STAGES OF APPLICATION PROCESS FOR CONDUIT ACCESS PROVIDED UNDER TARIFF

STAGE

/ RESPONSIBILITY OF /

ACTIONS NEEDED

1 / Occupant / Contact Verizon - Pole and Conduit Administrator (PCA) as specified in Tariff No. 303, Section T.
2 / PCA / Forwards…
  • 2 copies of Authorization for Conduit Availability Study.
  • 2 copies of Application and Conduit Occupancy Authorization and sample.
  • 1 copy of Tariff No. 303

3 / Occupant / Provides requested information, signs all documents and returns to PCA for processing.
4 / PCA / Acknowledges receipt of Application and forwards the Authorization for Conduit Availability Study for retention in Occupant's file.
Logs Application into PACTS system and forwards to Engineer for survey.
5 / Engineer (Verizon) / Completes a record search for conduit availability noting (1)make-ready work is not required; (2) make-ready work is required and estimated cost; (3) denial (whichever is applicable), and returns to PCA.
6 / PCA / Notifies occupant of result of survey and if make-ready work is required, prepares Estimated Summary of Costs -- Conduit Make Ready and forwards to Occupant for approval.

Pa. P.U.C.-No. 303

Fourth Revised Title Sheet

Canceling Third Revised Title Sheet

ATTACHMENT 3

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

REGULATIONS AND SCHEDULES OF CHARGES

Applying to the provision of conduit space within the operating territory of Bell Atlantic -Pennsylvania, Inc.

ISSUED MARCH 12, 1997

EFFECTIVE MAY 11, 1997

By William J. Mitchell, Vice-President, 1717 Arch St., Philadelphia, Pa.

Pa. P.U.C.-No. 303

Preface

Original Sheet 1

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

The name of The Bell Telephone Company of Pennsylvania has been changed to Bell Atlantic-Pennsylvania, Inc.

ISSUED DECEMBER 8, 1993 EFFECTIVE FEBRUARY 6, 1994.

By Daniel J. Whelan, Vice-President, 315 N. 2nd St., Harrisburg, Pa

Pa. P.U.C.-No. 303
1st Revised Sheet 2
Canceling Original Sheet 2

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

TABLE OF CONTENTS

Sheet
Advance Payment 8 (C)
Application for, and Issuances of, Authorizations 10
Assignment of Rights 19
Authorization Not Exclusive 19

Construction, Maintenance and Removal of Communications Facilities 12(C)

Contractors 15
Definitions 3
Failure to Enforce 20 (C)
Inspection of Occupant’s Communications Facilities 13
Insurance and Guarantee 18
Interruption of Service 15
Legal Requirements 9
Liability and Damages 16
Make-Ready Requirements 11 (C)
Notices 21

Rates and Charges

Occupancy Rates 5
Occupant’s Performance Obligations 7
Other Charges 7 (C)
Payments of Rates and Charges 7

Scope of Tariff 5
Specifications 8
Termination of Authorizations 20 (C)

Unauthorized Occupancy 14
(C)Indicates change.

ISSUED MAY 29, 1985.EFFECTIVE JUNE 3, 1985.

By J. J. Doherty, Jr., Director, One Parkway, Philadelphia, Pa.

In compliance with the Order of the Pennsylvania Public Utility Commission of May 17, 1985 in R—842772.

Pa. P.U.C.-No. 303

Fifth Revised Sheet

Canceling Fourth Revised Sheet 1

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

 (C)

ISSUED DECEMBER 1, 1995 EFFECTIVE (JANUARY 31, 1996)

MARCH 31, 1999

Pa. P.U.C.-No. 303

1st Revised Sheet 3

Canceling Original Sheet 3

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

A.DEFINITIONS APPLICANT

APPLICANT

An entity which has applied for Company Authorization to occupy space in Company’s conduit system.

AUTHORIZATION

A formal Company document listing in detail those ducts which Occupant may occupy.

CHARGES

As defined in C.2.a. following, all payments required of Occupant under this Tariff, other than rates.

COMMUNICATIONS FACILITIES

The cable and associated equipment and hardware utilized by Occupant in the transport of electrical or optical signals.

COMPANY

The Bell Telephone Company of Pennsylvania.

CONDUIT SYSTEM

Any combination of ducts, conduits, manholes, handholes and vaults joined to form an integrated whole, which is owned solely or in part by Company.

DUCT

An enclosed raceway for communications facilities.

FULL COST AND EXPENSE

All phases of construction and engineering work performed by Company or its contractors to accommodate and to continue to accommodate Occupant safely in Company’s conduit system.

