardswhich: (a) is reasonably expected to endanger life or property; or (b) poses apotential safety risk to any employee, contractor, or to the general public.52. Service Drop or Non-Guyed Service Drop means a single wired drop installed toprovide Communications Service to an individual customer measured from thecustomer premises to the closests available Pole without requiring any additionalanchors or guys to comply with all
CPS Energy Pole Attachment Standards 5. Application Form means the form provided in Appendix B which every Attaching Entity is required to submit to CPS Energy, along with all applicable documents, as part of a complete Application in order to request a Permit.
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