within merger - Green Mountain Power...V.P.S.B. No. 9 Original Sheet l7l GREEN MOUNTAIN POWER...

V.P.S.B. No. 9Original Sheet 169

GREEN MOUNTAIN POV/ER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

For Customers within Green Mountain Power Corporation's ("GMP") serviceterritory as defined prior to the merger between Central Vermont Public ServiceCorporation and GMP.

ARTICLE I

DEFINITIONS

As used in this tariff the following terms shall have the following meanings'Terms defined in Appendix II hereto, Protocol in Connection with Pole Attachments byBroadband Service Providers or Wireless Telephone Operators shall have the meaningsdefined therein.

(A) Attaching Entity

An entity holding a certificate of public good from the Vermont Public ServiceBoard 1'tPSB'¡ or a Broadband Service Provider that seeks to attach a facility (orhas attached a facility) of any type to a Pole or right-of-way for the purpose ofproviding service to one or mole customers, including but not limited totelecommunications providers, cable television service providers, incumbentlocal exchange carriers, competitive local exchange cattiers, electric utilities andgovernmental entities.

(B) Attachment

Any strand, hardware, cable, wires, apparatus or other facilities, attachments oradditions attached to a Pole or right of way.

(c) Authorization

Written approval from the Company that the Customer may make anAttachment to specific Poles,

Broadband Service Provider

E}'FECTIVE On Bills Rendered on or after April'l ,2016CREEN MOUNTAIN POWER CORPORAI-ION

AnVice President, General Counsel, Powel Rcsoul'ces, and Corporate SecretaryA:\lìegulator¡,Aflair.s\lìetailRnteAdnrinistration\flctaìl'l'arilfs\Culrentl'ariffs\RateDesignlvlOU ll-6-2015-doc.

(D)

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V.P.S.B. No, 9Original Shcet 170

GREEN MOUNTAIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

An entity authorized to do business in the state of Vermont that seeks to attachfacilities that ultimately wilt be used to offer. Internet access to the public. WirelessBroadband Service Providers must hold an FCC license or use equipment thatcomplies-with-applicable FCC-requirements. A Broadband Service Provider whodoes not hold a certificate of public good from the PSB must, before availing itselfof the provisions of this tariff, file with the PSB and the Company an affidavit thatsets forth the Providerrs name, form of legal entity, contact information, agent forservice of ptocess, proposed general area of service, proof of insurance and arepresentation that the Provider will abide by the terms and conditions of PSB Rule3100 and Orders issued by the IISB.

Customer

An Attaching Entity not a party to a joint use agreement joint ownershipagreement or other special contract with the Company.

Field Survey Work or Survey Work

A survey of the Poles on which the Customer wishes to attach in order todetermine what work , ú any, is required to make the Pole ready to accotnmoclatethe required Attachment, and to provide the basis for estimating the cost of thiswork.

Joint Owner

A person, firm or corporation having an ownership interest in a Pole andf oranchor rod with the Company.

Make-Reacly Work

The work required (rearrangement andf or transfer of existing facilities on a Pole,replacement of a Pole or any other changes) to accommodate the Customer'sAttachments on a Pole.

EFFECI lVE:, On Bills Rendered on or añer April 1,2016CREEN MOUNTAIN POV/ER CORPORATION

AnceVice Plesident, Ceneral Counsel, Power Resources, and Corporate SecretarlÂ:\RegularoryAffairs\RetailRateAdministration\RetajlTariffs\CurrentTariffs\IìatcDesignMOU ll-(r-2015'doc

(E)

(F)

(c)

(H)

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V.P.S.B. No. 9Original Sheet l7l

GREEN MOUNTAIN POWER CORPOR.ATIONRULES AND REGULATIONS Þ-OR POLE ATTACHMENT SERVICE

(r) Other Attachee

Any entity, other than the Customer, to which the Company has or hereaftershall extend the privilege of attaching facilities to the Company's Poles.

(r) Pole

Any utility pole solely or jointly owned by the Company used in the Companyrsdistribution system to service its customers, not including poles used as part ofthe Company's transmission system.

ARTICLE II

SCOPE OF TARIFF

(A) This tariffis applicable to Attaching Entities, except that the rental rates for facilitiesattached to Poles set forth in Appendix I shall apply only to the Attaching Entities descr:ibedtherein. Subject to the provisions of this tariff, including the Customer's payment of the feesand charges required in Appendix I, the Company has or will issue to the Customerrevocable, nonexclusive Authorizations for the attaclment of the Customer's Attachments tothe Company's Poles. Attaching Entities that are not Broadband Service Providers orwireless telephone operators shall be allowed Attachments used in the provision of theirservice in the communications space available on the Cotnpany's Poles. Broadband ServiceProviders and wireless telephone operators shall be allowed Attachments used in theprovision of their wireless service on such locations on the Pole or a separate Pole as arespecified in the Authorization and as permitted undcr this tariff, any Attachment Protocoland PSB Rule 3.700.

(B) Nothing herein contained shall be construed as a grant of any exclusive authorization,right or privilege to the Customer. The Company shall have the right to grant, renew andextend rights and privileges to others by contract or otherwise, to use any Pole.

EFF'ECTIVE: On Bills Rendered on or after April l, 2016GREEN MOUNTAIN POVYER CORPORATION

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(C) No use, however extended, of the Compa:ry's Poles or payment of any fees or chargesrequired under this tariff shall create or vest in the Customer any ownership or properlylights in such Poles. Neither this tariff nor any Authorization granted hereunder shallconstitute an assignment of any of the Company's rights to use the public or private propertyat the location of the Company's Poles.

(D) Nothing contained in this tariff shall be construed to compel the Company to construct,retain, extend, place or mailltain any Pole or other facilities not needed for the Company'sown electric service requirements. The Company may relocate, remove, modify orreconfigule its Poles or other facilities as deemed prudent in its sole judgment.

(E) Nothing contained in this tariff shall be constued as a limìtation, restriction, or prohibitionagainst the Company with respect to any contract which the Company has heretoforeentered into, or may in the future enter into, with others regarding the Poles coveted by thistariff.

(F) The Comparry may deny the Customer access for reasons of safety, reliability, or generallyapplicable and accepted engineering standards. The Company may also deny access on anon-discrirninatory basis where there is insufficient capacity except where Make-ReadyWork can be used to increase or create capacity,

(G) No Authorization granted under this tariff shall extend to any of the Company's Poles whereit has been dcterminecl by a court of law or by the PSB that the placement of the Customer'sAttachments would result in a forfeiture of the rights of the Company, .Toint Owner(s), tooccllpy the property on which such Poles are located. If placement of the Customer'sAttachments results in a forfeiture of the rights of the Company, Joint Owner(s) or both, tooccupy such property, the Customer agrees to remove its Attachments within 60 days ofreceipt of notice from the Company; and the Customer agrees to pay the Company, JointOwner(s), or both, all losses, damages and costs incurred as a result thereof. Nothing hereinmodifies the right of any party to seek recourse through legal or regulatory process.

(H) Notwithstanding anything herein to the contrary, the Company may not favor itself over theCustomer, nor deny access based on a reservation of space for its own. use. However, theComparry may favor itself when it has a need for space on a Pole or Poles in order toprovide its electrical service and when it also has a bona fide development plan that shows a

EFFECTIVE On llills Rendered on or alter April l, 2016GREEN MOUNTAIN POWER CORPORATION

Charlotte B. AncelVice President, Ceneral CoLlnsel, Power Resources, and Corpolate Secretaryr\:\RegulatoryAlfairs\RetailRateAdrninistlation\RetailTariffs\CurtentTaliffs\RarcDesignMOlJ ll-6-2015.doc.

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V.P.S.B. No, 9Original Sheet 173

GREEN MOIINTAIN POWER CORPORATIONRI]LES AND REGULATIONS FOR POLE ATTACHMENI' SERVICE

need for additional Attachments to the Poles in question within three years of the date ofadoption of the plan; provided that the Company may not so favor itself for more than tlueeyears in any ten-year period.

ARTICLE III

FEES AND CHARGES

(A) The Customer agrees to pay to the Company the fees and charges as specified in and inaccordance with the applicable terms and conditions in Appendix L Changes oramendments to Appendix I may be effected by a separate tariff ñling with the VermontPublic Service Board, effective upon the date approved by the Vermont Public ServiceBoard whereupon it shall immediately become a part of the terms and conditions of thistariff. The Company shall provide the Customer with at least 60 days written notice priorto the effective date of any increase in pole attachment rates pursuant to any such tarifffiling.

(B) If at any time any of the Customer's Attachments undet this tariff fails or ceases to be a"Cable Attachment" as defined in Appendix I or constitutes an "Other Attachment" as

defìned in Appendix I, the Customer shall promptly notify the Company of such changeand shall pay such fees and charges as shall be applicable to any of its Attachments as

provicled in Appendix I.

ARTICLE TV

ADVANCE PAYMENT FORFIELD SURVEY AND MAKE-READY

Tl're Customer shall make an advance payment to the Company prior to therequired Field Survey Work and any Make-Ready Work required in an amountspecified by the Company sufficient to cover the estimated cost of the Survey Work andany Make-Reacly Work as provided in Appendix L The costs of the Survey Work andMake-Ready Work performed shall be payable whether or not the Custorner makes anyAttachments, After completion of Make-Ready Work, the Custorner shall pay the cost of

EFFEC-TIVE On Bills Rendered on or after April I, 2016GREEN MOUNTAIN POWER CORPORATION

Vice Plesident, General Cottnsel, Power Resourccs, and Corporate SecrctaryA:\RegulatoryAffaírs\RetailRateAdministration\RetailTaril'ls\CurrentT¡riflì\RatcDesig,nMOU ll-ó-2015.doc.

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GREEN MOUNTAIN POWER CORPORATIONRULES AND REGULATIONS I.'OR POLE ATTACHMENT SERVICE

all Make-Ready Work actually performed based on Appendix I that has uot beenprepaid, or shall be refunded any excess of the prepayment over such actual cost.

ARTICLE V

APPLICATION, SURVEYS AND MAKE-READY

(A) Application and Authorizatio$. Prior to attaching to any Pole, the Customer shall makewritten application and have received an Authorization therefore from the Company'Applications received by the Company from two or more Customers for attaohmentaccommodations on the same Pole, prior to the commencement of any Field Survey orMake-Ready Work required to accommodate any Customer, will bc processed by theCompany on the basis of the first received.

(B) Flield Survel, A Field Survey may be required for each Pole for which initial attachment ormaterial alteration thereof (as dcscribed in subparagraph (E)(5) of this Article) is requestedto determine the aclequacy of the Pole to accommodate the Customer's Attachments, TheCompany, any Joint Owner and any Other Attachee will cooperate to perform any FieldSurvey determined necessary by the Company and the Customer shall be affordedreasonable advance notice of ancl opportunity to participate in the Field Survey process. Ifafter the Field Survey the Compmy intends to deny access to Pole.s under Arlicle II of thistarif[ it shall state with specificity the grounds for the denial.

(C) Time to.Complete Fielcl Sqlvey, Any required Field Survey shall be completed within thefollowing time periods of receipt by the Company of the Customer's completedapplication and the advance payment provided by Article IV hereof. The þ'ield Surveyperiod shall depend on the number of Poles or Attachrnents involved on all of theCustomeL's outstanding applications that have not been surveyed, as a percentage of thetotal number of Poles, solely or jointly owred by the Company.

(1) Survey 'ü/ork on fewer than 0,5% of the Company's Poles or Attachments shall becompleted within 60 days.

(2) Survey Work on0.5o/o or mol'e but less lhatt3Yo of the Company's Poles orAttachments shall be completed within 90 days.

EFFECTIVE: On B ills Rendered on or after April 1 , 2016GREEN MOUNTAIN POV/ER CORPORATION

Vioe Prcsident, Ccneral Counsel, Power Res<¡ur'ccs, atrd Colporate SecretaryAr\fìegulaloryAflàirs\lìetaìlRateAdministration\Retail'l'arif'ls\Current'ì-arilß\Ratef)esigrrMOU ll-6-20l5doc.

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GREEN MOUNTAIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE A]'TACHMENT SERVICE

(3) Survey Work on3o/o or more of the Cornpany's Poles or Attachments shall becompleted within a time to be negotiated between all the affected owners andattachers. The time shall be negotiated in good faith and shall be reasonable in light ofsubsections (1) and (2), above.

