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AccreditedStandardsCommitteeC2-1997

National Electrical Safety Code@Secretaria tInstitute of Electrical and Electronics Engineers, Inc.

A p p r o v e d 15 March 1996Institute of'Electrical and Electronics Engineer s, Inc.A p p r o v e d 6 June 1996American N ational Standards Institute

1997 Edition2 n d PrintingCorrected Edition

7 September 1999Abstract: This standard covers basic provisions for safeguarding of perso ns from hazards arising from the installation,operation, or maintenance of I ) conductors and equipm ent in electric supply stations, and 2) overhead and undergroundelectric supply and communication lines. It also includes work rules fo r the construction, maintenan ce, and operation ofelectric supply and communication lines and equipment.The standard is applicable to the systems and equipm ent operated by utilities, or similar systems and equipment, of anindustrial establishment or complex under the control of qualified persons.This standard consists of the introduction, definitions. ground ing ru les, list of referenced and bibliographic docum ents,and Parts I , 2 , 3 , and 4 of the 1997 Edition of the National Electrical S afety Code.Keywords: communications industry safety; construction of commu nication lines; construction of electric supply lines;electric supply stations, electric utility stations; electrical safety; high-voltage safety; operation of communications sys-tems; operation of electric supply systems; power station equ ipment; power station safety; public utility safety; safetywork rules; underground commun ication line safety: underground electric line safety

I August 1996

The Institute of Electrical and Electro nics Engineers , Inc.34 5 E a t 47th Street, New York. NY 10017-2394. USACopyrightCQ 1996 by th eInstitute of Electrical and Electronics Engineers. Inc.

All rights reserved. Published 1996Printed in the United States of Am ericaNational Electrical Safety Code! and N E s d are registered trademarks andservice marks of the Institute of Electrical and Electron ics Engineers, Inc.

The NESC logo is a trademark the Institute of Electrical and ElectronicsEngineen.The National Electrical Code@ nd NE C@ are egistered trademarks ofthe National F i e Protection A ssociation.ISBN 1-55937-715-1

Public autho rities are granted perm ission tu republish the materialherein in laws, regukztionr. administrative orders. urdinunces, orrimilur ducuments. Nu otherparty m y eproduce in an y form, in unelectronic retrieval system o r otherwise, any portion of this ducument,without the prior written permission of the publisher. 1 SH94406

Exhibit R-___ (ALR-1)MPSC Case No. U-13522SBC Ameritech Michigan

Witness: Rousell


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010 SECTION 1. INTRODUCTION 013B2

Section 1.Introduction to theNational Electrical Safety Code@

010.

011.

012.AB

PurposeThe purpose of these rules is the practical safeguarding of persons during the installation, operation,or maintenance of electric supply and communication lines and associated equipment.These rules contain the basic provisions that are considered necessaryfor the safety of employees andthe public under the specified conditions. This code is not intended as a design specificationor as aninstruction manual.ScopeThese rules cover supply and communication lines, equipment, and associated work practices em-ployed by a public orprivate electric supply, communications, railway,or similar utility in the exerciseof its function as a utility. They cover similar systems under the control of qualified persons, such asthose associated with an industrial complex or utility interactive system.NESC@ ules do not cover installations in mines, ships, railway rolling equipment, aircraft, or automo-tive equipment,or utilization wiring except as covered in Parts 1 and 3. Forbuilding utilization wiringrequirements, see the National Electrical Code@ NEC@),NFPA 70-1993.'General RulesAll electric supply and communication lines and equipment shall be designed, constructed, operated,and maintained to meet the requirements of these rules.The utilities, authorized contractors,or other entities, as applicable, performing design, construction,operation,or maintenance tasks for electric supply or communication lines or equipment covered bythis code shall be responsible for meeting applicable requirements.

C. For all particulars not specified i n these rules, construction and maintenance should be done in accor-dance with accepted good practice for the given local conditions known at the time by those respon-sible for the constructionor maintenance of the communicationorsupply lines and equipment.I

013. ApplicationA . New Installations and Extensions1. These rules shall apply to all new installations and extensions, except that they may be waivedor

modified by the administrative authority. When so waived or modified, safety shall be provided inother ways.EXAMPLE: Alternative working methods, such as the use of barricades, guards,or other electrical protectiveequipment, may be implemented along with appropriate alternative working clearancesas a meansof provid-in g safety when working near energized conductors.

2. Types of construction and methods of installation other than those specified in the rules may beused experimentally to obtain information, f done where qualified supervision is provided.

1. Where an existing installation meets, or is altered to meet, these rules, such installation is consid-ered to be in compliance with this edition and is not required to comply with any previous edition.

2. Existing installations, including maintenance replacements, that currently comply with prior edi-tions of the Code, need not be modified to comply with these rules except as may be required forsafety reasons by the administrative authority.

B. Existing Installations

'Information on references can be found in Section 3.

1


Witness: Rousell


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I

013B3

014.

A.

B.

015.A.B.

C.D.

E.F.

016.

017.

SECTION 1.INTRODUCTION 017A

3 . Where conductors or equipment are added, altered, or replaced on an existing structure, the struc-ture or the facilities on the structure need not be modified or replaced if the resulting installationwill be in compliance with either (a) the rules that were in effect at the time of the original instal-lation, or (b) the rules in effect in a subsequent edition to which the installation has been previous-ly brought into compliance, or (c) the rules of this edition in accordance with Rule 013B1.WaiverThe person responsible for an installation may modify or waive rules in the case of emergency or tem-porary installations.Emergency Installations1. The clearances required in Section 23 may be decreased for emergency installations. See Rule230A.2. The strength of material and construction for emergency installations shall be not less than thatrequired for Grade N construction. See Rule 263.3. Emergency installations shall be removed, replaced, or relocated, as desired, as soon as practical.Temporary Overhead InstallationsWhen an installation is temporary, or where facilities are temporarily relocated to facilitate otherwork, the installation shall meet the requirements for non-temporary installation except that thestrength of material and construction shall be not less than that required for Grade N construction. SeeRule 263.IntentThe word shall indicates provisions that are mandatory.The word should indicates provisions that are normally and generally practical for the specifiedconditions. However, where the word should is used, it is recognized that, in certain instances, ad-ditional local conditions not specified herein may make these provisions impractical. When this oc-curs, the difference in conditions shall be appropriately recognized and Rule 012 shall be met.The word RECOMMENDATION indicates provisions considered desirable, but that are not intend-ed to be mandatory.The word NOTE or the word EXAMPLE used in a rule indicates material provided for informa-tion or illustrative purposes only. NOTES and EXAMPLES are not mandatory and are not con-sidered to be a part of Code requirements.Footnotes to a,tabIe have the force and effect required or allowed by the rule that specifies the use ofthe table.A RECOMMENDATION, EXCEPTION, or NOTE applies to all text in that rule above its lo-cation that is indented to the same level.Effective DateThis edition may be used at any time on or after the publication date. Additionally, this edition shallbecome effective no later than 180days following its publication date for application to new installa-tions and extensions where both design and approval were started after the expiration of that period,unless otherwise stipulated by the administrative authority.EXCEPTION: Rule 35OG shall become effective not later than January 1, 1996.NOTE: A period of 180days is allowed for utilities and regulatory authorities o acquire copiesof the new editionand to change regulations, internal standards, and procedures as may be required. There is neither an intention torequire or imply that this edition be implemented before 180days from the publication date, nor an intention toprohibit earlier implementation.Units of Measure

A. Numerical values in the requirements of this code are stated in the metric system2 and in the custom-ary inch-foot-pound system. In text the metric value is shown first with the customary inch-foot-

Le Systeme Internationale dUnites (The International System of Units [or SI] n the modem version of the metric system). Forbasicinformation and conversion factors, see E E E Std 268-1992 [B22]. listed in Appendix B.