GOVERNMENTAL AGENCY

Any agency or instrumentality of the federal, state or local government that is concerned with the public health, safety and welfare, excluding, however, any such agency or instrumentality insofar as it owns or operates a cable television system.

(C) Indicates change.

ISSUED MAY 29, 1985.EFFECTIVE JUNE 3, 1985.

By J. J. Doherty, Jr., Director, One Parkway, Philadelphia, Pa.

In compliance with the Order of the Pennsylvania Public Utility Commission of May 17, 1985 in R—842772.

Pa. P.U.C.-No. 303
1st Revised Sheet 4
Canceling Original Sheet 4

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

A.DEFINITIONS (Cont’d)(C)
INNERDUCT

An enclosed raceway within a duct for a communications facility.

JOINT OWNER

An entity having an ownership interest in a conduit system with Company.

JOINT USER

An entity who owns a conduit system in whole or in part and (i) who has extended or may hereafter extend joint use privileges to Company in its conduit system or (ii) to whom Company has extended or may hereafter extend joint use privileges in Company’s conduit system.

MAKE-READY SURVEY

Company survey of conduit system to determine availability of duct space to accommodate Applicant’s communications facilities.

MAKE-READY WORK

All work, including, but not limited to, rearrangement, repair, and clearing of existing facilities in a conduit system, or any other changes

required to be made to accommodate Occupant’s communications facilities in Company’s conduit system.

MANHOLE

An opening in a conduit system which persons may enter for the purpose of installing and maintaining communications facilities.

OCCUPANT

Entity which has applied for, and been granted, Authorization by Company to occupy space in Company’s conduit system. As used in K. following, Occupant may mean entity occupying space in Company’s conduit system without Authorization from Company. Occupant may also mean Applicant as defined preceding.

OTHER OCCUPANT

Any entity, other than Occupant herein to which Company has or hereafter shall extend the privilege of occupying Company’s conduit system.

RATE

An annual fee paid by Occupant to Company for the total feet of conduit occupied by Occupant.

ISSUED MAY 29, 1985.EFFECTIVE JUNE 3, 1985.

By J. J. Doherty, Jr., Director, One Parkway, Philadelphia, Pa.

In compliance with the Order of the Pennsylvania Public Utility Commission of May 17, 1985 in R—842772.

Pa. P.U.C.-No. 303
2nd Revised Sheet 5
Canceling 1st Revised Sheet 5

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

B. SCOPE OF TARIFF

1.Subject to the provisions of this Tariff, Company agrees to issue to Occupant for any lawful communications purpose, revocable, non—exclusive Authorizations permitting the placing of Occupant’s communications facilities in Company’s conduit system within the right-of-way permitted by public or private property owners for Occupant’s use.

2.No use, whatever its duration, of Company’s conduit system or payment of any rates or charges required under this Tariff shall create or

vest in Occupant any ownership or other property rights in such conduit system. Occupant’s rights herein shall be and remain a mere license. Neither this Tariff nor any Authorization granted hereunder shall constitute an assignment of any of Company’s rights to use the public or private property at the location of Company’s conduit system.

3.Nothing contained in this Tariff shall be construed to compel Company to construct, retain, extend, place or maintain any conduit system or other facilities not needed for Company’s own service requirements.

4.Duct space authorized to be occupied pursuant to this Tariff is for Occupant’s use only. Occupant shall not sublease, share with, or resell to others said duct space. Occupant shall not alter the space authorized for occupancy pursuant to this Tariff.

5.Nothing contained in this Tariff shall be construed as a limitation, restriction, or prohibition against Company with respect to any agreement(s) and arrangement(s) which Company has heretofore entered into, or may in the future enter into, with others regarding Company’s conduit systems. The rights of Occupant shall at all times be subject to any such agreement(s) or arrangement(s), including but not limited to any joint user, joint owner or governmental agency not subject to this Tariff.

6.This tariff does not apply to Cable Television (CATV) Companies pursuant to the Pa. P.U.C. Opinion and Order in Docket No. R-842772C001, et. al. adopted on March 26, 1987 and entered on November 17, 1987.

C. RATES AND CHARGES

1.OCCUPANCY RATES

a.General

(1)Occupancy rates commence on the first day of the calendar month following the date the Authorization is issued. Such rates cease as of the final day of the calendar month preceding the month in which the removal of the communications facilities is completed by Occupant or by Company.

(2)Rates shall be payable monthly in advance.

(C)Indicates change.


ISSUED FEBRUARY 10, 1988.EFFECTIVE APRIL 10, 1988.

By J. J. Doherty, Jr., Vice-President, One Parkway, Philadelphia, Pa.