(D) Make-Ready Estimale. If based on the Field Suwey the Company determines that a Pole towhich the Customer desires to make Attachment is inadequate or otherwise needsrearangement of the existing facilities thereon to accommodate the Attachments of theCustomer in accordance with the specifications set forth in Article VII, the Company willindicate on the authorization for Pole Make-Ready Work the estimatecl cost of the requiredMake-Ready Work and retum it to the Customer. If possible, the Company will give theCustomer written permission to attach, relocate or replace its Attachments before theCompany or Other Attachees complete any required Make-Ready Work consisting ofrearrangement of facilities,

(E) Responsibitiiy lbr Payrnent of'Make-Ready Costs'

(1) In addition to the payments to the Company for all required Make-Ready Workcharges specified in Article IV, the Customer shall also reimburse each OtherAttachee for any expense incuned in transferring or rearranging its facilities toaccommodate the Customer's Attachments.

(2) The Customer shall not be responsible-for any portion of Make-Ready-Work----expense that is attributable to the cor¡ection of pre-existing violations of thespecifications in Article VII he¡eof unless the Customer has caused a portion of theviolation.

(3) T'he costs of any rnodification that is also specifically used by Other Attachees shallbe apportioned accordingly.

EFFECTIVE; On Ilills Rendered on or aftet' April 1,2016CREEN MOUNTAIN POWER CORPORAI']ON

CharlotteVicc P¡'csident, General Counsel, Power Resourccs, and Corporate SecretalyA:\RcgularoryAllairs\lìetaillìateÂdrninistration\Tìetail'l'ariffs\CurrentTariffs\RateDcsignMOU I l-6-2015 doc.

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(4) Where the Cornpany currently relies on one or more techniques referenced insubsection FI of this Article as paft of its normal operating procedures, but refuses toutilize such procedure for the benefit of the Customet, the Customer shall only beresporrsible for the cost that would have been incurred had such techniques beenutilized (provicled such use would have been in accordance with generally accepteden gineering practices).

(5) The Customel shall be responsible for the costs of the Company's Make-Ready Workonly at the timc of initial Attachment or material alteration of an existing Attachmentand only when such costs are caused by the initial Attachment or material alterationof an existing Attachrnent. A material alteration oocurs when, after initial Attachment,the Customer adds equipment which either requires additional clearance or addssufficient additional stress to the Pole to require Make-Ready Work, but does notinclude a rebuild of the Customer's system with substantially similar equipment.Notwithstanding the foregoing, if at any time it is reasonably determined by theCompany that the Customer's Attachments are responsible fo¡ a Pole not being incompliance with the specifications in Arlicle VII hereof, the Customer shall pay forall Make-Ready costs of bringing the Pole into compliance, including a replacementPole if necessary and reimbursing each Other Attachee, including the Company, forany expense incun'ed in transferring or rearranging its facilities. It shall rebuttably bepresumed that the last Attaching Entity on a Pole caused the noncompliance withAfticle VII specifications.

(Þ-) !i$ç_tg_ÇlÐrry!Êfqì44kelçAd}. The Company and Other Attachees already attached to thePole shall complete necessary Make-Ready V/ork within the following periods, each suchperiod commencing on the date the following conditions have been satisfied: the Customerhas received from the Company written Authorization, the Company has received theprepayrnent as required in Article IV for such make-ready, and all applicable permits havebeen obtained by the Customer as provided in Article VI hereof. The Make-Ready Workperiod shall depend on the nurnber of Poles or Attachments involved on all of theCustomer's outstanding applications where Survey Work has been completed but Make-Ready Worì< has not been completed, as a percentage of the total number of Poles solely orjointly owned by the Company.

(1) Make-Ready Work on fer,ver than 0.5% of the Company's Poles or Attachments shallbe conrpleted within 120 days.

EFFECTIVE On Bills Rendered on or after April 1,2016CREEN MOUNTAIN POV/ER CORPORAI'ION

Charlotte B. AncelVice President, Ceneraì Counsel, Powcr Resources, and Corporate SecretaryA:\tìegulatoryAfiàirs\lìclailtlatcÂdrninistration\Retaill'ariffs\CurrcntTariffs\l{ateDcsignMOLJ Il-6-2015.doc.

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GREEN MOLN{TAIN POV/ER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACFIMENT SERVICE

(2) Make-Ready Work on 0.5o/o or more but less ThaI3o/o of the Company's Poles orAttachments Shall be completedwithin-1 -8O--days.

(3) Make-Ready'Work on3o/o or more of the Company's Poles or Attachments shall becompleted within a time to be negotiated between all the affected owners andattachers. The time shall be negotiated in good faith and shall be reasonable in light ofsubsections (l) and (2), above.

(G) The allowed time periods for the FieldSurvey Work and Make-Ready Work apply unless otherwise agreed by the various parties,and except for extraordinary circumstances and reasons beyond the Company's control.Each pre-existing Other Attachee is responsible for completing its work within a timethat allows the Company to comply with the requirements of paragraphs (C) and (F)above. If an application involves jointly owned Poles, then the longest applicable timeperiod applies.

(H) Least Cost Metho.ds,, In completing Make-Ready Work, the Company shall pursuereasonable least-cost alternatives, including space saving techniques currently relied uponby it; however, it shall at all tirnes maintain compliarrce with the National Electric SafetyCode, state and local laws and regulations, and its construction standards.

(r) Outsictq çontr.AcþlL The Company shall maintain a list of contractors whom it allows toperform Surveys, Make-Ready Work, installation or maintenance or other specified tasksupon its equipment. In the event that the Company cannot perform such work in a timelymanner, the Customer may demand that outside contractors be sought. The Companyshall thereupon exercise its best efforts to hire one or more contractors from the list toperform such work, under the supervision and control of the Company.

(J) Sverlaslling; Any overlashing must be done in accordance with generally acceptedengineering standards. The Customer shall give ten days'notice to the Company beforebeginning such overlashing. No additional application or payment is required for the

EFFECTIVE: On llills Rendered <,¡n or aÍler April 1,2016GREEN MOUN]'AIN POV/ER CORPORATìON

By: , _.CA* o.Þ-Ð-c"L-,- ..Charlotte B. AncelVice President, General Counsel, Power Iìesoulces, ancl Corporate SecretaryA:\RegulatoryAfläirs\RetailRateÂdministration\llelaill'arilß\CurrentTarilTs\Ratef)esignMOU ll-6-2015.doc.

V,P.S.B. No. 9Original Sheet 178

GREEN MOI-INTAIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

Customer to overlash rnore of its facilities to its existing facilities, uuless it necessitatesadditional costs such as guying or additional pole strength, occupies additionalattachnent space on the Pole, or provides a different utility service than the existingfacilities subject to a different rate under Appendix L In the event facilities of a thirdparty are overlashed .to those of a Customer, the Company shall be provided with noticewhich contains the corporate identity and the type of utility service being provided by theoverlashed facilities, cerlification that the third party has been issued a certificate ofpublic good in Vermont, contact information, Pole locations and the number of Poles anda certificalion that the overlashing party agrees to be governed by the applicable terms ofthis tariff and PSB Rule 3.700. Both the existing Customer and the third partyoverlashing to the facilities of the existing Customer shall pay rental at the applicable rateunder Appendix I.

(K)Should the Company, any Joint Owner, or other Customer need to attachadditional facilities to any of the Company's Poles, to which the Customer isattached, the Customer will rearrange its Attachments on the determined-by theCompany so that the additional facilities of the Company, Joint Owner or otherCustomer may be attached. Should the Company determine that the Customer'sAttachments should be transferred to a replacement Pole, the Customer shalltransfer its Attachments upon the request of the Company to the replacement Pole.

If the Custorner does not rearrange or transfer its Attachments within 30 days afterreceipt of written notice from the Company that the Pole is ready for the Customerto rearrangc or transfer its Attachments, the Company or Joint Owner may performor have performed such rearrangement or transfer, artd, notwithstancling theprovisions below, the Customer agrees to pay the costs thereof.

The Customer shall not be required to bear any of the costs of rearranging ortransferring its Attaclrments if such reauangement ot transfer is necessitated as aresult of an additional Attachment or modification of an existing Attachmentsought by a third party and should be paid for any work it perform.s toaccommodate such request. Where the Customer is required to rearrange ortransfer its Attachments upon the request of the Company for reasons of the

EFFECT]VE: On Bills Ren<Jered on or after April 1,2016GREEN MOUNTAIN POWER CORPORATION

Vice President, Ceneral Counsel, Power Resourr:es, and Corporate SecrelaryA:\RegulatoryAllàirs\Ret¿rillìtteAdrninistrationV{etailTarifl's\CurrentTarilß\RateDesignMOU ll-6-20l5,doc

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V.P.S.B, No, 9Original Sheet 179


(L)

Company's service requirements, including without limitatiory Poles replaced atthe request of the Vermont Department of Transportation, Poles replaced forimproved access, Poles replaced because of physical deterioration and damage andmodifications of or the addition of, an Attachment by the Company, the Customershall pay the costs of rearranging or transferring its Attachments to the replacementPole. \Mrere multiple parties join in a modificatiorU each party's proportionateshare of the total cost will be based on a ratio of the amount of new space occupiedby that party to the total amount of new space occupied by all parties joining in themodification. The Company shall not be required to use revenue that may resultfrom the use of any additional space tesulting from such replacement orreaïïangement to compensate parties that paid for the modification.

Guy Strtt,i.idSr The Customer may attach its guy strand to the Company's existing anchor rod at no

cha¡ge where the Company determines that adequate capacity is available. Where it has been

determined by a court of law or by the PSB that placement of the Customer's guy Attachment tothe Company's anchor would result in a forfeiture of the rights of the Company or Joint Owner(s)or both the Customer agrees to remove its Attachments within 60 days of receipt of notice fromthe Company and the Customer agrees to pay the Company or Joint Owner(s) or both, all losses,

damages and costs incuned as a result thereof, Nothing herein modifies the right of any party toseek recourse through legal or regulatory process'

ARTICLE VI

LEGAL REQUIREMENTS

(A) l¡ropeû .lplqrsst. Autho{izations and Pqrmits, The Cornpany shall make available whatcverproperty interest it has obtained with respect to the placement of facilities on the Company'sÞoles, but shall not be required to request additional propetty intercsts solely for the bcnefit of

EFFECTIVE: On Bills Rendered on or after April I , 201 6GREEN MOUNTAIN POWER CORPORATION

Vice Prcsident, General Counsel, Power Resources, and Corporate SecretaryA:\Reg¡latoryAffairs\RetailRateAtlministration\RetailTarifÏs\Currentl'aril'fs\llateDesignMOU ll-6-20l5.cloc.

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GREEN MOTINTAIN POWER CORPORA'|IONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

the Customer. The Customer shall be responsible for obtaining, at its sole cost and expense,from all appropriate public and private pelsons and entities any required consents, permits orauthorizations to construct, operate or maintain its Attachmeuts on public and private propertyat the location of the Company's Poles which the Customer uses and, upon the reasonablerequest of the Company, shall submit to the Company evidence of such coltsent, permits andauthority before making Attachments. If any permitting authority requires the participation ofthe Company, the Company shall oooperate in good faith with the Customer.

(B) Comnlíauc.,ç Wiül Law; The parties hereto shall at all times obse¡ve and comply with, and the.:+

provisions of this tariff are subject to, all laws, ordinances, and regulations which in anymanner affect the rights and obligations of the parties hereto under this tariff, includingwithout limitation, PSB Rule 3.700.

ARTICLE VII

SPECIFICATIONS, CONSTRUCTION AND MAINTENANCE OFATTACHMENTS

(A) Except as otherwise provided below, theCustomer shall, at its own expense, construct and maintain its Attaclments on Poles in a safecondition so as not to conflict with the use of the Poles by the Company or any OtherAttachee. The Company shall specify the point of attachment on cach Pole to be occupied bythe Customer's Attachments,

ß) Specifications. lhe Customer's Attachments shall be placed and maintained in accordælcewith the requirements and speoifications of the latest editions of the Bell System Manual ofConstruction Procedures (Blue Book), the National Electrical Code (lttrEC) the NationalElectrical Safety Code Q.{ESC), the rules and regulations of the Occupational Safety andHealth Act (OSHA), the Vermont Occupational Safety and Health Act (VOSHA), theCompany's Construction Standards and any other governiug authority having jurisdiction overthe subject matter. Where a difference in specifications exists, the more stringent shall apply,provided that if the Company's Construction Standards are the more stringent, the Companymust providc such standarcls to the Customer reasonably in advance bef'ore construction workis begun. The Company shall provide a copy of its Construction Standards to the Customerupon its request.