I

2

Exhibit R-___ (ALR-MPSC Case No. U-1352SBC Ameritech Michig

Witness: Rous


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200 PART 2. SAFETY RULES FOR OVERHEAD LINES 202

Part 2.Safety Rules for the Installation andMaintenance of Overhead ElectricSupply and Communication Lines

Section 20.Purpose, Scope, and Application of Rules

200. PurposeThe purpose of Part 2 of this code is the practical sa feguar ding of persons during the in stallation, op-eration, or main tenanc e of overhead supply and communication lines and their associa ted equipme nt.

201. ScopePart 2 of this code covers supply and communication conductors and equipment in ov erhead lines. Itcovers the associated structural arrangements of such system s and the extension of such systems intobuildings. Th e rules include requirem ents for spacing, cleara nces, and strength of construction. Theydo not cove r installations in electric supply stations except as required by Rule 162A.

202. Application of RulesThe general requirements for application of these rules are containe d i n Rule 013. However, when astructure is replaced, the arrange men t of equipment sha ll confor m to the current edition of Ru le 238C.

59


Witness: Rousell


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210 PART 2. SAFETY RULES FOR OVERHEAD LINES 214B3

Section 21.General Requirements

210.

211.212.

213.

214.

Referenced SectionsThe Introduction (Section 1), Definitions (Section 2), References (Section 3) , and Grounding Meth-ods (Section 9) shall apply to the requirem ents of Part 2.Number 211 not used in this edition.Induced V oltagesRules covering supply-line influence and comm unication-line susceptiveness have not been detailed inthis code. Coop erative procedures are recommended in the control of voltages induced from proxim atefacilities. Therefor e, reasonable advance notice should be given to o wners or o perators of o ther prox-imate facilities that may be adversely affected by new construction or changes in ex isting facilities.AccessibilityAll parts that must be examined or adjusted during operation shall be arranged so as to be accessibleto authorized persons by the provision of adequate climbing sp aces, working spaces, w orking facili-ties, and clearances between condu ctors.Inspection and Tests of Lines and Equipm ent

A. When In Service1. Initial Compliance With Rules2. Inspection3. Tests :

Lines and equipment shall comply with these safety rules when p laced in service.

Lines and equipm ent shall be inspected at such intervals as experience has show n to be n ecessary.When considered necessary, lines and equipment shall be subjected to practical tests to determinerequired maintenance.Any defe cts affecting comp liance with this code revealed by insp ection or tests, if n ot promptlycorrected, shall be recorded; such records shall be maintained until the d efects are corrected.Lines and equipm ent with recorded defects that could reasonab ly be expected to endanger life orproperty shall be promp tly repaired, disconnected, or isolated.

4. Record of Defects

5 . Remedying D efects

B . When Out of Service1. Lines Infrequently UsedLines and equipment infrequently used shall be inspected or tested as necessary before beingplaced into service.2. Lines Temporarily Out of Service

Lines and equipm ent temporarily out of service shall be m aintained in a safe condition.Lines and equipm ent permanently abandoned shall be removed or maintained in a safe condition.

3. Lines Permanently Abandoned

60


Witness: Rousell


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400 PART 4.RULES FOR THE OPERATION OFELECTRIC LINES 402

Part 4.Rules for the Operation of Electric Supply

and Communications Lines and EquipmentSection40.Purpose and Scope

400. PurposeThe purpose of Part 4 of this code is to provide practical w ork rules as one of the means of safeguard-ing employees and the public from injury. I t is not the intent of these rules to require unreasonablesteps to comply; however, all reasonable step s shall be taken.I

401. ScopePart 4 of this code covers work rules to b e followed in th e installation, operation, and maintenance ofelectric supply and communications systems.

402. Referenced SectionsThe Introduction (Section l) ,Defin itions (Section 2), References (Section 3), and Grounding Meth-ods (Section 9) of this code shall apply to the requirements of Part 4.NOTE: After ANSI C2-1973 B6] as originally approved,30June 1972,he US Occupational Safety and HealthAdministration (OSHA) issued 29 CFR 1926, ubpartV [B42], pplying toemploy ee safety in construction. Th edifferences between this document and the editions of the NESC through the 1993 Edition were noted in foot-notes to the text of Part 4.

In 1989,OSHA published in the Federal Register [01/31/89],ol. 54, o. 19.pp. 4974 o 5024 nclusive,Docket S-015 [B43], Notice of Proposed Rulemaking to issue new regulations as 29 CFR 1910.137 nd 29CFR 1910.269 to address the work practices to be used during the operation and maintenance of generation,transmission and distribution facilities. Coordination between these OSHA proposals and this 1997 Edition ofthe NESC has been effected such that the technical content of each docum ent is harmonized at this time to theextent possible with the closure of the rulemaking hearing docket. In some cases it was thus not possible fo r theOSHA final rule published',as 29 CFR 1910.137 and 29 CFR 1910.269 as published in the Federal Register,[01/31/94]ol. 59,no.20.pp. 4321 to 4477 [B44]) o address all the technical information considered in thisrevision of NESC Part 4.

The standards listed in Section 3 shall be used with Part 4 where applicable.

I

I97


Witness: Rousell


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410 PART 4. RULES FOR THE OPERATION OF ELECTRIC LINES 411A4

Section 41.Supply and Communications Systems-Rules for Employers410. General RequirementsA. General

1. The employer shall inform each employee w orking on or about communications equipment orelectric supply equipment and the associated lines, of the safety rules governing the employeesconduct while so engaged.When deemed n ecessary, the employer shall provide a copy of such rules.2. The em ployer shall provide training to all employees who work in the vicinity of exposed ener-gized facilities. The trainin g shall include information on the advan tages and limitations of varioustypes, combinations, and materials of wearing apparel.3. Employers shall utilize positive procedures to secure com pliance with these rules. Cases mayarise, however, where the strict enforcement of some particular rule could seriously impede the

safe progress of the work at hand; in such cases the employee in charge of the work to be doneshould make such temporary modification of the rules as will accomplish the work without in -creasing the hazard.4. If a difference of opinion a rises with respect to the applicatio n of these rule s, the decision of theemployer or the em ployers authorized agent shall be final. This decision shall not result i n anyemployee performing work in a manner that is unduly hazardous to the employee or to the em-ployees fellow workers.

B. Emergency Procedures and First Aid Ru les1. Employees shall be informe d of proced ures to be followed in case of emergencies and rules forfirst aid, includin g approved methods of resuscitation. Copie s of such proced ures and rules shouldbe kept i n conspicuous locations in vehicles and places where the number of em ployees and thenature of the work warra nts.2. Employees working on communications or electric supply equipment or lines shall be regularlyinstructed in me thods of first aid and emerge ncy procedures, if their duties warrant such training.

C. Responsibility1. A designated person shall be in charge of the operation of the equipment and lines and shall beresponsible for their safe operation.2, If more than one person is engaged in work on or about the same equipment or line, one personshall be designated as in charge of the work to be performed . Where there are separate work loca-tions, one person may be designated at each location.

411. Protective Methods and DevicesA. Methods1. Access to rotating or energized equipment shall be restricted to authorized personnel.2. Diagrams, showing plainly the arrangement and location of the electric supply equipment andlines, shall be maintained on file an d readily available to authorize d personn el for that portion ofthe system for which they are responsible.3. Employees shall be instructed as to the characte r of the equipment orlines and me thods to be usedbefore any work is undertaken thereon.4. Employees should be instructed to take additional precautions to ensure their safety when condi-tions create unusual hazards.