Pa. P.U.C.-No. 303
2nd Revised Sheet 6
Canceling 1st Revised Sheet 6

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

C. RATES AND CHARGES (Cont’d)

1.OCCUPANCY RATES (Cont’d)

a.General (Cont’d)

(3)For the purpose of computing the total conduit occupancy rates due hereunder, the total rate shall be based upon the number of duct feet for which Authorizations have been issued. The first advance payment of the annual rate for Authorizations issued under this Tariff shall include a proration from the first day of the month following the date the Authorization was issued to the first regular monthly payment date.

(4)To the extent that Company and Occupant occupy duct owned by each other, only a net payment shall be made by one to the other.

(5)A Surcharge applies to the rates for this service, pursuant to Pa. P.U.C.-No. 1, Section 1, General Regulations, Paragraph 1.

b.Occupancy Rate

For the purpose of computing the total annual rate due, the length of duct considered occupied shall be measured from the center to center of manholes, or from the center of a manhole to the end of Company’s duct occupied by Occupant’s communications facilities.

Annual Rate

(1) In Philadelphia and Pittsburgh Exchange Areas
a.Per foot of duct occupied $5.45
b.Per innerduct foot occupied 3.25

(2) In all other Exchange Areas
a.Per foot of duct occupied 3.95
b.Per mnnerduct foot occupied 1.95

(3)Innerduct rates apply only when innerducts are placed by the Company. Innerducts are offered when in the sole discretion of the Company, they are the only means possible to provide available space to an applicant.

 (C)

(C)Indicates change.


ISSUED NOVEMBER 30. 1988.EFFECTIVE JANUARY 29, 1989.

By Edward J. Kennedy, Vice-President, 315 N. 2nd St., Harrisburg, Pa.

Pa. P.U.C.-No. 303
Second Revised Sheet 7
Canceling First Revised Sheet 7

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

C. RATES AND CHARGES (Cont’d)

2.OTHER CHARGES

a.Computation

All charges for field survey, make-ready work, inspections, rearrangement of Company’s facilities, rearrangement or removal of Occupant’s facilities from Company’s conduit system and any and all other work performed for Occupant or otherwise authorized under this Tariff, shall be based upon the full cost and expense to Company of such work or for having such work performed by an authorized representative of Company plus an amount not to exceed 10% of Company’s full cost incurred thereby.

b.Proration of Charges Paid by Company to Others

Where Company pays a fee or charge of any kind to third parties, including, but not limited to, bridge occupancy fees and permit fees paid to governmental authorities relating in whole or in part to the duct occupied by Occupant, Occupant shall pay a share of such fee or charge, prorated as that proportion which the Occupant’s facilities occupy of Company’s structure upon which the fee or charge is based.

3.PAYMENTS OF RATES AND CHARGES

All rates and charges without exception, incurred by Occupant, or by Company on Occupant’s behalf, are due and payable within 30 days after the date of Company’s bill to Occupant. Any billed rate and/or charge or portion thereof, for which payment has not been received by Company

within 30 days after the date of the bill shall be past due. A late(C) payment charge applies pursuant to Pa. PUC #1, Section 1, General Regulations, 8C. If rates and charges remain unpaid for 90 days, Company may terminate all of Occupant’s Authorizations relating to the unpaid rates and charges, and Occupant will be subject to the provisions of S.7. and S.8. of this Tariff, relating to removal of Occupant’s facilities from Company’s conduit system.

4.OCCUPANT’S PERFORMANCE OBLIGATIONS

To guarantee the performance of all of Occupant’s obligations hereunder, Company may require bond in a form satisfactory to Company or other satisfactory evidence of financial security in such amount as Company may specify, in an initial amount of $3,000.00, or an amount equal to one year’s conduit occupancy rates, whichever is greater. If Occupant shall at any time have more than the number of conduit duct feet forming the basis of the computation of the initial bond, or if the rental rate for the occupancy of Company’s conduit system should be changed, Occupant, on request of Company, shall furnish such additional surety as may be required by Company from time to time in an amount equal to the estimated total payments from Occupant for a period of one year.

ISSUED JULY 26, 1993.EFFECTIVE SEPTEMBER 24, 1993.

By Daniel J. Whelan, Vice-President, 315 N. 2nd St., Harrisburg, Pa.

In compliance with the Order of the Pennsylvania Public Utility Commission of May 17, 1985 in R—842772.

Pa. P.U.C.-No. 303
1st Revised Sheet 8
Canceling Original Sheet 8

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

D. ADVANCE PAYMENT

1.Upon Company’s request, Applicant shall make an advance payment to Company prior to:

a.any undertaking by Company of a make-ready survey in an amount specified by Company sufficient to cover the estimated cost to be incurred by Company to complete such field survey, or to have it performed by others;

b.or any performance by Company of any make-ready work required in an amount specified by Company sufficient to cover the estimated cost to be incurred by Company to complete the required make-ready work, or to have it performed by others.