EFFECTIVE: On Bills Rendered on oraftcrApril 1,2016GREEN MOUNTAIN POV/ER CORPORAI-ION

Vice President, General Counsel, Power Resources, and Corpolate Sect'etalyA:\'l{egulatoryAlÏairs\RetailRate¡\dnrinistration\RetailTariffs\ClurrcnlTarifls\RateDesignMOti ll-6-2015.doc.

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GREEN MOUNTAIN POWER CORPORATIONRUI,ES AND REGI.]LATIONS FOR POLE ATTACHMENT SERVICE

(C) Cqmpanv's Right to Modifi/ Attachments. Notice. If any part of the Customer's Attachments isnot properly placed and maintained by the Customer as required under this tariff, theCompany may, upon thirty days'written notice to the Customer and in addition to any otherremedies the Compariy may have hereunder rnodifr such Attachments, at the Customer's cost,without any liability therefore. Notwithstanding the foregoing, less than 30 days notice may beprovided for modifications arising out of routine maintenance, modification in response toemergencies, or modifications that are beyond the reasonable control of the Company,provided that the notice is reasonable uncler the circumstances and as prompt as practicable.

(D) ttaohments. If the Customer desires to relocate orreplace any of its Attachments on Poles, it shall obtain specific written authorization from theCompany before such relocation or replacement.

(E) l'[iqq,'l'tinÌninE. No tee-trimming costs shall be billed directlyto any Customer iinless such costsare incur¡ed as the sole and direct result of an application to attach to the Company's Poles. In suchevent, the Company shall provide documentation to *rc Customer demorstating that the tree-timming was necessitated solely and directly by-the Customer's application for Attachments.The Company shall inforrn the Customer of the required tree trimming in writing.

(F) Att¡ûhlrrenl Protocol, Attached hereto as Appendix II is a protocol under which theCompnny will allow attachments by Broaclbancl Service Providers and Wireless TelephoneOperators in areas of its Poles that are not ordinarily usecl for attachments or for equipmentthat is unusually large. Such attachments may also, as determined by the Company, beattached to a separate Polc, provided by the Company, and paid for by the Customer if: theproposed attachment can not be made to the existing Pole consistent with the provisions inparagraph (B) above of this Article VII; the separate Pole is requested by the Attachinglintity; or the provision of tlie separate Pole is less expensive than the proposed attachmentto the existing Pole.

(G) Tennina'!íOn Dg-:¡lal'catiQtl An Attaching Entity may designate one or more Poles as itscustomer intcrface location for purposes of utility service delivery to the Attaching Entity

ARTICLE VIII

EFFEC'| IVE: On Bills Rendel'ed on or aftet' April l, 2016GREEN MOUNTA]N POWER CORPORAI'ION

Iry: &*lffiCharlotte B. AnçelVice Plesident, General Counsel, Power Resoul'ces, and Corporate SecretaryA:\tìegulatoryAffairs\IìcLailRatÈAdn)inistralion\RetailTariffs\CurlentTariffs\l{ateDesignMOU ll-6-2015.doc.

V.P.S,B, No. 9Original Sheet 182

GREEN MOUNTAIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHIVIENT SERVICE

INSPECTIONS OF CUSTOMER'S ATTACHMENTS

(A) Inspcctions: Cosl, The Company reserves the right to make periodic inspections of anypart of the Customer's Attachments to Poles. The Customer shall reimburse the Companyfor the expense of any inspection only for post-construction inspections and only for anyPoles where the inspection reveals violations of the requirements of Articles VI and/orVII herein and the violations are the fault of the Customer. The Company shall provide acopy to the Customer of any inspection report within l0 days of its being available in theevent the Company seeks reimbursement for the inspection from the Customer.

(B) Notice.and Partieinatíorr, The Company will give the Customer advance written notice ofand an opportunity to participate in such inspections, except in those instances where, inthe sole judgment of the Company, safety considerations justify the need for such aninspection without delay.

(C) No-!V¡-iver. eLq, The making of periodic inspections-or the'failurelo do so-shall notoperate to relieve the Customer of any responsibility, obligation or liability assumed underthis tariff. Any charge imposed by the Company for such inspections shall be in additionto any other sums due and payable by the Customer under this tariff. No act or failure toact by the Company with regard to said charge or any unauthorized use by the Customershall be deemed as a ratification or the Authorization of the unauthorized use; and if anyAuthorization should subsequently be issued, said Authorization shall not operateretroactively or constitute a waiver by the Company of any of its rights or privilegesunder this tariff or otherwise.

ARTICLE IX

UNAUTHORIZED ATTACHMENT S

EFFEC'I'IVE; On Bills Rendered on or after April l, 2016GREEN MOUNTAIN POWER CORPORATÌON

ChVice President, Genet'al Counsel, Power Resoul'ces, and Corporate SecretaryA:\lìegularoryAffàirs\RetailRateAdministr¿rtion\RetailTariffs\CurrentTarifl!\lìateDesignMOU ll-6-2015.doc,

By:


GREEN MOUNTAIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE A]-TACHMENT SERVICE

(Ð Upon receipt of notifìcation from the Companythat unauthorized Attachments exist, a Customer shall havc 30 days or other mutually agreedupon time period, to provide the Company with a copy of an Authorizationor other satisfactoryevidence that proves the Attachments have been authori zedby the Company. If any of theCustomer's facilities a¡e attached to the Company's Poles without Authorization, the Companymay recover fees as specified in paragraph (B) below without prejudice to its other rights orremedies under this tarifl including termination, or otherwise, and requirc the Customer tosubmit in writing, within 30 days after receipt of wlitten notifrcation from the Company of theunauthorized Attachment, a Pole attachment application. If such application is not receivedwithinthe specified time period, the Customer shall remove its unauthorized Attachments within30 days of the final date for submitting the required application, or the Company may remove theCustomer's Attachments or facilities without liability at the Customer's experìse

(B) Upon discovery ofanunauthorized Attachment, the Customer agrees to pay an amount equal to a minimum one yearrent for any unauthorized Attachments ifthe Company cannot detennins the date theunauthorized Attachment was made, Customers who are repeat offenders will be brought to theattention of the PSB. Should the Customer, at a futr:re date, discover a copy of ær Authorizationor other satisfactory evidence that proves the Attachments were authorized by the Company, theCompæry will adjust the Customer's rental bill accordingly including any interest associated withthe amount.

ARTICLE X

INDEMNITIES, LIABILITY AND DAMAGES

(Ð Except in the event of the Company's negligence, gross negligence or willful default, theCompany shall not be liable to the Customer for any intemrption of or interference with theoperation ofthe Customer's seryices, or otherwise, arising itt uny manner out of the use of theCompany's Poles. The Company shall pronrptly report to the Customer any damage to theCustomer's facilities.

(B) The Customer and the Company shall each exercise duc care to avoid damaging eachother's facilities and the facilities of others attached to the Company's Poles, and theCustomer and the Company, each, assumes all responsibility for any and all loss, damageor injury caused by its respective employees, agents or contractors. The Customer or the

EFFECTIVE: On Bills Rendered on or after April l, 2016GREEN MOUNTAIN POV/ER COIIPORATION

1g^ ^^Q- A... OCharlotte B. AncelVice Presidellt, General Counsel, Powet Resout'ces, and Corporate SecretaryA:\RegulatoryAffairs\tìetaill{ateAdministlation\lìctailTarifß\Current'l'ariffs\RateDesignMOU l l-6-2015.doc,

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Company shall promptly report to the other and any Other Attachee any such loss,damage or injury and agrees to reimburse the parties suffering loss, damage or injurycaused by it.

(C) If any work on a Pole is not completed within the time required under Public ServiceBoard Rule 3.700 because of delays cansed by the Customer, and the Company is liablefor any penalties or damages because of the delay, the Customer shall indemnify theCompany for any penalty and damages paid.

(D) Except as may be caused by the negligence of the party seeking indemnification, theCompany and the Customer shall each defend, indemniff and save hannless the otheragainst ancl from any and all liabilities, claims, suits, fines, penalties, damages, losses, fees,

costs and expenses (including reasonable attorneys'fees) including, but not limited to, thosewhich may be imposed upon, incuned by or asserted against the party seekingindemnification, by reason of (a) any work or thing done upon the Poles or any part thereofby the indemnifoing party or any of its agents, contractors, servants, or employees; (b) anyuse or occupation of said Poles or any part thereof by the indemnifuing party or any of itsagents, contractors, servants, or employees; (c) any act or omission on the pæ1 of theindemnifyin g parly or any of its agents, contractors, servants, or employees, for which theparty seeking indemnification may be found liable; (d) any incident, injury (including death)or damage to any person or property occuning upon said Poles or any part thereof arisingout of any use thercof by the indemnifying party or any of its agents, contractors, servants,or employees; (e) any failure on the part of the indemniffingparty to perfotm or complywith atry of the covenants, tariffs, terms or conditions contained in this tariff; (f) paymentsmade uncler any worker's compensation law or under any plan for employees disability anddeath benefits arising out of any use of the Poles by the indemnifling party of ariy of itsagents, contractors, servants or employees; (g) the erection, maintenance, presence, tìse,occupancy or removal of the indemniffing party's facilities by it or any of its agents,contractors, servants, or employees or by their proximity to the facilities of other partiesattached to the Poles of the party seeking indemnification; provided that the indemnifyingparty shall defend, indemniff, and save harmless the parly seeking indemnification againstand from any and all such liabilities, claims, suits, fines, penalties, damages,losses, fees,costs and expenses brought, made or asserted by any of the indemnifling parry's agents,contractors, servants, or employees of any of the indemnifying party's contractors or agents;and (h) any and all such liabilities, claims, suits, fines, penalties, damages,losses, fees, costs

EFFECTIVE On Bills Rendered on or after April l, 2016GREF,N MOUNTA]N POV/ER CORPORATION

-A^^!-fu Ðrc'9--'Charlotte B. AncelVice Plesident, Ceneral Counsel, Power Resoul'ces, and Corporate SecretaryA:\RegulatoryAlfiirs\RetailRateArlministration\Retail'ì'ariflfs\CurrcntTarilïs\RateDesignMOU ll-6-2015.doc.

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V,P,S.B. No. 9Original Sheet 185

GREEN MOLINTAIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

and expenses brought, made or asserted by any of the indemnifying party's agents,contractors, servants, or employees of any of the indemnifuing party's contractors or agents.

(E) The Customer.shall indemnifr, save harmless and defend the Company from any and allclaims and demands of whatever kind which arise directly or indirectly from the operationsof the Customer's Attachments, including taxes, special charges by others, claims anddemands for damages or loss for infringement of copyright, for libel and slander, forunauthorized use oftelevision broadcast programs, and for unauthorized use ofotherprogram material, and from and against all claims and demands for infringement of patentswith respect to the manufacture, use and operation of the Customer's Attachments incombination with Poles, or otherwise.

(F') The provisions of this Article shall survive the expiration or termination of anyAuthorization issued under this tariff. In no event shall the Company or Customer be liableto one another for any special, consequential or indirect damages (including, withoutlimitation, lost revenues and lost profits) arising out of this tariff or any Authorizationissued hereunder.

ARTICLE XI

INSURANCE

(A) The Customer shall carry insurance issued by an insurance carrier satisfactory to theCompany to protect the parties hereto from and against any and all claims, demands,action, judgments, costs, expenses and liabilities of every kind and nature which mayarise or result, directly or indirectly from or by reason of such loss, injury or damage ascovered in Article X preceding.