198


Witness: Rousell


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Exhibit R-___ (ALR-2)

MPSC Case No. U-13522

SBC Ameritech Michigan

Witness: Rousell

MPSC POLE INSPECTION SUMMARY

(Sorted by Violator)

PHOTO ID VIOLATOR

POLE

OWNER ADDRESS CLEAR SEP GUY OTHER STAFF COMMENT SBC COMMENTS

Washtenaw70-75 CATV DE 7808 Six Mile Road 2 1 Numerous splices, tree supports, PVC "pole"

StClairSh174-177 CATV DE 2

Cabinet burnt, electrical tape holding power lead,

delay pole

Flint1646-1649 CE CE Dort/Windemere 1 1 CE low clearance causing low separation

Flint1649-1655 CE CE Commerce N of E Court 2 Broken guys

Flint1661-1663 CE CE Crapo Rd/Flint Central 1 Secondary over roadFlint1672-1673 CE CE 1107 W Court 2 Service drop over driveway and front entry walk

Saginaw1715,1717 CE CE 705 Dearborn 1 2 abandoned poles

BayCity1754-1759 CE CE NW corner Center/Pine 1 1 Broken guy, damaged pole

Midland1781-1782 CE CE Ashby/Dearing 1 Broken, taped to pole overhead

Midland1783-1785 CE CE 2939 Ashby 1 1 Secondary over pedestrian, too close to phone

Midland1786 CE CE 2933 Ashby 1 1 Secondary over road, too close to CATV

Kalamazoo102 CE CE 1925 Fairfield 2 Service & telephone drop over driveway

Kalamazoo103 CE CE 2105 Fairfield 2 Service & telephone drop over driveway

Kalamazoo104 CE CE 2417 Portage 2 Guys over driveway

Kalamazoo107 CE CE 5607 Portage 1 Service drop over parking lot

Kalamazoo108 CE CE 5605 Portage 1 Service drop over parking lot

Kalamazoo115 CE CE 513 Wheaton 1 Guy over driveway

Muskegon217-218 CE CE 1858 Ruddiman 1 Service drop over parking lot

Muskegon219 CE CE 1909 Ruddiman 1 Service drop over parking lot

Muskegon222 CE CE N.Muskegon Fire Dpt 1 Guy over driveway

Muskegon301-302 CE CE 1202 Ruddiman 1 3 wire secondary over road

Jackson516 CE CE 3636 Kibby 1 System neutral over pedestrian area

Jackson517 CE CE Dibble Elem. School 1 Service pole in need of repair

Saginaw1690 Charter CE 1227 S Center 1Excess CATV cable wrapped around pole atground level

Saginaw1691 Charter CE 1475 S Center 1 CATV over driveway

Saginaw1692 Charter CE 7710 Swan Creek 1 CATV from electric secondary

Saginaw1696 Charter CE 10820 Swan Creek 1

Excess CATV cable wrapped around pole at

ground level

Saginaw1697-1698 Charter CE 10400 Swan Creek 1 CATV over driveway

Saginaw1699 Charter CE Swan Creek/Weigl 1 CATV over parking lot

Saginaw1701 Charter CE 4425 W Michigan 1

Excess CATV cable coiled and lashed to CATV

cable

Saginaw1702-1703 Charter CE 1757 Beacon 1 CATV over road, unraveled lashing

Saginaw1705-1714 Charter CE 1712 S Hamilton 1 Heavy loading

Saginaw1720-1722 Charter CE 3615 Weiss 1 Excess cable spaghetti overhead

BayCity1731 Charter CE 981 S Linwood Bch 1 CATV over road

1 of 7


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Witness: Rousell

PHOTO ID VIOLATOR

POLE


BayCity1734-1735 Charter CE 777 S Linwood Bch 1 CATV from electric secondary

BayCity1736 Charter CE 693 S Linwood Bch 1 CATV over driveway

BayCity1737-1738 Charter CE 713 S Linwood Bch 1 CATV from electric secondary

BayCity1754-1759 Charter CE NW corner Center/Pine 1 Rope and rag lashing

BayCity1761-1762 Charter CE 1407 Borton 1 Rope and rag lashing

BayCity1763-1766 Charter CE Borton/Burns 1 Unraveled lashing

BayCity1767 Charter CE 303 Nebobish 1 CATV over driveway

BayCity1768 Charter CE 715 Nebobish 1 CATV over driveway

Midland1772 Charter CE Poseyville/Ashby 1 CATV over parking lot

Midland1773 Charter CE 2814 Ashby 1 CATV over driveway

Midland1786 Charter CE 2933 Ashby 1 CATV over road

Midland1787 Charter CE 2968 Ashby 1 CATV over driveway

Midland1788 Charter CE Eastman/Harcrest 1 CATV over road

Midland1789-1793 Charter CE 5909 Eastman 1 CATV over driveway

BayCity1732 Charter SBC 825 S Linwood Bch 1 CATV over road SBC Not Present and/or Misidentified

BayCity1733 Charter SBC 819 S Linwood Bch 1 CATV over road

Flint1664-1666 Comcast CE 406 Thomson 1 5 ft over front steps

Brighton64-66 Comcast DE 10816 Grand River 1 CATV clearance

PJD Test P12 L1-11 Comcast DE Macomb Co 2





Brighton54-63 Comcast SBC 10153 Grand River 2 2

Wires on ground across two properties and

driveways SBC Not Present and/or Misidentified

Brighton64-66 DE DE 10816 Grand River 1 DE guying

LivoniaNone DE DE 32863 Mayfield 1 Horizontal guy over road

PJD Test P11 L8-13 DE DE Macomb Co 1

PJD Test P11 L15-22 DE DE Macomb Co 1 1

PJD Test P13 L12-16 DE DE Macomb Co 1 1




Williamston92-94 GTE SBC 2480 Grand River Ave. 1 GTE box SBC Not Present and/or Misidentified

Williamston92-94 Horizon SBC 2480 Grand River Ave. 1 Horizon Cable Miss Dig Flag SBC Not Present and/or Misidentified

PJD Test P15 L1-2 McLeod DE Macomb Co 1

PJD Test P17 L10-15 MCSD DE Macomb Co 1

PJD Test P15 L11-19 New Media DE Macomb Co 1

PJD Test P16 L8-12 New Media DE Macomb Co 1

Muskegon220-221 Phone CE 1309 Ruddiman 1 Phone over driveway

Farmington87-90 Phone DE 23795 Civic Center Dr. 20 1

Multiple cables over numerous driveways, loose

guy

Wyandotte112-117 Phone DE 13th & Antoine 1 1 Electrical tape, tree supports

2 of 7


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Witness: Rousell

PHOTO ID VIOLATOR

POLE


Wyandotte118-119 Phone DE 1204 11th St. 1 Heavy cable over road

WyandotteNone Phone DE 10th & Baumey 1 Residential driveway

Taylor125 Phone DE Leroy & Brandt 3 Poles at rear of deep back yards, cables cross road

DearbornHts147-149 Phone DE 83814 Ann Arbor Trail 2 Communication wire touching street light supply

DetroitNone1 Phone DE 20436 Whitlock 1 Residential road, long split in poles

StClairSh154-173 Phone DE 27401 Erben 24 1 1

Rope-a-Dope, multiple cables/driveways, loose

guy, zip ties

StClairSh178-179 Phone DE 1 Service drop wrapped around cable

DetroitNone3 Phone DE Philip & Waveny 3 Residential road

DetroitNone4 Phone DE 10700 Chippewa 1 Residential road

Williamston91 Phone SBC 615 Grand River Ave. 7

Service wires over commercial driveway next to

road

Williamston95-98 Phone SBC 3298 Grand River Ave. 3 Partial fix at driveway, further sag across yard

Flint1631-1634 SBC CE 3100 E Court 1 2 Unraveled lashing, loose wire at pole Complete