2.The amount of the advance payment required will be credited against the charge for such make-ready survey or make-ready work.

3.Where the advance payment made by Occupant to Company for make-ready survey or make-ready work is less than the charge for such work, Occupant agrees to pay Company all sums due in excess of the amount of the advance payment in accordance with the terms of C. preceding. Occupant may request a review of charges in excess of the amount of the advance payment.

4.Where the advance payment made by Occupant to Company for make-ready survey or make—ready work exceeds the charge for such work, Company shall refund the difference to Occupant.

E. SPECIFICATIONS

  1. Occupant’s communications facilities shall be installed and constructed in accordance with the requirements and specifications of the latest editions of the Manual of Construction Procedures (Blue Book), the National Electrical Code (NEC), the National Electrical Safety Code (NESC), and any governing authority having jurisdiction over the subject matter. Where a difference in specifications may exist, the more stringent shall apply.

2.If any part of Occupant’s communications facilities is not installed and constructed in accordance with E.l. preceding, and Occupant has not corrected the violation within 60 days from receipt of written notice thereof from Company, Company may, in addition to any other remedies Company may have hereunder, remove Occupant’s communications facilities from any or all of Company’s conduit system or perform such other work and take such other action in connection with said communications facilities that Company deems necessary or advisable to provide for the safety of Company’s employees, the public or performance of Company’s service obligations.

All work will be at the cost and expense to Occupant in accordance with C. preceding, of this Tariff and without any liability on the part of Company, except that should Company negligently damage Occupant’s physical facilities, Company will compensate Occupant for the reasonable cost of repair and/or replacement of those negligently

damaged facilities. Provided, however, that when in the sole judgment of Company such a condition may endanger the safety of Company’s employees or interfere with the performance of Company’s service obligations, Company may take such action without prior notice to Occupant.

ISSUED MAY 29, 1985.EFFECTIVE JUNE 3, 1985.

By J. J. Doherty, Jr., Director, One Parkway, Philadelphia, Pa.

In compliance with the Order of the Pennsylvania Public Utility Commission of May 17, 1985 in R—842772.

Pa. P.U.C.-No. 303
Second Revised Sheet 9
Canceling First Revised Sheet 9

CONDUIT OCCUPANCY FOR COMMUNICATIONS FACILITIES

E.SPECIFICATIONS (Cont’d)

3.Occupant’s communications facilities shall be maintained in accordance with the requirements and specifications in effect at the time those facilities were built. When a change in requirements or specifications occurs which by engineering code requires the alteration of Occupant’s facilities, Occupant shall make all such alterations at its own cost within a reasonable time from such change in requirements or specifications. In the event that Occupant fails to make alterations within a reasonable time, Company may make such alterations at Occupant’s sole expense.

F.LEGAL REQUIREMENTS

  1. Occupant shall be responsible for obtaining from the appropriate public and/or private authority any required authorization to construct, operate and/or maintain its communications facilities on public and/or private property before it occupies ducts located on such public and/or private property. Company reserves the right to demand proof from any Applicant or Occupant of said Applicant’s or Occupant’s right to occupy public or private right-of-way relating to area in which Authorizations are sought or have been granted. Should Company demand such proof, and Applicant or Occupant fail to present adequate evidence thereof within 60 days of the Company’s demand, Company may return the appropriate Applications to the Applicant or cancel existing permits and instruct Occupant to vacate the conduit at Occupant ‘ s expense.

2.Company and Occupant shall at all times observe and comply with, and the provisions of the Tariff are subject to, all laws, ordinances, and regulations which in any manner affect the rights and obligations of Company and Occupant under this Tariff, so long as such laws, ordinances or regulations remain in effect.

3.No Authorization granted under this Tariff shall extend to any of the Company’s conduit system where the placement of Occupant’s communications facilities would result in a forfeiture of the rights of Company or joint users, to occupy the property on which such conduit system is located.

If the existence of Occupant’s communications facilities in Company’s conduit system would cause forfeiture of the right of Company or joint users, or both, to occupy such property, the Authorization covering such conduit system shall be terminated effective upon the date of the written notice from Company to Occupant advising of such termination, and Occupant shall be liable for fees and charges which accrue only through the date of removal of its facilities. If said communications facilities are not so removed, Company may perform and/or have performed such removal after 60 days from the receipt of said written notification without liability on the part of Company, and Occupant agrees to pay to Company the cost thereof and for all losses and damages that may result.