(B) The amounts of such insutance, without deductibles shall be:General Liability - Aggregate Coverage

Products & Completed OpsPersonal Itltry & AdvertisingFire Legal LiabilityPremises Medical Payments

EFFECTIVE:, On Bills Rendered on or after Apr.il 1,2016GREEN MOUNTAIN POWER CORPOIìATION

$2,000,000$1,000,000$ 1,000,000$ 500,000$ 5,000

Ð,c.9-'B. Ancel

Vice President, General Counsel, Power Resoul'ces, and Colporate SecretaryA:\RegulatoryAffairs\RetailRatcAdministration\Retaill'arill.s\Curcn¡-fariff's\RateDcsigrrMOU ll-6-2015,doc.

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(D)

(E)


GREEN MOT]N]'AIN POV/ER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

(C) The Customer shall also cany such insulance as wilì protect ìt from all clairns under anyapplicable Workers' Compensation Law-

All insurance must be eff'ective bef'ore the Customer attaches to any Pole and shall remainin force until such Attachments have been removed fi'om all Poles.

The Customer shall submit to the Company ceftificates of insurance by each companyinsuring the Customer to the effèct that it has insured the Customer for all liabilities ofthe Customer covered by this tariff that the Company is an additional insured under thepublic liability policy, and that it will not cancel or change any such policy of insuranceissued to the Customer except after the giving of at least 30 days' written notice to theCompany. Evidence of coverage obtained by the Customer shall state that the coverageprovided is primary and is not excess to or contributing with any insurance or self-instpance maintained by the Company. The Cornpany shall have the right to inspect orobtain a copy of the applicable policies of insurance.

The Customer's propefiy insurance policy shall contain a waiver-of-subrogation clauserunning to the Company. This must be-reflected-on the certificate of insurance providedby the Customer. The Customer agrees that this policy shall be the primary remedy forany losses covered by the policY.

(F)

(A)

EFFECTIVE:

-n"-*LM Ð\cr9-'Charlotte B. AncelVice President, General Cottnsel, Power Resource.s, and Co|porate Sect'etaryA:\lìegularoryAflairs\RetailfìatcAdministralion\Retail-l'arifß\Current'f'arill.s\RateDesignMOU I l-ó-20l5.doc-

ARTICLE XII

DEFAULT

If the Customer shall fail to comply with any of the terms or conditions of this tariff ordefautt in any of its obligations under this tariff, or if the Customer's facilities aremaintained or usecl in violation of any law, the Company shall give the Customer writtennotice of such default. The Customer shall take corrective action as necessary toeliminate the noticed default and shall confirm in writing to the Company within sixtydays following such written notice that the default has ceased or been corected. If theCustomer fàils within sixty days after written notice from the Company to correct suchdefault and fails to give the written confirmation to the Company within the time statedabove, the Company may at its option, as appropriale to the particular default, terminate

On Bills Rendered on or after April I , 2016GREEN MOUNTAIN POWER CORPORATION

By:


GREEN MOUNTAIN POWER CORPORATIONRULES AND REGT]LATIONS FOR POLE ATTACHMENT SERVICE

all Authorizations granted hereunder, or the Authorization covering the Poles as to whichsuch default or noncompliance shall have occurred.

(B) If an insurance carrier at any time notifies the Company that the policy or policies ofinsurance requirecl under Article XI will be cancelled or changed so that the requirements ofthat Article for the Customer specified in said notìce will no longer be satisfied, then uponsixty days prior written notice by the Company to that Customer, all Authorizations forAttachments by that Customer shall terminate rurless prior to the effective date of suchcancellation or change, the Customer shall furnish to the Company certificates of insurancespecif,ing insurance coverage in compliance with the provisions of Article XI.

(C) In the event of termination of any Authodzation granted hereunder by the Company, theCustomer shall remove its Attachments from the Poles for which Authorization isterminated within six months from the date of termination. If the Customer does notremove its Attachments within the said six month time period, the Company shall havethe right to remove them at the Customer's expense and without any liability to theCustomer therefore. The Customer shall be liable for and pay all fees pursuant to theterms of this tariff to the Company until such Attachments are removed.

ARTICLE XIII

TERMINATION OF AUTHORIZATION BY CUSTOMER

The Customer may at any time terminate any Authorization granted hereunder uponwritten notice to the Company, payment and performance in full of all obligations andliabilities hereunder and upon removal of all Attachments for which the Authorization isbeing terminated, at the Customer's cost and expense. Billing for the Attachmentsremoved shall cease as of the last day of the month in which notification was received.Following removal, no Attachment shall again be-made to such Pole unless the Companyhas granted an Authorizationtherefore and the Customer shall have first complied withthe provisions of this tariff as though no such Attachment had previously been maclc.Termination of any Authorizations issued hereunder shall not affect the Customer'sliabilities and obligations incurred hereunder prior to the effective date of suchtermination.

EFFECTIVE: On Bills Rendered on or after April l, 2016GREEN MOUNTAIN POWER CORPORATION

Bv: -æ*Æ,Ð4Charlotte B. AncelVice President, General Counsel, Power Resources, and Corporate SecretatyA:\IìegularoryAl-l-airs\lleta¡llìateAdministration\l{ctailTariffls\CurrentTariffs\RateDesignMOU ll-6-20 l5.doc.



ARTICLE XIV

MISCELLANEOUS

(A) Pole space authorized for a Customer is for the useof the Customer only, and the Customer shall not lease, sublicense, subauthorize, sharewith, convey or resell to any affrliates, subsidiaries or others any such space orAttachment or rights granted hereunder except as provided in Aticle V(J) (Overlasharangements). Notwithstanding the foregoing provisions of this Section, the Customermay lease, sublicense, share with or otherwise convey an interest in its own Attacfunentsheretrnder to an affiliate, subsidiary or other third party, provided that: (a) the Customerremains responsible for compliance with the terms of this Tariff; (b) the Customerpromptly discloses to the Company the existence of any such arrangements, the identityof the third party, and the locations of any such arrangements (by pole locations, to theextent practicable); and (c) the Attachments subject to such third pafty arrangements(other than Overlash arangements pursuant to Article V(J)) shall be billed by theCompany at the rate applicable to the Attachment, as set forth in Appendix I of thisTariff. By way of illustration, a Customer paying the attachmcnt rate for CableAttachlnents would be billed at the rate in Appendix I applicable to Cable Attachments ifthe third parly also was a cable operator not providing local exchangetelecommunications seryice by means of the billed for Attachments, or would be billed atthe attachment rate applicable to Other Attachments if the third party is deemecl to beproviding local exchange telecommunications services as set forth in Appendix I. In theevent of any dispute concerning the application of this Section, the Company and theCustomer will act in good faith to resolve such dispute, but each party shall have the rightto seek a ruling from the Board concerning the application of this Section.

(B) Failure to Enforce. Failure of the Company to enforce or insist upon compliance with any ofthe terms or conditions of this tariff or Authorizations granted hereundcr or to give noticeor cleclare any Authorization terminated shall not constitute a general waiver orrelinquishment of any term or condition of this tariff or Authorization.

EFFECTIVE: On Bills Renclered on ot'after April l, 2016G REEN MOUNI'AIN POWER CORPORA'I'ION

AncelVice President, General Counsel, Power Resources, and Corporate SecretaryA:\lìegulatoryAff-airs\RetailllatcAdministration\RetailTarìffs\CurrentTarif'f.s\RateDcsignMOlJ ll-6-2015.doc.

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(C) NotlceË. All written notices required uncler this tariff shall be given by fir'st class mail,electronically or by facsimile and if to the Company to: Green Mountain PowerCorporation, Director of Transmission & Distribution, 163 Acorn Lane, Colchester,Vermont 05446. The Customer shall provide its notice information to the Company,

(D) Nothing in this tarifT or any Authorization issued ---pursuant to this tariff shall be construed to create any duty to, any standard of care withreference to, or any liability to a person not a pafiy to an Authorization. No undertakingby one party to any other under any provision of this tariff or any Authorization issuedpursuant to this tariff shall constitute the dedication of that party's system or any portionthereof to the other party or to the public, nor affectthe status of the Company as anindependent public utility corporation, or the Customer as an independent entity.

(E) Rights Cuf.nulntiv.eu, The rights and remedies provided by this tariff are cumulative and theuse of any one right or remedy by the Company or the Customer shall not preclude orwaive its rights to any or all other remedies. Said rights and remedies are given in additionto any other rights the Company or the Customer may have by law, statute, ordínance orotherwise, except as remedies are expressly limited in this tariff or any Authorization orVermont Public Service Board Rule 3.700,


Vice Presìdent, General Counsel, Powet' Resources, and Corporate SecretaryÂ:\RegulatolyAflairs\RctailllatcAdnrinistration\Retaill'ariffs\CurrentTariffs\RateDesignMOtJ ll-6-2015,doc.

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APPENDIX I

SCHEDULE OF FEES AND CHARGES

(A)

As used herein, the ternr "Cable Attachment" shall mean an Attachment by an entity

authorized to offer cable television service ("Cable Operator") used to provide cable television

service and not used to provide local exchange telecommunications se¡vices. An Attachment by

a Cable Operator will be deemed to be used to provide local exchange telecommunications

services in any town where

(i) the Cable Operator uses any of its Attachments to provide local exchangeteleconrlnunications services within the town served by the Attachment; or

(ii) if located in a town where the Cable Operator offers or adveftises the availability oflocal exchange telecommunication services within the town. Where the Cable Operatorleases Attaclrments to another entity for use in providing local exchange telecommunicationsservices, none of the leased attachments shall be considered Cable Attachments. Certifìcationof a Cable Operator to provide local exchange telecommunications services shall be evidenceof but shall not be, in and of itself, sufficìent for an Attachment not to be classified as a

Cable Attachment.

(B)

As used fterein, the term "Other Attachment" shall mean an attachment by an entity

EFFECTIVE; On Bills Rendered on ol'after April l, 2016GIìEEN MOUNTAIN POWER CORPORATION

B, AncelVice President, General Cotrnsel, Polver Resources, attd Corporate SecretatyA:\RcgularoryAff'airs\fìetailRateAdministration\Retail'l'arifls\CurrentTarifß\RateDesignMOU ll-6-2015.doc.

By

V.P.S.B. No. 9Original Sheet l9l


described in the heading to this paragraph (B), whose Attachments as specified in amended Rule

3.'/00, effective September 1,2007, $ 3.706(DXlXbxii) occupy two fèet of space. "Other

Attachment" shall also include Attachments by an Attaching Entity where the Public Sel'vice

Board has determined that the fees payable for Other Attachments is applicable.

(C) Attachnent Fees

I . Fees shall be payable in advance quarterly on March 3 1 , June 3 0, September 3 0and December 31.

The attachment fees shall be based on the number of Poles for whichAuthorizations for Attachments have been issued on the first day of the applicablethree month period and shall include a proration from the date that the priorpayment period commenced for additional Poles for which Authorizations havebeen issued during that period.

2. The annual attachment fees payable to the Company for Cable Attachments are

J,

EFFECT]VE:

$8.00 per Cable Attachment per Pole owned entirely by the Company

$8.00 per Cable Attachment per Pole on the Company's Poles owned jointly withothers, multiplied by the Company's proportionate ownership share.

The annttal attachment fees payable to the Company for Other Attachments are:

$16 per Other Attachment per Pole owned entirely by the Company

$16 per OtherAttachment per Pole on the Company's Poles owned jointly withothets, multiplied by the Company's proportionate ownership sharc.

On Bills Rendered on or after April I , 2016GREEN MOUNTAIN POWER CORPORATION

B. AncelVice President, Ceneral Counsel, Power Resources, and Corpolate SecretaryÂ:\RegulatoryAffairs\RetailRateAdministration\Iìetail'l-ariffs\Currenl'I'aril'l's\RateDesignMOU I l-6-2015 doc.

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GREEN MOUNT'AIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

(D) Qtlreî Charsçq

All charges for Fielcl Survey, inspections, Make-Ready 'Work, removal of the Customer'sfacilities fi.om the Company's Poles and any other work performed for the Customer shallbe the cost to the Company of such field work. The Company and the Customel mayagree to a flat-rate billing anangement in lieu of the arrangement described in thepreceding sentence.