Flint1641-1645 SBC CE Dort/Court 1 1 Cable supported by building SBC Not Present and/or Misidentified

Flint1646-1648 SBC CE Dort/Windemere 1 Secondary over driveway SBC Not Present and/or Misidentified

Flint1656 SBC CE Brookside/Pierce 2 Phone over driveway Complete

Saginaw1676-1680 SBC CE 235 S Center 1 1 1

Phone over driveway, lashed with twine to electric

drop Complete

Saginaw1687-1688 SBC CE 511 S Center 1 Phone over driveway Complete

Saginaw1693-1695 SBC CE Swan Creek/M-52 1

Phone cable not moved from old broken pole to

new pole Complete

Saginaw1715,1717 SBC CE 705 Dearborn 1 Phone over driveway Complete

Saginaw1716 SBC CE 615 Dearborn 1 Phone over driveway Complete

Saginaw1719 SBC CE 3405 Weiss 1 Phone over driveway

Complex remediation and/or third party

cooperation necessary

Saginaw1723 SBC CE 2725 Warwick 1 Phone over driveway Complete

Saginaw1724 SBC CE 2785 Warwick 1 Phone over driveway Complete

Saginaw1725-1729 SBC CE 2795 Warwick 1 2

Phone over driveway, supported by trees and

CATV cable Complete

BayCity1730 SBC CE 973 S Linwood Bch 1 Phone over road SBC Not Present and/or Misidentified

BayCity1731 SBC CE 981 S Linwood Bch 1 Phone over road Complete

BayCity1760 SBC CE 1701 Borton 1 Phone over drivewayComplex remediation and/or third party


BayCity1761-1762 SBC CE 1407 Borton 1 Phone over driveway



BayCity1763-1766 SBC CE Borton/Burns 1 Unraveled lashing Complete

Midland1772 SBC CE Poseyville/Ashby 1 Phone over parking lot Complete

Midland1773 SBC CE 2814 Ashby 1 Phone over driveway Complete

Midland1774-1780 SBC CE 2890 Ashby 1 4

Phone drop, thru tree, on front steps, gas meter,

ground Complete

Midland1787 SBC CE 2968 Ashby 1 Phone over driveway Complete

3 of 7


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Witness: Rousell

PHOTO ID VIOLATOR

POLE


Midland1788 SBC CE Eastman/Harcrest 1 Phone over road



Midland1789-1793 SBC CE 5909 Eastman 1 Phone over driveway



Kalamazoo101 SBC CE 1925 Fairfield 1 Telephone cable over road Complete

Kalamazoo105 SBC CE 2458 Bender 1 Phone over road Complete

Kalamazoo106 SBC CE 10245 Portage 1 Phone over driveway SBC Not Present and/or Misidentified

Kalamazoo109 SBC CE 619 Davis 1 Phone over road Complete

Kalamazoo110-111 SBC CE 432 Monroe 1 Phone over road Complete

Kalamazoo112 SBC CE 1546 Grand 1 Phone over road Complete

Kalamazoo114 SBC CE 1411 Grand 1 Phone over road Complete

Kalamazoo116 SBC CE 3600 Lake 1 Phone over driveway



GrandRapids501 SBC CE 3756 28th St 1 Phone over driveway SBC Not Present and/or Misidentified

GrandRapids502 SBC CE 1000 28th St 1 Phone over driveway Complete

GrandRapids503 SBC CE Byron Ctr & Porter 1 Phone over roadComplex remediation and/or third party


GrandRapids504 SBC CE 2345 Porter 1 Phone over drivewayComplex remediation and/or third party


GrandRapids505 SBC CE Hampshire/ Woodcliff 1 Phone over road SBC Not Present and/or Misidentified

GrandRapids506 SBC CE 2050 Woodcliff 1 Phone over driveway SBC Not Present and/or Misidentified

GrandRapids507 SBC CE 2412 Woodcliff 1 Phone over driveway SBC Not Present and/or Misidentified

GrandRapids508 SBC CE 3003 Okemos 1 Phone over road SBC Not Present and/or Misidentified

GrandRapids509 SBC CE 2953 Okemos 1 Phone over driveway SBC Not Present and/or Misidentified

GrandRapids510 SBC CE Village & Okemos 1 Phone over road Complete

GrandRapids511 SBC CE 2341 Okemos 1 Phone over driveway Complete

GrandRapids512 SBC CE 1941 Laurel 2 Phone over driveway Complete

GrandRapids513 SBC CE E. Grand Rapids H.S. 1 Phone over driveway Complete

GrandRapids514 SBC CE 3355 Fulton 1 Phone over driveway SBC Not Present and/or Misidentified

Jackson515 SBC CE 4664 Reynolds 2 Phone over driveway Complete

Jackson516 SBC CE 3636 Kibby 1 Phone over pedestrian area SBC Not Present and/or Misidentified

Jackson517 SBC CE Dibble Elem. School 1 Phone over pedestrian area SBC Not Present and/or Misidentified

Jackson518-519 SBC CE 2860 Robinson 1 Phone over road SBC Not Present and/or Misidentified

Jackson520 SBC CE 2901 Robinson 2 Phone over driveway Complete

Jackson521 SBC CE 2880 Robinson 1 Phone over driveway SBC Not Present and/or Misidentified

Jackson522 SBC CE 2929 Spring Arbor 1 Phone over driveway Complete

Jackson523 SBC CE 2797 Spring Arbor 1 Phone over driveway



Jackson524 SBC CE 1320 Warren 2 Phone over driveway Complete

Jackson601 SBC CE 820 W.High 1 Phone over driveway Complete

Jackson602 SBC CE 1750 Probert 1 Phone over driveway



Jackson603 SBC CE 3660 Stonewall 1 Phone over driveway Complete

4 of 7


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Witness: Rousell

PHOTO ID VIOLATOR

POLE


Jackson604 SBC CE W.Pearl/N.Blackstone 1 Phone over road by CE Headquarters SBC Not Present and/or Misidentified

Jackson605 SBC CE W.Pearl/N.Blackstone 2 Phone over CE employee parking lot SBC Not Present and/or Misidentified

EatonRapids126-137 SBC CE 4260 Covert 1

UG services across yards, drives, trees since 11-1.

0.3 mi. Complete

AnnArbor316 SBC DE Bethlehem Cemetary 1 Phone over driveway SBC Not Present and/or Misidentified

AnnArbor317-318 SBC DE 123 Chapin 2 Phone over pedestrian area



AnnArbor319 SBC DE 417 Miller 3 Phone over driveway Complete

AnnArbor320 SBC DE 915 Brooks 3 Phone over driveway Complete



AnnArbor323 SBC DE 626 Seventh 1 Phone over driveway SBC Not Present and/or Misidentified

AnnArbor324 SBC DE 406 Koch 1 Phone over driveway Complete

AnnArbor325-326 SBC DE Williams & Second 1 Phone over road Complete

AnnArbor401 SBC DE 309 W.Williams 1 Phone over driveway SBC Not Present and/or Misidentified

AnnArbor402 SBC DE N.Territorial & Jomar 1 Phone over road



AnnArbor403 SBC DE 946 N.Territorial 2 Phone over driveway--DTE substation



Brighton64-66 SBC DE 10816 Grand River 1 SBC / DE separation Complete

ELyon67-69 SBC DE 22645 Pontiac Trail 1

Pole with SBC & "Lectro" box roped to new pole,

vines Complete

Washtenaw76-80 SBC DE Six Mile & Hapler 5 Old phone not transferred to new poles, long span Unable to locate

Livonia81-84 SBC DE 15903 Merriman 60

Multiple cables over numerous driveways, tree

supports



Hell85 SBC DE 4070 Patterson Lake 1 Parking lot in front of restaurant Complete

FarmingtonNone SBC DE 29915 Fink 1 Long span across road to rear of yards Complete

BrightonNone SBC DE 8878 Rickett Road 1

Heavy wooded area, long spans, phone on primary

poles Complete

Chelsea99-107 SBC DE Rt 52 CVS/pharmacy 3 1

Rope repair, service wires across former drive-

through Complete

Wyandotte111 SBC DE 23rd & Grove 1 Driveway to store parking lot



Westland138-143 SBC DE 6555 Newburg Road 1 1 Mall driveway, 3 Ph. recloser & antennae



StClairShNone SBC DE

22340 (along Erben &

Jefferson Avenue) 1 Residential road



PJD Test P7 L3-7 SBC DE Farmington Hills 1



PJD Test P7 L9-11 SBC DE Garden City 1 Complete

PJD Test P7 L13-15 SBC DE Brownstown 1 Complete

PJD Test P7 L17-19 SBC DE 1 Complete

5 of 7


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Witness: Rousell

PHOTO ID VIOLATOR

POLE


PJD Test P7 L21-23 SBC DE Sterling Heights 1 Complete

PJD Test P8 L2-4 SBC DE Sterling Heights 1 Complete

PJD Test P8 L6-10 SBC DE Clinton Twp 1 Complete

PJD Test P8 L12-16 SBC DE Clinton Twp 1 Complete

PJD Test P8 L18-20 SBC DE Pontiac 1



PJD Test P11 L15-22 SBC DE Macomb Co 1 2 Complete

PJD Test P12 L1-11 SBC DE Macomb Co 2



PJD Test P12 L13-15 SBC DE Macomb Co 1 Complete


















PJD Test P15 L11-19 SBC DE Macomb Co 1 3 Complete



PJD Test P17 L3 SBC DE Macomb Co 1 Complete




Flint1635-1637 SBC SBC 2907 E Court 1 1 Cable supported by building SBC Not Present and/or Misidentified

Flint1638-1640 SBC SBC Dort/Court 1 1 Old SBC pole touching CE secondary



Saginaw1681-1686 SBC SBC 450 thru 1260 S Center 39 3 low phone cables over 13 driveways over 1 mile Complete

BayCity1732 SBC SBC 825 S Linwood Bch 1 Phone over road SBC Not Present and/or Misidentified

BayCity1769-1771 SBC SBC 330 Nebobish 20 2 low phone cables over approx 10 drivewaysComplex remediation and/or third party


HellNone SBC SBC 2929 Tiplady Road 1 Service drops over rural road Complete

Inkster144-146 SBC SBC 28411 Florance 1 Second pole against 4 guys, 1 missing marker



Muskegon201 VER CE 3610 Henry 1 Phone over driveway

Muskegon202 VER CE 1040 Seminole 1 Phone over driveway

Muskegon203 VER CE 3587 Pedelt 1 Phone over road

Muskegon204 VER CE 1550 Seminole 1 Phone over driveway

6 of 7


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Witness: Rousell

PHOTO ID VIOLATOR

POLE


Muskegon205-206 VER CE 1730 Seminole 1 Phone over driveway

Muskegon207-208 VER CE 2250 Seminole 2 Phone over driveway

Muskegon209 VER CE 5295 Lake Harbor 1 Phone over driveway

Muskegon210-211 VER CE 5982 Lake Harbor 1 Phone over driveway

Muskegon212-213 VER CE 5948 Lake Harbor 1 Phone over driveway

Muskegon214 VER CE 6156 Lake Harbor 1 Phone over driveway

Muskegon215-216 VER CE Black Lk & Pontaluna 1 Phone over road

Muskegon303 VER CE 467 Ruddiman 2 Phone over driveway

Muskegon304-305 VER CE 345 Ruddiman 1 Phone over driveway

Muskegon306 VER CE 3225 Ruddiman 1 Phone over road



Muskegon309 VER CE 185 Weber 1 Phone over driveway

Muskegon310 VER CE 61 Weber Dr 1 Phone over driveway

Muskegon311 VER CE 2942 Fenner 1 Phone over driveway

Muskegon312 VER CE 1470 Dykstra 1 Phone over driveway

Muskegon313 VER CE Witham & Dykstra 1 Phone over road

Muskegon314-315 VER CE 2181 Barclay 1 Phone over driveway

Flint1657-1660 CE E Court/Woodlawn Park 1 2

Trees push cable over road, abandoned cable in

tree

Totals 371 25 8 58 462

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15/44

MICHIGAN BELLTELEPHONE COMPANY Ameritech PART 2 SECTION 6TARIFF M.P.S.C. NO. 20R Tariff

PART 2 - General Terms and Conditions 1st Revised Sheet No. 1SECTION 6 - Pole Attachment and Conduit Cancels

Occupancy Accommodations Original Sheet No. 1

1. POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (C)

Under sec. 224 of the Act, either the FCC or the state commission has

jurisdiction over rates, terms and conditions of access to poles, ducts

and conduits to the exclusion of the other. The FCC has jurisdiction

unless a state certifies and asserts jurisdiction. This tariff is being

filed for informational purposes only. If the state asserts

jurisdiction, this tariff will be effective.

A. DESCRIPTION

The Company will make available, to the extent it may lawfully do so,access to poles, ducts, conduits and rights-of-way (Structure) owned orcontrolled by the Company for the placement of the Attaching PartysAttachments. The availability of Company Structure for the AttachingPartys attachments is subject to and dependent upon all rights,privileges, franchises or authorities granted by governmental entitieswith jurisdiction, existing and future agreements with others, allinterests in property granted by persons or entities public and private,and all statutes, laws, codes, regulations, rules and common law, and allterms, conditions and limitations of any or all of the foregoing, bywhich the Company owns and controls Structure or interests therein. (C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25.

Issued under authority of 1991 PA 179 as amended by 1995 PA 216

Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal GovernmentDetroit, Michigan


Witness: Rousell


16/44


PART 2 - General Terms and Conditions 2nd Revised Sheet No. 2SECTION 6 - Pole Attachment and Conduit Cancels

Occupancy Accommodations 1st Revised Sheet No. 2

1. POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

B. DEFINITIONS

Attaching PartyA provider of telecommunication services, a cable television system, orsuch other parties as may be authorized by law.

(C)(C)

Attachment(s)Any cable, equipment, facilities, apparatuses or appurtenances used oruseful in communication distribution networks providing

Telecommunications Services or in a cable television system.

CapacityRefers to space available on or in structure for an Attaching PartysAttachment without the requirement of further modifications to thestructure.

Ducts/ConduitsDucts and conduits means enclosed reinforced passages capable ofsupporting communication cables, ducts or conduits including singleducts, innerducts and lateral ducts into buildings owned by thirdparties, and the manholes, handholes, and pull-boxes associated with theducts or conduit. Duct or conduit does not include ducts or conduitswithin buildings owned by third parties.

Conduit OccupancyOccupancy of a conduit system by any item of attaching partysfacilities.

Field SurveyAll work performed by the Company at the attaching partys expense tofield check the Companys facilities to determine their availability forthe attachments of the attaching party and the extent and cost, if any,of Make Ready Work required to accommodate the attaching party.

InnerductA single enclosed raceway for conductors or cables sometimes placedwithin ducts.

Issued under authority of M.P.S.C. Order dated 11/16/99 Case No. U-11831

Issued: April 7, 2000 Effective: April 10, 2000

By Robin M. Gleason, Vice President - RegulatoryDetroit, Michigan


Witness: Rousell


17/44




1. POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd) (C)

B. DEFINITIONS (cont'd)

PolesPoles mean poles owned by the Company, or poles owned by others or ownedin part by the Company or which the Company has a contractual right topermit the use by attaching parties, but, in either event, which are usedto support attachments.