(E) Pavment DateÃ-i f".r and charges shall be paid within 30 days after presentment of the bill or on thespecified payment date, whichever is later. In the event of an untimely payment, alalepayment óh*g. shall accrue ancl be payable to the Company atthe rate of 7'AYopermonthfrom and after the billing date. The payment of any -late payment charge shall not cure orexcuse any default by the Customer under this tariff'

EFFECTIVE: On Bills Rendered on or alìer April l, 2016GREEN MOUNTAIN POWER CORPORATION

By: =_f o,*-¡ft\ ê-'coc . --Charl<¡tte B. AncelVice Prcsident, General Counsel, Power Resources, and Corporate SccretaryA:\RegularoryAflairs\RelailRatcA<Jrnìnistration\Retail'l'arill's\Cu¡'rentTarifß\RateDesignMOU ll-ó-2015'doc'

V.P.S.B. No. 9Oliginal Sheet 193

GREEN MOI-N{TAIN POV/ER CORPORATIONRULES AND REGUI,ATIONS FOR POLE ATTACHMENT SERVICE

APPENDIX IIPROTOCOL IN CONNECTION WITH POLE ATTACHMENTS BY

BROADBAND SERVICE PROVIDERS OR \ryIRELESS TELEPHONEOPERATORS

A) Introduction

This Protocol establishes tlie recluirements to be implemented in connection with the attachmentof Wireless Se¡vice Provider's Facilities by Broadband Service Providers or Wireless TelephoneOperators (individually or together the "Customer" or "Wireless Service Provider") to space onPoles that are not ordinarily used for attachments including space ordinarily used only for theattachment of electric distribution facilities or for equipment that is unusually large. Nothingherein is intended to confer any right to a Broadband Service Provider or Wireless TelephoneService Provider to attach cables, fibers, lines, strands or other attachments from pole to pole orfacilities which do not qualify as Wireless Service Provider's Facilities. Such attachments aregoverned under other provisions of the Company's Rules and Regulations for Pole AttachmentService (the "Tariff'). To the extent this Protocol differs from other Tariff provisions, thisProtocol controls, otherwise relevant Tariff articles apply'

B) Definitions: Teams defined in the Tariff, including the definition of Broadband ServiceProvider, shall have the meanings defined therein, as the same may be amended or revised fromtime to time. In addition, the following terms shall have the following meanings:

1) Wireless Telephone Operator -- means an entity authorized to do business in the state ofVermont that seeks to attach facilities that ultimately will be used to offer wirelesstelephone access to the public. A'Wireless Telephone Operator who does not hold acertificate of public good from the Board must, before availing itself of the provisions ofthe Tarifl'and this Protocol, fìle with the Board and the Company an affrdavit that setsforth the Operator's name, form of legal entity, contact information, agent for service ofprocess, proposed general area of service, proof of insurance in the amounts specified inthe Tariff, and a representation that the Provider will abide by the teaus and conditions ofthe Tariff, this Protocol and Board Rule 3.700'

2) Wireless Service Provider's Facilities - means any autenna, hardwate, cable, wire,apparalus or other facilities, attachment-or addition to a Pole or right of way by a

EFFECTJVE: On Bills Rendeled on orafterApril 1,2016GREEN MOUNTAIN POV/ER COIìPORATION

By: -@Chilrlottc B. Ancelvice President, ccneral counsel, Power Resources, and corporate secretatyA:\l(egulatoryz\flairs\fìetaillìatcAdnrinistration\RctailTariffs\Current'I'arifli\RateDesignMOtJ ll-6-20 l5tloc-


GREEN MOTINTAIN POV/ER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

Broadband Service Provider or Wireless 1'elephone Operator and used in its provision ofwireless internet access or wireless telephone service to the public'

3) Licensed Professional Engineer - means a person licensed to provide professionalengineering services pursuant to Chapter 29 of Title 26 of the Vermont StatutesAnnotated.

4) Construction Standards - means the engineering ancl construction requirements for theattachment of Wireless Service Provider's Facilities to the Company's Poles developed andmaintained by the Company. The purpose of the Construction Standards shall be to provideguidance for the attachment of Wireless Service Provider's Facilities to promote andiacilitate such attachment, while protecting the public's health and safety, protecting workersafety, providing for the least-cost provision of electric selice, and maintaining thestability and reliability of the Company's electric system. The Company reserves the rightto update its Construction Standards from time to time.

C) Application

1) The Customer shall provide the Company with a completed application accompanied byan advance payment in accordance with the Tariff requesting review of one or more

proposed locatìons for the attachment of the Wireless Service Provider's Facilities. In that

application, the Customer shall provide the following information:

a. A set of design plans and specif,rcations for each device or piece of equipment comprisingthe Wireless Service Provider's Facilities that the Customer proposes to have attached ona Pole. The Customer's design shall be certified by a Licensed Professional Engineer, atthe Customer's expense, prior to its submission to the Company, except as set forth insection G, 1).

b. Proposed attachment location by municipality, ancl Company line # and pole # whenposiible, inclucling the specihc points of attachment for the Wire less Service Provider'sFacilities on each proposed Pole.

EFF'I]CTIVE: On Bills Rendered on or after April I , 2016GREEN MOUNTAIN POWER CORPORATION

Vice President, Gencral Counsel, Power Resources, and Corporate SecretatyA:\RegulatoryAffàirs\RetailRateAdministration\lletailf'ariffs\CurrentTarifß\RateDesignMOU ll-6-2015.doc.

By:


GREEN MOLINTAIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

c. If the Company is not the pole owning utility but is a franchised provider of electricdistribution service with facilities located on the Pole, the Customer shall submit a

completed application to the Company and the Pole owning utility.

D) Make-Ready Survey1) A Make Ready Survey will be required for each Pole for which the attachment of

Wireless Service Provider's Facilities is requested.

2) The Company shall cletermine, based on the pre-construction survey, if its attachments onthe Pole can be reasonably rearranged or replaoed to accommodate the Customer's attachments.The Company shall specifically provide its reasons for any denial of access if the Customer'srequest can not be accommodated.

E) Make Ready Work

1) Installation

a. The Customer shall be authorized to have Wireless Service Provider's Facilitiesattached within or above the Electric Supply Space consistent with therequirements of the Tariff and this Protocol. All such installations of a WirelessService Provider's Facilities must conform to the specifications set forth in ArticleVII (B) of the Tariff.

b. Installation and maintenance of Wireless Service Provider's Facilities locatedwithin or above the Electric Supply Space shall only be performed by theCompany or its outside contractors qualified to work above the communicationand safety zones within thc Electric Supply Space on a Pole and shall be billableto the Customer.

F) Suitability for Pole Attachments

The Company and the Customer shall determine the suitability of the Company's Pole for theplacement and maintenance of Pole attachments as set forth in this section.

EFFECTIVE: On Bills Rendered on or after April l, 2016GREEN MOUNI'AIN POWER CORPORATION

I

Vice President, Ccneral Counsel, Power Resoul'ccs, and Corporate Secretat'yÂ:\RegulatoryAffairs\lìetailllateAclrninistlalion\Retail'IarifIs\CurrentTarifß\RateDesignMOU ll-6-2015.doc.

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1) 'fhe Company shall determine the suitability of its Poles for Pole atlachments on a case-by-case basis, pursuant to PSB Rule 3.701(C),

2) The Company may offer the placement of a separate Pole pursuant to PSts Rule3.708(K).

3) Poles that carrl' prímary electrical service that are not bucket truck serviceable may bedeemed unsuitable for pole-top attachments, at the discretion of the Company.

4) All attachments shall preserve climbing access to all facilities.

5) Antennas shall not be installed above the communications space on the Pole types listedbelow. These Pole types may restrict attachments in the communications space as well,

a. Regulator Poles

b, Capacitor Poles

c. Riser Poles and underground dips for future risers

d. Neutral Isolation Poles

e. Switch Poles

f. Three phase transformer Poles

Single phase transformer Poles - unless-the transformer's-orientation-can belearranged such that future scheduled maintenance of the Company's equipmentwouldn't be hampered by the Customer's attached equipment.

Poles with two sets of cross arms where the cross arrns occupy all four quadrantson the Pole.

EFFECTIVE: On Bills Rendered on or aÍÌer April 1,2016GIIEEN MOUNTAIN POWER CORPORATION

rlotte AncclVice President, General Counsel, Power Resources, and Corporate Secretary,A;\f{egulatoryAllàirs\RetaillìateAdrrinistration\l{ctail'l-ariffs\CurrentJ'aril'ls\fìateDesi¿-nMOU ll-6-20l5.doc'

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GREEN MOUNTAIN POV/ER CORPORATIONRULES AND REGULATIONS FOR POI-E ATTACHMEN'I SERVICE

Poles that have structural repairs such as C-t¡uss jnstallations, fibelglass repairsleeve or have been identifìed as needing structural repair. Pole replacement will berequired.

J Poles with other attachments such as equipment including cross-connectingtenninals, distribution tetminals, load coil cases, apparattts cases, air dryers, CATVamplifìers or power supplies and any other equiplnent of significant size that iseither pole- or strand-moturted.

Poles considered as congested. These are Poles that support two or more feeders.The Company's Pole inspection shall determine any Pole that could be exemptedfrom this stipulation.

Poles with characteristics that do not guarantee the maximum permissible generalpublic/uncontrolled exposure limits to Radio Frequency ("IUt"¡ radiation as

indicated in Table I of FCC's Rule 47C.F.R. $ 1.13 10.

6) For poles serviced by bucket trucks, all Pole-top attachments must be accessible with theaerial lift device used by the Company. The m¿ximum height of the attachments will depend onthe Company's aerial lifr trucks, Exact anten¡a height restrictions will be determined by fieldinspection at the proposed antenna location.

G) Structural

The Company and the Customer shall aclhere to the Structural Guidelines as set forth in thissection.

1) Antenna support structures shall be designed to withstand load requirements specified bythe NESC, The Company will determine the level of structural and design analysis requiredbased on the specifics of the attachment request and the circu.mstances at the requested site. a)Pole-top attachments complying with the "Vermont Standard"rpole-top attachment design (ifand when approved by the Company) shall not require additional review by a Licensed

' The ''Vermont Standard" is currently under design by thc Vermont Telecommunications Authority.

EFFEC'I'IVE: On Bills Rendered on or after Aplil l, 201 6GREEN MOUNTAIN POWER CORPORATION

By: -4^-4.h.,Ê*."cCharlotte B. AncelVice President, General Counsel, Power'Resources, and Corporate SecretatyA:\RegulatoryAffairs\RctailRatcAclnrinistralion\lìelailTariffs\CtlrrentTariffs\RateDeslgnMOU ll-(r-2015.doc.

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l.

V.P.S.B. No. 9Original Shect 198

GREEN MOTINTAIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

Professional Engineer. b) The Company may require that a Licensed l'rofessional Engineerperform an analysis at the Customer's expense if the proposed attachment does not comply withsubparagraph a) above. The Company and the Customer may submit the analysis with theapplication, or the Company may obtain the analysis as paft of the make-ready.

2) All attaching hardware used to support the mast and all equipment attached to the mastshall be galvanized or stainless steel, in new condition and capable of withstanding alldesigned loads.

3) 'Washers shall be used on all fastening hardware'

4) Bolts with washers, perpendicular to an antenna support mast are required if the supportbolts for the mast are within l2 inches of the top Of the Pole.

5) The Company shall designate the quadrant or quadrants of the Pole to be used by theCustomer in order to minimize conflicts with Poìe climbing.

6) Pole-top attachments shall conform to the following specifications:

a. There shall be 48 inches of vertical separation between the highest energizedconductor and the lowest attached antenna.

b. All devices attached above the communication space shall be affixed to a singleantenna mast.

c. For single-phase Poles, the antenna mast shall be affixed to the opposite side of thePole from the energized conductor.

d. For three-phase Poles, the antenna mast and associated equipment may be authorizedby adding a longer cross-arm (ifthe existing cross-arrn is not ofsufficient length) or anout rigged configuration or by installing a taller Pole, to accommodate the Company'ssafe approach distance.

EFFECTIVE: On Bills Rendered or1 ol after April l, 20 | 6CRF]EN MOUNTAIN POWER CORPORATìON

Vice President, Ceneral Cou¡lsel, Power lìcsoul'ces, and Corpot'ate SecretaryA:\llcgularolyÂfiàirs\ReraillìateAdnrinistration\lìcrailTarilI!\Current'farifl's\RateDesignMOU l1-6-2015.doc.