Pole AttachmentAny item of attaching partys facilities affixed to a pole. (C)






Witness: Rousell


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Proprietary InformationProprietary Information means:

1. all proprietary or confidential information of a Party (a DisclosingParty) including specifications, drawings, sketches, businessinformation, forecasts, records (including each Partys records

regarding Performance Benchmarks), Customer Proprietary NetworkInformation, Customer Usage Data, audit information, models, samples,data, system interfaces, computer programs and other software anddocumentation that is furnished or made available or otherwisedisclosed to the other Party or any of such other Partys Affiliates(individually and collectively, a Receiving Party) pursuant to thistariff and, if written, is marked Confidential or Proprietary orby other similar notice or if oral or visual, is identified asConfidential or Proprietary at the time of disclosure; and

2. any portion of any notes, analyses, data, compilations, studies,interpretations or other documents prepared by any Receiving Party tothe extent the same contain, reflect, are derived from, or are basedupon, any of the information described in subparagraph 1. above,unless such Information contained or reflected in such notes,

analyses, etc. is so commingled with the Receiving Partysinformation that disclosure could not possibly disclose theunderlying proprietary or confidential information (such portions ofsuch notes, analyses, etc. referred to herein as DerivativeInformation). (C)

Original Sheet No. 4.1 is cancelled and removed from the tariff.






Witness: Rousell


19/44






Rights-of-WayRights-of-way are legal interests of the Company in property of others,such as easements, or licenses, which are suitable for use forattachments for communications distribution networks. Rights-of-wayinclude ducts or conduit controlled by the Company that are locatedwithin buildings owned by third parties and not leased by the Company.

Poles, ducts, conduit or rights-of-way do not generally include:

1. controlled environmental vaults, remote equipment buildings, huts orenclosures, cross-connect cabinets, panels and boxes, equipmentclosets or enclosures in buildings, or any like or similar equipmentenclosures or locations, or the ducts or conduit connecting any ofthe foregoing to manholes or conduit runs between manholes; or

2. access to Ameritech owned or leased property for placement ofdistribution facilities other than in Ameritech poles, ducts orconduits.

StructureStructure refers to Company owned or controlled poles, ducts, conduitsand rights-of-way. (C)






Witness: Rousell


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C. TERMS AND CONDITIONS

1. Structure Availability

The Company will not make structure available: (a) where, after takingall reasonable steps to accommodate such request, there is insufficientcapacity to accommodate the requested attachment, or (b) where anattachment cannot be accommodated based upon nondiscriminatorily

applied considerations of safety, reliability or engineeringprinciples.

Insufficient capacity for purposes of this tariff means the lack ofexisting available space and the inability to create the necessaryspace by taking all reasonable steps to do so. If Ameritech denies arequest for access to its Structure for Insufficient capacity, safety,reliability or engineering reasons, Ameritech will provide theAttaching Party a detailed, written reason for such denial (i) as soonas practicable but in any event within forty-five (45) days of the dateof such request if Ameritech has actual or constructive knowledge ofthe reasons for such denial or (ii) promptly upon Ameritechs receiptof such reasons for denial if such reasons are not known until afterthe expiration of such forty-five (45) day period.

2. Franchises, Permits and Consents

Attaching party shall secure any necessary franchises, permits orconsents from federal, state, county or municipal authorities and fromthe owners of private property, to construct and operate itsattachments at the location of the Company structure it uses.Attaching party shall submit to the Company satisfactory evidence ofattaching partys legal authority to occupy such rights-of-way andconstruct its facilities therein.

3. Access and Modifications

Where necessary to accommodate a request for access by attaching party,and provided the Company has not denied access for insufficient

capacity or safety, reliability or engineering reasons, or because theCompany may not lawfully make the structure available, the Companywill, modify its structure in order to accommodate the attachments ofattaching party. (C)






Witness: Rousell


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C. TERMS AND CONDITIONS (cont'd)

3. Access and Modifications (cont'd)

Before commencing the work necessary to provide such additionalcapacity, the Company will notify all other parties having attachmentson or in the structure of the proposed modification to the structure.The modification to accommodate other attaching parties, including the

Company, that desire to modify attachments.

If an attaching party requests access to an Ameritech right-of-waywhere Ameritech has no existing structure, Ameritech shall not berequired to construct new poles, conduit or ducts, or to bury cable foran attaching party but will make the right-of-way available to anattaching party to construct its own poles, conduit or ducts or to buryits own cable; provided, however, if Ameritech desires to extend itsown attachments, Ameritech will construct structure to accommodate theattaching party's attachment.

The Company will not construct structure where none now exists toaccommodate attaching partys request, unless the Company desires toextend its attachments to such new structure. (C)






Witness: Rousell


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3. Access and Modifications (cont'd)

The costs of modifying a structure to accommodate attaching partysrequest, the requests of another attaching party or the needs of theCompany shall be borne by the attaching party, the other requestingparty or the Company, respectively, except that if other parties obtain

access to the structure as a result of the modification such partiesshall share in the cost of modification proportionately with the partyinitiating the modification. A party, including the Company, with apre-existing attachment to the structure to be modified to accommodateanother attaching party shall be deemed to directly benefit from themodification if, after receiving notification of the modification, itadds to or modifies its attachment. In the event a party, includingthe Company, uses the modification to bring its structure orattachments into compliance with applicable safety or otherrequirements, it shall be considered as sharing in the modification andshall share the costs of the modification attributable to its upgrade.Notwithstanding the foregoing, a party or the Company with a pre-existing attachment to the structure, shall not be required to bear anyof the costs of rearranging or replacing its attachment if suchrearrangement or replacement is necessitated solely as a result of an

additional attachment or the modification of an existing attachmentsought by another attaching party. If a party, including the Company,makes an attachment to the modified structure after the completion ofthe modification, such party shall share proportionately in the cost ofthe modification if such modification rendered the added attachmentpossible.

All modifications to the Companys structure will be owned by theCompany. Attaching parties, including the Company, who contributed tothe cost of a modification, may recover their proportionate share ofthe depreciated value of such modifications from parties subsequentlyseeking access to the modified structure. (C)






Witness: Rousell


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4. Installation and Maintenance Responsibility

Attaching party shall, at its own expense, install and maintain itsattachments in a safe condition and in thorough repair so as not toconflict with the use of the structure by the Company or by otherattaching parties. Work performed by attaching party on, in or about

the Companys structures shall be performed by competent workmenskilled in the trade with qualifications and training at leastequivalent to that of the workers and contractors of the Company. TheCompany will specify the location on the structure where attachingpartys attachment shall be placed. Attaching party shall constructeach attachment in conformance with the permit issued for suchattachment. Other than routine maintenance and service wireattachments, attaching party shall not modify, supplement or rearrangeany attachment without first obtaining a permit therefor. Attachingparty shall secure permission of the Company before entering anymanhole, handhole or pull box for construction or maintenance purposes.

5. Installation and Maintenance Standards

Attaching partys attachments shall be installed and maintained in

accordance with the rules, requirements and specifications of theNational Electrical Code, National Electrical Safety Code, BellcoreConstruction Practices, the FCC, the Commission, the OccupationalSafety & Health Act and of any other governing authority havingjurisdiction over the subject matter. (C)






Witness: Rousell


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6. Access Requests

Any request by attaching party for access to the Companys structureshall be in writing and submitted to the Companys Structure AccessCoordinator. The Company may limit the number and scope of requestsfrom attaching party being processed at any time and may prescribe aprocess for orderly administration of such requests. Attaching

partys attachment to the Companys structure shall be pursuant to apermit issued by the Company for each request for access.