By:



e. The antenna mast shall be of sufficient length to allow it to extend from thecommunications space through the safety and electric supply spaces and above the polesufficiently to allow the antennas to be attached in compliance with 4.7.a.f. The antema mast shall be offset from the Pole by approximately six inches.

g. The antenna mast shall serve as a conduit for all cables running between thecommunications space to the antennas, such that no cables are exposed in the safety orelectric supply spaces.

7) Devices may be attached to streetlight support structures, as long as they conform to thefollowing conditions:

a, The manufacturer's streetlight bracket specifications shall not be exceeded.

b. The total installation shall be less than twenty-five (25) pounds'

c. The installation shall not interfere with the operation and/or maintenance of the streetlight.

d. The street light bracket shall be ten (10) feet or shorter.

e. 'fhe street light bracket shall be a minimum of two (2) inch diameter arm.

f. Installation and maintenance on all attachments to street light brackets must beperformed by qualified Company personnel.

g. There will be no attachments to street light brackets which are mounted in the safetyspace, unless allowed by NESC.

7) The Customer shall include adequate fault current protection on all installations,

8) The Company shall provide power to the Customer's equipment under an authorizedTariff or a special contract, which shall be filed with the Vermont Public Service Board.

EFFECTIVE On Bills Rendered on or after April l, 2016GREEN MOUNTAIN POWER CORPORATION

chVice President, Genelal Counscl, Power Resources, and Corporate SecretaryA:\RegulatolyAff'airs\RetailllatcAdministration\RetailTariffs\CurrentTariffs\l{aleDesignlr4OU ll-6-20 l5.doc"

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H) Grounding

Grounding must comply with NESC, NEC, Utility Standards and Service Requirements, and theTariff a¡rd is the responsibility of the Customer.

I) Maintenance and Safety:

1) The Customer will at all times maintain compliance with the National ElectricSafety Code ("NESC"), the National Electric Code ("NEC"), Blue Book-Manualof Construction Procedures, Vermont Occupational Health and Safety (1910-269),state and local laws, Vermont Public Service Board Rule 3.700 regulations andthe Company's Construction Standards and Tariff.

2) It is the responsibility of the Customer to ensure its employees and contractors atetrained to comply with the Specifications set forth above in this Protocol and theTariff.

3) The Customer's personnel are not permitted to access the Pole above thecommunications space. Only approved Company personnel or contractots underthe direction of an authorized Company employee are permitted to access thissection of the Pole.

4) Any Customer Wireless Service Provider's Facilities installed below the safetyzone on a Pole shall be maintained by the Customer.

5) The Company shall, at the Customer's expense, construct and maintain theCustomer's attachment of 'Wireless Service Provider's Facilities on the Company'sPoles, installed above the safèty zone on the Pole and anchors and/or rights ofway in a safe condition and in a manner acceptable to the Company, so as not toconflict with the use of the Company's Poles anchors and/or rights-of-way by theCompany or by another authorized user of the Company's Poles, anchors and/or

EFFECTJVE; On Bills Rendered on or after April l, 20 l6GREEN MOUNTAIN POV/ER CORPORATION

Char AncelVice Prcsident, General Counsel, Power Resources, ancl Colporatc SccretaryA:\llcgulatoryÂffairs\RetailI{ateAdministralion\Retaill-aril'f\\Current'l'alifls\l{ateDesignlvlOU ll-6-2015.doc.

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rights-of-way nor clectrically irrterfere with the Company's facilities thereon.Should the Company not be the pole owning utility but be a franchisecl providerof electric distribution service with facilities located on the Pole, the Companyshall exercise the same control, and the attachment shall be subject to the samerequirements, as if the Company were the pole owning utility.

6) The Customel must contact the Company to indicate when maintenance of anattachment-is required and shall work cooperatively with the Company when theCompany is performing maintenance work on its facilities and/or attachments. TheCustomer shall provide the Company with written instructions describing insufficient detail the installation or maintenance work to be performed and shallreimburse the Company for its actual costs of such work if a part of the make readyprocess and by an established job order process if outside the normal make readyprocess. Cooperative praclice shall include a system of notification or request formaintenance by phone, facsimile, answering system, or otherwise for scliedulingpurposes. Such system nray be established between the parties via inter-companyoperating procedures that are consistent with the terms of the Tariff and thisProtocol.

7) Any tree trimming in the Company's right of way required for the Customer'sfacilities will be coordinated through the Company at the expense of theCustomer, Any permits or rights-of-way required for tree trimming necessary toinstall, maintain, restore or otherwise service the distributive antenna system shallbe obtained by the Customer in advance of any such work..

8) The Customer must comply with the Company's time schedule and provideappropriate resources to assist the Company if the Company perfotms work on thePoles on which the Customer maintains attachments of 'Wireless ServiceProvider's Facilities. Should the Customer fail to comply with the Company's timeschedule or fail to provide appropriate resources to assist the Company, inaddition to any other requirements of the Tariff, the Customer shall be responsibleto reilnburse the Company for all incremental costs it incurs due to the Customer'sfailure. In addition, thc Company shall be authorized to remove the Customer'sattachecl Wireless Service Provider's Facilities as is reasonably required to permitthe Company to perform work on said Poles.

EFFECTIVE: On Bills Rendered on ol after April I , 2016GREEN MOUNTAIN POWER CORPORATÌON

By: fu-u, ^o.h .A"ru9---Charlotte B. AncelVice President, General Counscl, Power Resources, and Corpolate SecretalyA:\RcgulaloryAff'airs\Retaillì,atcAdnrlnistration\lìclaill'ariffs\CurrentTariffs\RaleDcsignMOU ll-6-2015.<joc


GREEN MOT]NTAIN POWER CORPORATIONRULES AND REGULATIONS FOR POLE ATTACHMENT SERVICE

9) The Customer must provide switches that shut off all power to and from itsequipment. These switches must be clearly marked and accessible to all Companypersonnel. Company personnel must be able to cleally determine by visible meansthat the RF output of the subject system is disabled. "Keep-out" tags shall beplaced on the disconnecting devices during servìce on the pole.

l0) The Customer is required to follow FCC signage requirements.

I I ) The Customer shall provide identification apparatus tag(s) on its antennaequipment. The tag(s) shall includ e a 7 day 24 hour contact telephone number ofan indiviclual who can immediately respond to emergencies and outagerequirements.

12) In the event of a stom, the Customer acknowledges that the Company's firstpriority will be the restoration of electric service to its customers. Only after electricservice is safely restored, will the Company provide maintenance on the Customer'sattachments. The Customer may request that Outside Contractors be utilized as

provided in Article V(I) of the Tariff.

J) Default: Should the Customer fail to pay any charges associated with its attachment, filebankruptcy, and/or stop conducting its business, or otherwise violate the terms and conditionsapplicable to its attachment, the Company may remove the attachment with thirty (30) days prior*.itt..r notice. Failure to remove the attachment does not constitute waiver of Company's right todo so.

K) Acquisition of Property Rights. Upon request, the Company may assist the Customer tnsecuring easement rights or other rights to allow for the attachment of the Customer's V/irelessService Provider's Facilities on the Company's Pole. The Customer shall be responsible for any andall costs associated with the Company's acquisition of these rights, including costs associated withexercising the Company's rights under eminent domain in a condemnation proceeding or in suchother permitting or regulatory proceedings required to obtain such rights, licenses, permits oreasements necessary for the attachments of the Customer's facilities to the Company's Pole' To theextenl that any rights of the Company for the placement of Wireless Service Provicler's Facilitiesare found to be inadequate for the attachment of the Customer's facilities, the Customer agrees to

EFFEC-I-IVE: On Bills Iìendered on orafferApril l,2016GREEN MOUNTAIN POV/ER CORPORAI'ION

Charlotte B AncelVice Plesident, General Counsel, Power Rcsoul'ces, and Corpolate Secretat'y

^:\tìegularoryAff'airs\RctailRateAdministration\Retail'l'ariffs\Cu¡rentTariffs\RatcDesignMOU ll-6-20 l5.doc.

Byl

V.P.S,B. No. 9Original Sheet 203


indemnify the Company for actual costs, including attomey's fees, necessary or required tocomect for such inadequacy.

EFFECTIVE: On Bills Rendered on or after April l' 2016GREEN MOUNTAIN POWER CORPORATION

By:

Vice President, General Counsel, Power Resources, and Corporate SecretaryA:\RegulatoryAffairs\RetailRateAdministration\RetailTarilfs\CurentTaríffs\flateDesignMOU ll-6-2015.doc.

V.P.S.B, No. 9Original Sheet 204

GREEN MOLINTA]N POWER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACFIMENTS AND INSTALLATIONS REQUIRED UNDER 30 V.S.A. $ 8097

Available and applicable throughout the company's service territory.

ARTICLE I

DEFINITIONS

As used in this Statement of Generally Available Rates Terms and Conditions forAttachments ancl Installations Required under 30 V.S.A. $ 8091 the following tems shall have thefollowing meanings.

"Authorization" shall mean written approval from the Company that the Customer maymake a Communications Facility attachment to specific transmission poles or generating facilities.Reference herein to transmission poles shall include towers.

',Communications Facilities" shall mean facilities that are used to send and receive audio,images, data, or other information via any electromagnetic media, including wires, cables,miciowaves, radio waves, light waves or any combination of these or similar media.

"Communications Service Provicler" or "Customer" shall mean the Vermonttelecommunications authority, a company subject to the jurisdiction of the Vermont PublicService Boarcl under 30 V.S.A. $ 203(5) or $ 502, or a broadband service provider who isconsideled to be an "Attaching Entity" pursuant to 30 V.S'4. $ 209(9).

"Company" shall mean Gteen Mountain Power Corpolation.

"Construction Standards" shall mean the engineering and construction requirements for the

attachment of Communications Facilities to the Company's transmission poles developed and

maintained by the Company. The purpose of the Construction Standards shall be to provideguidance for the attaclunent of Communications Facilities to promote and facilitate suchãttachrnent, while protecting the public's health and safety, protecting worker safety, providing forthe least-cost provision of electric service, and maintaining the stability and reliability of theCompany's elóctric system. The Company reserves the right to update its Construction Standardsfrom time to time.

"Field Sulvey Work or Survey'Work" shall mean a survey of the transmission poles on

EFFECTIVE On Bills Rendered on or after April 1,2016CREEN MOUNTAIN POWER CORPORATION

Charlotte B. AncelVice President, Ceneral Counsel, Powet' Resources, and Corporate Seclelaryr\:\RcgularoryAfl'airs\l{ctaillìatcAdr¡inistratìon\lìclaill-arilß\CurlentTariffs\llateDesìgnfulOU I l-6-2015.doc.

By


GREEN MOUNTAIN POV/ER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACHMENTS AND INSTALLATIONS REQUIRED T NDER 30 V,S.A, $ 8097

which the Customel wishes to attach in order to determine what work, if any, is required to makethe pole ready to accommodate the required Communications Facility attachment, and to providethe basis for estimating the cost of this work'

"Licensed Professional Engineer" shall mean a person licensed to provide professionalengineering services pursuant to Chapter 29 of Title 26 of the Vermont Statutes Amrotated.

"Make-Ready ìüork" shall mean the work required (rearrangement and/or transfer ofexisting facilities on a transmission pole, replacement of a pole or any other changes) toaccommodate the Customer's Communications Facilities on a transmission pole'

"Other Attachee" shall mean any entity, other than the Customer, to which the Companyhas or hereafter shall extend the privilege of attaching facilities to the Company's transmissionpoles or generating facilities.

"statement" shall mean this Statement of Generally Available Rates, Terms and

Conditions, including Appendix I hereto, as the same may be revised from time to time and ineffect with the Vermont Public Service Board.

ARTICLE IISCOPE OF STATEMENT

(A) This Statement is applicable to Communications Service Providers requesting to attach orattaching Communications Facilities to the Company's electric transmission and generationfacilities as provided herein. Subject to the provisions of this Statement, ìncluding theCustomer's payment of the fees and charges required in Appendix I, the Company has orwill issue to the Customer revocable, nonexclusive Authorizations for the attachment of theCustomer's Communication Facilities to the Company's transmission poles or generatingfacilities as specified in the Authorization.