The Structure Access Coordinator shall be responsible for processingrequests for access to Company structure, administration of theprocess of delivery of access to Company structure, for all mattersrelating to access to Company structure.

7. Unused Space

Excepting maintenance ducts and ducts required to be reserved foruse by municipalities, all usable but unused space on structureowned or controlled by the Company shall be available for theattachments of attaching party, the Company or other providers oftelecommunications services or cable television systems. Attachingparty may not reserve space on Company structure for its futureneeds.

8. Maintenance Ducts

One duct and one inner-duct in each conduit section shall be keptvacant as maintenance ducts. The maintenance ducts shall beavailable to any party with an attachment for maintenance purposes.

9. Cost of Certain Modifications

If, at the request of a governmental entity, third party, court orCommission or property owner, the Company moves, replaces or changesthe location, alignment or grade of its conduits or poles, the

Company shall bear the expense of relocating attachments to thoseconduits or poles.

(C)

(C)





Witness: Rousell


25/44

MICHIGAN BELLTELEPHONE COMPANYTARIFF M.P.S.C. NO. 20R

AmeritechTariff

PART 2 SECTION 6

PART 2 - General Terms and ConditionsSECTION 6 - Pole Attachment and Conduit

Occupancy Accommodations

2nd Revised Sheet No. 11Cancels

1st Revised Sheet No. 11



10. Maps and Records

The Company will provide attaching party, at their request andexpense, with access to maps, records and additional informationrelating to its structure. The Company does not warrant theaccuracy or completeness of information on any maps or records.Maps, records or information may not be resold.

11. Occupancy Permit

Attaching party's access to Company's structure shall be pursuant to

a permit issued by the Company for each requested attachment. Anysuch permit shall automatically terminate (a) if attaching partysfranchise, consent or other authorization from federal, state,county or municipal entities or private property owners necessaryfor the attaching party to lawfully maintain the attachment isterminated, (b) if attaching party has not placed and put intoservice its attachments within one year from the date the Companyhas notified attaching party that such structure is available forattaching partys attachments, (c) if attaching party ceases to usesuch attachment for any period of one year, (d) failure to complywith a term or condition of this tariff or if Company ceases to havethe right or authority to maintain its structure, or any partthereof to which attaching party has attachments. If attachingparty surrenders its permit for any reason, but fails to remove itsattachments from the structure, the Company shall remove theattaching partys attachments at the attaching partys expense. TheCompany will provide the attaching party at least sixty (60) dayswritten notice prior to (a) terminating a permit or service to anattaching party attachment or removal thereof for a breach of theprovisions of this tariff, (b) any increase in the rates forattachments to the Companys structure, (c) any modification to theCompanys structure to which the attaching party has an attachment,other than a modification associated with routine maintenance or asa result of an emergency.

(C)

(C)(C)

(C)

Issued under authority of 1991 PA 179 as amended by 1995 PA 216Issued: November 4, 2002 Effective: November 5, 2002

By Robin M. Gleason, Vice President - State RegulatoryDetroit, Michigan


Witness: Rousell


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12. Inspections

The Company may make periodic inspections of any part of theattachments of attaching party located on Company structures.Attaching party shall reimburse Company for the expense of suchinspections. Except for inspections following the construction ofpermitted attachments, or in cases involving safety, damage toattachments or potential violations of this tariff, such inspectionsshall not be made more often than once every five (5) years. Where

reasonably practicable to do so, the Company shall provide priorwritten notice to attaching party of such inspections.

13. Damage to Attachments

Both attaching party and the Company will exercise precautions toavoid damaging the attachments of the other or to any Companystructure to which attaching party obtains access hereunder. Theparty damaging the attachments of the other shall be responsible tothe other therefor.

14. Deposits

A deposit shall be required for each request from attaching party

for map preparation, make-ready surveys and make-ready work.

15. Interconnection

Upon attaching party request, the Company will permit theinterconnection of ducts or conduits owned by attaching party inCompany manholes. Interconnection will not be permitted wheremodification of Company structure to accommodate attaching partyrequest for access is possible. Attaching party will be responsiblefor any costs required to accommodate the interconnection.

(C)





Witness: Rousell


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15. Interconnection (cont'd)

Requests by attaching party for interconnection of attaching partysattachments in or on Company structure with the attachments of otherattaching parties in or on Company structure will be considered on acase-by-case basis and permitted or denied based on the applicablestandards set forth in this tariff for and reasons of capacity, safety,

reliability, and engineering. Attaching party will be responsible forthe costs of any make ready work required to accommodate theinterconnection.

16. General Indemnity Rights

Except as provided below, each of the Company and the Attaching Party(the Indemnifying Party) shall defend and indemnify the other, itsofficers, directors, employees and permitted assignees (collectively,the Indemnified Party) and hold such Indemnified Party harmlessagainst:

a. any Loss to a third person arising out of the negligence or willfulmisconduct by such Indemnifying Party, its agents, its customers,

contractors, or other retained by such parties, in connection with theprovision or use of services under this tariff;

b. any Loss arising from such Indemnifying Partys use of servicesoffered under this tariff, involving:

c. any Loss arising out of the failure of the Indemnifying Party tocomply with any provisions of this tariff or any Applicable Law. (C)






Witness: Rousell


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16. General Indemnity Rights (cont'd)

In the case of any Loss alleged or made by a customer of either party,the party whose Customer alleged or made such Loss shall be theIndemnifying Party and the other party shall be the Indemnified Party.

For purposes of tariff, a Loss or Losses means any and all losses,

costs (including court costs), claims, damages (including fines,penalties, and criminal or civil judgments and settlements), injuries,liabilities and expenses (including attorneys fees).

17. Limitation of Liability

The following applies in addition to all other limitations in thistariff. The Company and the Attaching Party shall be responsible onlyfor services and facilities which are provided by it, its authorizedagents, subcontractors, or others retained by it, and neither shallbear any responsibility for the services and facilities provided by theother, its agents, subcontractors, or other persons retained by suchparties.

In the case of any Loss arising from the negligence or willfulmisconduct of both parties, each party shall bear, and its obligationshall be limited to, that portion of the resulting expense caused byits negligence or misconduct or the negligence or misconduct of suchpartys agents, subcontractors, or other persons acting in concert withit. (C)






Witness: Rousell


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17. Limitation of Liability (cont'd)

Except for indemnity obligations each partys liability to the otherparty for any loss relating to or arising out of any negligent act oromission in its performance shall be limited to the total amount thatis or would have been charged to the other party by such negligent orbreaching party for the services or functions not performed or

improperly performed.

Each party shall, to the maximum extent permitted by applicable law,provide in its tariffs and contracts with its Customers that relate toany Service or facility provided or contemplated that in no case shallsuch Party or any of its agents, contractors or other persons retainedby such parties be liable to any customer for any Consequential Damagesas defined below. If a party breaches its obligations under thissubparagraph 17, the breaching party shall be liable to the non-breaching party for any and all losses resulting from such breach,including the indemnification of and/or reimbursement for lossesarising from claims by and from such breaching partys customers.

In no event shall either party have any liability whatsoever to theother party for any indirect, special, consequential, incidental, orpunitive damages, including but not limited to loss of anticipatedprofits or revenue or other economic loss in connection with or arisingfrom anything said, omitted or done hereunder (collectively,Consequential Damages), even if the other party has been advised ofthe possibility of such damages; provided that the foregoing shall notlimit a partys obligation to indemnify, defend and hold the otherparty harmless against any amounts payable to a third person, includingany losses, costs, fines, penalties, criminal or civil judgments orsettlements, expenses (including attorneys fees and ConsequentialDamages of such third party.

Except as expressly provided in this tariff, no remedy set forth inthis tariff is intended to be exclusive and each and every remedy shallbe cumulative and in addition to any other rights or remedies now or

hereafter existing under applicable law or otherwise. (C)






Witness: Rousell


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18. Force Majeure

In addition to other limitations in these tariffs:No party shall be responsible for delays or failures in performance ofany part of this tariff (other than an obligation to make moneypayments) resulting from acts or occurrences beyond the reasonablecontrol of such party, including acts of nature, acts of civil or

military authority, any law, order, regulation, ordinance of anygovernment or legal body, embargoes, epidemics, terrorist acts, riots,insurrections, fires, explosions, earthquakes, nuclear accidents,floods, work stoppages, equipment failure, power blackouts, volcanicaction, other environmental disturbances, unusually severe weatherconditions, inability to secure products or services of other personsor transportation facilities or acts or omissions of transportationcarriers (individually or collectively a Force Majeure Event); ordelays caused by the other party or any other circumstances beyond thepartys reasonable control. If a Force Majeure Event shall occur, theparty affected shall give prompt notice to the other party of suchForce Majeure Event specifying the nature, date of inception andexpected duration of such Force Majeure Event, whereupon suchobligation or performance shall be suspended to the extent such partyis affected by such Force Majeure Event during the continuance thereofbe excused from such performance (and the other party shall likewise beexcused from performance of its obligations to the extent such partysobligations relate to the performance so interfered with). Theaffected party shall use its reasonable efforts to avoid or remove thecause of non-performance and the parties shall give like notice andproceed to perform with dispatch once the causes are removed or cease.Notwithstanding the preceding, no delay or other failure to performshall be excused pursuant to this section:(i) by the acts or omissionof a partys subcontractors, materialmen, suppliers or other thirdpersons providing products or services to such party unless such actsor omissions are themselves the product of a Force Majeure Event, andunless such delay or failure and the consequences thereof are beyondthe control and without the fault or negligence of the party claimingexcusable delay or other failure to perform, or (ii) if such party

fails to implement any steps taken to mitigate the effects of a ForceMajeure Event (e.g., disaster recovery plans) in a non-discriminatorymanner during the period performance is impaired. (C)






Witness: Rousell


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19. Abandonments, Sales or Dispositions

The Company shall notify the attaching party of the proposedabandonment, sale, or other intended disposition of any structure.

20. Unauthorized Attachments

The Attaching Party shall promptly submit a request for access for anyAttachment of the Attaching Party made without a permit. The AttachingParty shall pay the Company the Unauthorized Attachment Fee for eachsuch unauthorized attachment.

21. Taxes

The attaching party shall be solely responsible for any or all taxeslevied on its attachments on the Companys structure.

22. Worksafety

Each party will be solely responsible for safety and supervision of itsown employees in working in and around the Companys poles, ducts,

conduits, and rights-of-way and shall comply with all applicable lawsincluding the Occupational Health and Safety Act.

23. Proprietary Information

The Disclosing Party will use its reasonable efforts to follow itscustomary practices regarding the marking of tangible ProprietaryInformation as confidential, proprietary, or other similardesignation. The Parties agree that the designation in writing by theDisclosing Party that information is confidential or proprietary shallcreate a presumption that such information is confidential orproprietary to the extent such designation is reasonable. (C)






Witness: Rousell


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23. Proprietary Information (contd)

Notwithstanding the requirements of this Section, all informationrelating to the Customers of a Party, including information that wouldconstitute Customer Proprietary Network Information of a Party pursuantto the Act and FCC rules and regulations, and Customer Usage Data,whether disclosed by one Party to the other Party or otherwise acquired

by a Party in the course of the performance of this General Statement,shall be deemed Proprietary Information.

Each Receiving Party agrees that from and after the Effective Date:

a) all Proprietary Information communicated, whether before, on orafter the Effective Date, to it or any of its contractors,consultants or agents (Representatives) in connection with thistariff shall be held in confidence to the same extent as suchReceiving Party holds its own confidential information; providedthat such Receiving Party or Representative shall not use less thana reasonable standard of card in maintaining the confidentiality ofsuch information;

b) it will not, and it will not permit any of its employees, Affiliatesor Representatives to disclose such Proprietary Information to anythird person;

c) it will disclose Proprietary Information only to those of itsemployees, Affiliates and Representatives who have a need for it inconnection with the use or provision of services required to fulfillthis tariff; and

d) it will, and will cause each of its employees, Affiliates andRepresentatives to use such Proprietary Information only to performits obligations under this General Statement or to use servicesprovided by the Disclosing Party hereunder and for no other purpose,including its own marketing purposes. (C

Original Sheet No. 18.1 is cancelled and removed from the tariff.






Witness: Rousell


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A Receiving Party may disclose Proprietary Information of a DisclosingParty to its Representatives who need to know such information toperform their obligations under this General Statement; provided thatbefore disclosing any Proprietary Information to any Representative,such Party shall notify such Representative of such persons obligation

to comply with this tariff. Any Statement by any of its Representativesand such Receiving Party agrees, at its sole expense, to use itsreasonable efforts (including court proceedings) to restrain itsRepresentatives from any prohibited or unauthorized disclosure or use ofthe Proprietary Information. Each Receiving Party making suchdisclosure shall notify the Disclosing Party as soon as possible if ithas knowledge of a breach of this General Statement in any materialrespect. A Disclosing Party shall not disclose Proprietary Informationdirectly to a Representative of the Receiving Party without the priorwritten authorization of the Receiving Party. (C






Witness: Rousell


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Proprietary Information shall not be reproduced by any Receiving Partyin any form except to the extent (i) necessary to comply with theprovisions of this Section and (ii) reasonably necessary to perform itsobligations under this tariff. All such reproductions shall bear thesame copyright and proprietary rights notices as are contained in or on

the original.

This Section shall not apply to any Proprietary Information which theReceiving Party can establish to have:

a) been disclosed by the Receiving Party with the Disclosing Partysprior written consent;

b) become generally available to the public other than as a result ofdisclosure by a Receiving Party;

c) been independently developed by a Receiving Party by an individualwho has not had knowledge of or direct or indirect access to suchProprietary Information;

d) been rightfully obtained by the Receiving Party from a third personwithout knowledge that such third person is obligated to protect itsconfidentiality; provided that such Receiving Party has noreasonable basis on which to inquire as to whether or not suchinformation was subject to a confidentiality agreement at the timesuch information was acquired; or

e) been obligated to be produced or disclosed by Applicable Law;provided that such production or disclosure shall have been made inaccordance with this Section. (C)






Witness: Rousell


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If a Receiving Party desires to disclose or provide to the Commission,the FCC or any other governmental authority any Proprietary Informationof the Disclosing Party, such Receiving Party shall, prior to and as acondition of such disclosure, (i) provide the Disclosing Party withwritten notice and the form of such proposed disclosure as soon as

possible but in any event early enough to allow the Disclosing Party toprotect its interests in the Proprietary Information to be disclosedand (ii) attempt to obtain in accordance with the applicable proceduresof the intended recipient of such Proprietary Information an order,appropriate protective relief or other reliable assurance thatconfidential treatment shall be accorded to such ProprietaryInformation.

If a Receiving Party is required by any governmental authority or byApplicable Law to disclose any Proprietary Information, then suchReceiving Party shall provide the Disclosing Party with written noticeof such requirement as soon as possible and prior to such disclosure.Upon receipt of written notice of the requirement to discloseProprietary Information, the Disclosing Party, at its expense, may theneither seek appropriate protective relief in advance of suchrequirement to prevent all or part of such disclosure or waive theReceiving Partys compliance with this Section with respect to all orpart of such requirement.

The Receiving Party shall use all commercial

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