(B) For wireline Communications Facilities, attachment shall be limited to transmission poleson the terms and conditions provided for herein. For wireless communicatiot'ts, attachmentmay be made to transmission poles or generation facilities on the terms and conditionsprovided for herein. In the case ol'transmission poles carrying voltages of 100 kV or


Vice President, General Counsel, Power Resources, and Corporate SecretaryA;\lìegulatoryAffairs\RetailRateAdministration\lìetailTariffs\CurrcntTariffs\RatcDcsignMOU ll-ó-20l5.doc

ßyr

V.P.S.ts. No. 9Original Sheet 206

GREEN MOUNTAIN POWER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACHMENTS AND INSTALLATIONS REQUIRED LTNDER 30 V.S.A. S 8097

(c)

higher, the Company may limit attachment of Communication Facilities to fiber opticfacilities or may offer Communication Service Ploviders use of the Company's fiber opticfacilities installed on such transmission poles.

Nothing herein contained shall be construed as a grant of any exclusive authorization, rightor privilege to the Customer. The Company shalt have the right to grant, renew and extendrights and privileges to others by contract or otherwise, to use any transmission pole orgenerating facility.

(D) No use, however extended, of the Company's transmission pole or generating facility orpayment of any fees or charges required under this Statement shall create or vest in theCustomer any ownership or property rights in such transmission pole or generatingfacility. Neither this Statement nor any Authorizalion granted hereunder shall constitute anassignment of any of the Company's rights to use the public or private property at thelocation of the Company's transmission pole or generating facilities.

(E) Nothing contained in this Statement shall be construed to compel the Company to construct,retain, extend, place or maintain any transmission pole or other facilities not needed for theCompany's own electric service requirements. T'he Company may relocate, remove,moclify or reconfigure its transmission poles or other facilities as cleemed prudent in itssole judgment,

(F) Nothing contained in this Statement shall be construed as a limitation, restriction, orprohibition against the Company with respect to any contract which the Company has

heretofore entered into, or may in the future enter into, with others regarding thetransmission poles or generating facilities covered by this Statement'

(G) The Company may deny the Customer access for reasons of safety, reliability, or generallyapplicable and accepted engineering standards.

(FÐ No Authorization gtanted under this Statement shall extend to any of the Company'stransmission poles or generating facilities where it has been determined by a court of law orby the Public Service Board that the placement of the Custontet's Communications Facilitieswould result in a forfeiture of the rights of the Company to occupy the properly on which

EFI"ECTIVF.: On Bills lìendered on or after April l, 2016GREEN MOUNTAIN POWEIì. CORPORATION

AncelVice Presjdent, General Counsel, Power Resources, and Corporate SecretaryA:\RegulatoryAlfairs\Ret¿rilRateAdministration\lìet¡il-farifl.s\CLrrrcnt'l'arifls\RateDesignMOU I l-6'2015.doc.

By:



ATTACFTMENTS AND INSTALLATIONS REQUIRED UNDER 30 V.S.A, $ 8097

such transmission poles or generating facilities are located. If placement of the Customer'sCornmunications Fasilities results in a forfeiture of the rights of the Company to occupysuch property, the Customer agrees to remove its Commrurications Facilities within 60 daysof receipt of notice from the Company; and the Customer agrees to pay the Company alllosses, damages and costs incuffed as a result thereof. Nothing herein modifies the right ofany party to seek recoutse through legal or regulatory process.

(D When constructing or substantially reconstructing transmission poles, the Company shallallow for the construction and maintenance of Communications Facilities thereupon ifrequested by a Communications Service Provider on the tetms and conditions of thisStatement and payment to the Company based on the incremental cost of adding theCommunications Facilities to the project as long as the Communications Facilities willprovide service in the municipality in which they ale located and surroundingmunicipalities,

(r) The Company may negotiate rates, terms and conditions of service that deviate fiom thisStatement, but the Company shall not refuse a request to provide service in accordance withthe rates, terms and conditions set forth in this Statement.

ARTICLE IIIF'EES AND CHARGDS

The Customer agrees to pay to the Company the fees and charges as specified in and inaccordance with the applicable terms and conditions in Appenclix I, Changes or amendments toAppendix I may be effected by a separate filing with the Vermont Public Service Board, effectiveupon the date approved by the Vermont Public Service Board whereupon it shall immediatelybecome a part of the terms and conditions of this Statement. The Company shall provide theCustomer with at least 60 days written notice prior to the effective date of any increase inattachment rates pursuant to any such Appendix I filing'

EFFECTIVE: On Bills Rendered on or after April I, 2016GREEN MOUNTAIN POWER CORPORA'TION

Charlotte B, AncelVice President, General Cottnsel, Power Resources, and Corporate SecretaryA:\ReguìatoryAl'lhirs\lìetaillìatcAdrninistration\Retail'I'arifTs\CurrentTarill's\RateDesignMOU ll-6-2015'doc.

By

V.P.S.tl. No. 9Original Sheet 208

GREEN MOLINTAIN POWER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACHMENTS AND INSTALLATIONS REQUIRED UNDER 30 V.S,A. $ 8097

ARTICLE IV

ADVANCE PAYMENT FOR FIELD SURVEY AND MAKE-READY

The Custorner shall make an advance payment to the Company prior to the required FieldSurvey Work and any Make-Ready Work required in an amount specified by the Companysuffrcient to cover the estimated cost of the Survey Work and any Make-Ready Work as providedin Appendix L The costs of the Survey Work and Make-Ready Wolk performecl shall be payablewhether or not the Customer makes any attachments of Communications Facilities. Aftercompletion of Make-Ready Work, the Customer shall pay the cost of all Make-Ready Workactually performed based on Appendix I that has not been prepaid, or shall be refunded any excessof the prepayment over such actual cost.

ARTICLE V

APPLICATION, SURVEYS AND MAKE-READY

(A) Appliqation aliri Authoriz¡Iiç¡, Prior to attaching to any transmission pole or generatingfacility, the Customer shall make written application and have received ær Authorization forattachment from the Company. Applications received by the Company fi'om two or moreCustomers tbr attachment accommodations on the same transmission pole or generatingfacility, prior to the commencement of any Field Survey or Make-Ready'Work required toaccommodate any Customer, will be processed by the Company on the basis of the firstreceived.

l) In that application, the Customer shall provide the lollowirrg infbrmation:

a. A set of design plans and specifications for each device or piece of equipmentcomprising the Communications Facilities that the Customer proposes to haveattachecl on a transmission pole or generating facility. The Customer's design shall becertified by a Licensed Professional Engineer, at the Customet's expense, prior to itssubmission to the Company, unless waived by the Cornpany at its discretion..

EFI-ECTIVE: On Bills Rendered on orafterApril 1,2016CREEN MOUNTAIN POV/ER CORPORA'I'ION

1 o, ^ 01,\ ^-,^ oCharlotte B. AncelVice President, General Counsel, Power Resot¡t'ces, and Corporate SecretalyA:\RcgulatoryAffairs\RetailRateAdministration\RetailTaliffs\CurrentTariffs\RatcDesignMOU ll-6-2015.doc,

By:


GREEN MOUNTAIN POV/ER CORPORATIONSTATEMEN'I'OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACHMENTS AND INSTALLATIONS REQUIRED TINDER 30 V.S.A. $ 8097

b. Proposed attachment location by municipality, and Company line # and pole #when possible, including the specific points of attachment for the CommunicationsFacilities.

(B) Field Su¡vev. A Field Survey may be required for each transmission pole or generatingfacility for which initial attachment or material alteration or relocation thereof (as describedin subparagraph (C) of this Article and Article VII(D is requested to detetmine theadequacy of the each transmission pole or generating facility to accommodate theCustomer's Communications Facility attachments. Such determination shall be made on acase by case basis. The Company and any Other Attachee will cooperate to perform anyField Survey determined necessary by the Company and the Customer shall be affordedreasonable advance notice of and opportunity to participate in the F'ield Survey process. TheCompany shall determine based on the Field Survey if the Customer's proposed attachmentcan be accommodated and of any rearrangement or other work to do so. If after the FieldSurvey the Company intends to deny access under Article II of this Statement, it shall statewith specificity the grounds for the denial.

(C) Make-Readv'Work. The Customer shall be responsible for the costs of the Company'sMake-Ready Work only at the time of initial attachment or material alteration of an existingattachment of a Communications Facility and only when such costs are caused by the initialattachment or material alteration of an existing attachment. A material alteration occurswhen, after initial attacllnent of Communications Facilities, the Customer adds equipmentwhich either requires additional clearance or adds sufftcient additional stress to thetransmission pole to require Make-Ready Work, but does not include a rebuild of theCustomer's system with substantially similar equiptnent. Notwithstanding the f'oregoing, ifat a¡y time it is reasonably determined by the Company that the Customer's attachments are

responsible for a transmission pole not being in compliance with the specifications inArticle VII hereof, the Customer shall pay for all Make-Ready costs of bringing the poleinto compliance, including a replacement pole if necessary and reimbursing each OtherAttachee, including the Company, for any expense incurred in transferring or rearrangingits facilities.

(D) Outside Contractors. The Cornpany shall maintain a list of contractors whom it allo\¡/s toperform Surveys, Make-Ready Work, installation or maintenance ot other specified tasks

EFFECTIVE: On Bills Rendered on orafterApril 1,2016GREEN MOUN1'AIN POWER CORPORATION

0.11"\ Ðrt"OCharlotte B. AncelVicc President, General Counsel, Powe r Resources, antl Corporate SecretaryAlRegulatoryAlfairs\lìctaillìateAdurinislration\fìctail'l'alifß\Current'larilti\IlatcDcsignfvlOU ll-6-2015'doc.

By


GREEN MOTINTAIN POV/ER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACFTMENTS AND INSI'ALLATIONS REQUIRED UNDER 30 V,S.A. $ 8097

upon its equiprnent. In the event that the Company cannot perfonn such work in a timelymanner, the Customer may demand that outside contractors be sought. The Company shallthereupon exercise its best efforts to hire one or more contractors from the list to perfoinisuch work, under the supervision and control of the Company.

ARTICLE VI

LEGAL REQUIREMENTS

(A) The Company shall make availablewhatever property interest it has obtained with respect to the placement of CommunicationFacilities on the transmission poles and generating facilities, but shall not be required torequest additional property interests solely for the benefit of the Customer. The Customershall be responsible for obtaining, at its sole cost and expense, from all appropriate publicand private persons and entities any required consents, permits or attthorizations toconstruct, operate or maintain its Communications Facilities on public and private propertyat the location of the Company's transmission poles or generating facilities which theCustomer uses and, upon the ¡easonable request of the Company, shall submit to theCompany evidence of such consent, permits and authority before making Attachments. Ifany permitting authority requires the pafiicipation of the Company, the Company shallcooperate in good faith with the Customer.

(B) Comp]ianee with [,6r¡v. The parties hereto shall at all times observe and comply with, andthe provisions of this Statement are subject to, all laws, ordinances, and regulations whichin any manner affect the rights and obligations of the parties hereto under this Statement.

ARTICLE VII

SPECIFICATIONS, CONSTRUCTION AND MAINTENANCE OF'ATTACHMENTS

(A) ExcePt as otherwiseprovided by the Company in a written notice to the Customer, the Company shall, at theCustomer's expense, construct and maintain the Customer's Communications Facilities usingits own or_outside_contractors in cooperation with the Customer on transmission poles and

EFFEC'I'IVE: On Bills Rendered on or after April 1, 2016GREEN MOUNTAIN POWER CORPORATION

A^u9--Charlotte Eì. AncelVice Plesident, Ceneral Counsel, Power Resources, and Corporate SecretaryA:\RegulatoryAlfairs\RetailRateAdnrinistralion\RetailTarilß\CurrentTariffs\RatcDesignMOU ll-6-2015.doc.

tìy

V,P.S.B. No. 9Original Shcet 21 I


^TTACHMENTS AND INSTALLATIONS REQUIRED LINDER 30 V,S.A. $ 8097

generating facilities in a safe condition so as not to conflict with the use of the transmissionpoles or generating facilities by the Company or by an Other Attachee nor electricallyinte¡fere with the Cornpanies' facilities thereon. The Customer must contact the Companyto indicate when maintenance of Communications Facilities is lequired and shall workcooperatively with the Company when the Company is performing maintenance work onits Communications Facilities. The Customer shall provide the Company with writteninstructions describing in suff,rcient detail the installation or maintenance work to beperformed an<l shall reimburse the Company for its actual costs of such work if a part ofthe Make-Ready process and by an established job ordel ptocess if outside the notmalMake-Ready process. Cooperative practice shall include a system of notification or requestfor maintenance by phone, facsimile, answering system, or otherwise for schedulingpulposes. Such system may be established between the parties via inter-company operatingprocedures that are consistent with the terms of this Statement.

(B) Trçe Ttir4rying. Any tree trimming in the Company's right of way required for theCustomer's facilities will be coordinated through the Company at thc expense of theCustomer. Any permits or rights-of-way required for tree trimming necessaly to install,maintain, restore or otherwise service the Communications Facilities sliall be obtained bythe Customer in advance of any such work'

(C) The Customer must comPlYwith the Company's time scheclule and provide appropriate resources to ' assist theCompany if the Company performs work on the transmission poles on which the Customermaintains attachments of Communications Facilities. Should the Customer fail to complywith the Company's time schedule or fail to provide appropriate resources to assist theCompany, in addition to any other requirements of this Statement, the Customer shall belesponsible to reimburse the Company for all incremental costs it incurs due to theCustomer's failure. In addition, the Company shall be authorized to remove the Customer'sattached Communications Facilities as is reasonably required to permit the Company toperform work on said transmission poles.

(D) RF Signage ¿ind S$,itche-s. The Customer must provide switches that shut off all power toand from its equipment. 'fhese srvitches must be clearly marked and accessible to allCompany persorurel. Company persorurel must be able to clearly detemine by visible

EF-FECTIVE: On Bills Rendered on or after April 1,2016GREEN MOUNTAIN POWER CORPORATION

Charloltc B. AncelVice President, Ceneral Counsel, Power Resoul'ces, and Corporate SecretaryA:\RcgularoryAllairs\RerailRateAdrrinistration\RetailTariffs\CurrentTariffs\lìateDesignMOtJ ll-6-2015.doc.

By:

V.P.S.B. No. 9Oliginal Sheet 212

GREEN MOI.INTAIN POWER CORPORATIONSTATEMENT OF GENERALI,Y AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACHMENTS AND INSTALLATIONS REQUIRED UNDER 30 V.S.A. $ 8097

means that the RF output of the subject systctn is disabled. "Keep-out" tags shall be placedon the disconnecting devices during service. The Customer is required to follow FCCsignage requirements. The Customer shall provide identification apparatus tag(s) on itsantenna equipment. The tag(s) shall includ e a7 day 24 hour contact telephone number ofan individual who can immediately respond to emergencies and outage requirements.

(E) Stom. Re$toration. In the event of a storm, the Customer acknowledges that the Company'sfirst priority will be the restoration of electric servioe to its customers. Orrly after electricservice is safely restored, will the Company provide maintenærce on the Customer'sattachments of Communications Facilities. The Customer may request that OutsideContractors be utilized as provided in Article V(D) of this Statement.

(F) ,specifiç¿itio¡ts. The Customer's Communications Facilities shallbe placed and maintaìnedin accordance with the requirements and specilìcations of the latest editions of the BellSystem Manual of Construction Procedures (Blue Book), the National Electrical Code(NEC) the National Electrical Safety Code (NESC), the rules and regulations of theOccupational Safety and Health Act (OSHA), the Vermont Occupational Safety and HealthAct (VOSHA), the Company's Construction Standards and any other governing authorityhaving jurisdiction over the subject matter. \ffhere a difference in specifications exists, themore stringent shall apply, providecl that if the Company's Construction Standards are themore stringent, the Company must provide such standards to the Customer reasonably inadvance before construction work is begun. The Company shall provide a copy of itsConstruction Standards to the Customer upon its request.

(G) ÇOn.sçltj fbl Reloeation.or lleplaçe¡neul of Attachments, If the Customer desires to relocateor replace any of its Communications Facilities located on the Company's transmissionpoles or generating facilities, it shall obtain specific written authorization from theCompany before such relocation or replacement.

EFFECTIVEl On Bills Rendered on or after April I , 2016GIìEEN MOUNTAIN POWER CORPORATION

Charlotte B. AncelVice President, General Counsel, Power Resout'ces, and Corporate SecretaryA:\RcgulatoryAffair.s\lìetailRatcAdminjstr.ation\l{ctaill-arifß\CurrentTariffs\RateDesignMOU I l-6-2015'doc.

By:


GREEN MOLINTAIN POWER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACHMENTS AND INSTALLATIONS REQUIRED LINDER 30 V.S.A. $ 8097

ARTICLE VIII

INDEMNITIES, LIABILITY AND DAMAGES

(A) Except in the event of the Company's negligence, gross negligence or willful default, theCompany shall not be liable to thc Customer for any interruption of or interference withthe opelation of the Customer's services, or otherwise, arising in any manner out of the useof the Company's transmission poles or generating facilities. The Company shall promptlyreport to the Customer any damage to the Customer's Communications Facilities.

(B) The Customer and thc Company shall each exercise due care to avoid damaging each othet'sfacilities and the facilities of others attached to the Company's transmission poles orgenerating facilities, and the Customer and the Company, each, assumes all responsibilityfor any and all loss, damage or injury caused by its respective employees, agents orcontractors. The Customer or the Company shall promptly report to the other and any OtherAttachee any such loss, damage or injury and agrees to reimburse the parties sufferingloss, damage or injury caused by it.

(C) Except as may be caused by the negligence of the party seeking indemnification, theCompany and the Customer shall each defend, indemnify and save harmless the otheragainst and frorn any and all liabilities, claims, suits, fines, penalties, damages, losses,fees, costs and expenses (including reasonable attorneys' fees) including, but not limitedto, those which may be imposed upon, incurred by or assertecl against the party seekingindemnification, by reason of (a) any work or thing done upon the transmission poles orgenerating facilities or any part thereof by the indemnifying party or any of its agents,contractors, servants, or employees; (b) any use or occupation of said transmission polesor generating facilities or any part thereof by the indemnifyin g party or any of its agents,contractors, servants, or employees; (c) any act or omission on the part of theindemnifying parly or any of its agents, contractors, servants, or employees, for which theparly seeking indemnification may be found liable; (d) any incident, injury (includingdeath) or damage to any person or property occurring upon said transmission poles orgenerating facilities or any part thereof arising out of any use thereof by the indemnifyingparty or any of its agents, contractors, servants, or employees; (e) any failure on the partof the indernnifying party to perform or comply witli any of the covenants, terms orconditions contained in this Statement; (f) payments made under any worker's

EFFECTIVE: On Bills Rendered on orafterApril 1,2016GREEN MOUNTAIN POWER CORPORATION

Charlotte B. AncelVice President, General Counsel, Power Resources, and Corporate Sect'etaryA:\lìegulatoryAftai¡'s\fletaiiRateAdminjstration\RetailTarifls\CurrentTariffs\RateDesignMOU ll-6-20l5.doc

By


GREEN MOIINTAIN POWER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR


compensation law or under any plan for employees disability and death benefìts arisingout of any use of the transmission poles or generating facilitie s by the indernnifying partyof arty of its agents, contractors, selants or employees; (g) the erection, maintenance,presence, use, occupancy or removal of the indemnifying party's facilities by it or any ofits agents, contractors, servants, or employees or by their proximity to the facilities ofother parties attached to the transmission poles or generating facilities of the partyseeking indemnification; provided that the indemnifying party shall defend, indemnify,and save harmless the party seeking indemnifìcation against and from any and all suchliabilities, claims, suits, fines, penalties, damages, losses, fees, costs and expensesbrought, made or asserted by any of the indemnifying party's agents, contractors, servants,or employees of any of the indemnifying party's contractors or agents; and (h) any and allsuch liabilities, claims, suits, fines, penalties, damages, losses, fees, costs and expensesbrought, madc or asserted by any of the indemnifying pafty's agents, conttactors, setvants,or employees of any of the indemnifying party's contractors or agents.

(D)

(E)

EFF EC'I'IVE;

The Customer shall indemnify, save harmless and defend the Company from any and allclaims and demands of whatever kind which arise directly or indirectly from theoperations of the Customer's Communications Facilities, including taxes, special chargesby others, claims and demands for damages or loss for infringement of copyright, fo¡ libeland slander, for unauthorized use oftelevision broadcast programs, and for unauthorizeduse of other program material, and from and against all claims and demands forìnfringement of patents with respect to the manufacture, use and operation of theCustomer's Communications Facilities in combination with transmission poles orgenerating facilities, or otherwise.

The provisions of this Arlicle shall survive the expiration or termination of anyAuthorization issued under this Statement. In no event shall the Company or Customer be

liable to one another for any special, consequential or indirect damages (including, withoutlimitation, lost revenues and lost profits) arising out of this Statement or any Authorizationissued hereunder.

On Bills Rendered on or after April 1, 20 l6GREEN MOUNTA]N POWER CORPORAT]ON

B celVice President, General Counsel, Power Resotlrces, and Colporate SecletaryA:\RegulatoryAlfairs\RetailRateAciministration\RctailTariffs\CulrentTarifl\\RateDesignMOU ll-6-2015.doc.

By:

V.P.S.B. No. 9Original Sheet 2l 5

GREEN MOTINTAIN POWER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR


ARTICLE IX

INSURANCE

(A) The Customer shall cauy insurance issued by an insurance carrier satisfactory to theCompany to protect the parties hereto from and against any and all claims, demands,action, judgments, costs, expenses and liabilities of every kind and nature which may ariseor result, directly or indirectly from or by reason of sucb loss, injury or damage as coveredin Article VIII preceding.

(B) The amounts of such insurance, without deductibles shall be:

General Liability Aggregate Coverage $ 2,000,000Products & Completed Ops $ 1,000,000Personal Inju'y & Advertising $ 1,000,000Fire Legal Liability $ 5OO,OOO

Premises Medical Payments $ 5,000

(C) The Customer shall also camy such insurarlce as will protect it from all claims undel anyapplicable Workers' Compensation Law.

(D) All insurance must be effective before the Customer attaches Communications Facilities toany transmission poles or generating fàcilities and shall remain in force until suchCommunications Facilities have been removed.

The Customer shall submit to the Cornpany certiftcates of insurance by each companyinsuring the Customer to the effect that it has insured the Customer for all liabilities of theCustomer covered by this Statement, that the Company is an additional insured under thepublic liability policy, and that it will not cancel or change any such policy of insuranceissuecl to the Customel except after the giving of at least 30 days'written notice to theCompany. Evidence of coverage obtained by the Customer shall state that the coverageprovided is primary and is not excess to or contributing rvith any insurance or self-

EFFECTIVD: On Bills Rendcred otr or after Aplil I , 20 l6GREEN MOIJNTAIN POWER CORPORATION

By; -o^JJfu,#tc--C--Charlotte B. r\ncelVice President, General Counsel, Power Resources, and Corporate SecretaryA;\RegulatoryAffails\RetailRateAdnrinistration\Rctaill'aril'fs\CtrrrentTariffs\flateDesignMOU I l-6-2015.doc.

(E)


GREEN MOTINTAIN POV/ER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACHMENTS AND INSTALLATIONS REQUIRED I-TNDER 30 V.S.A. {i 8097

insurance maintained by the Company. The Company shall have the right to inspect orobtain a copy of the applicable policies of insurance.

(F) The Customer's property insurance policy shall contain a waiver-of-subrogation clauserunning to the Company. This must be reflected on the certificate of insurance provided bythe Customer. The Customcr agrees that this policy shall be the primary remedy for anylosses covered by the policy.

ARTICLE X

DEFAULT

(A) If the Customer shall fail to comply with any of the terms or conditions of this Statementor default in any of its obligations under this Statement, or if the Customer'sCommunications Facilities are maintained or used in violation of any law or if theCustomer shall file for bankruptcy ol cease conducting its business, then, in any such eventthe Company shall give the Customer written notice of such clefault. The Customer shalltake corrective action as necessary to eliminate the noticed default and shall confirm inwriting to the Company within thirty days following such written notice that the defaulthas ceased or been corrected. lf the Customer fails within thirty days after written noticefrom the Company to correct such default and fails to give the written confirmation to theCompany within the time stated above, the Company may at its option, as appropriate tothe parlictrlar default, terminate all Authorizations granted hereunder, or the Authorizationcovering the transmission poles or generating facilities as to which such default ornoncompliance shall have occurred and may remove the Communications Facilities.

(B) If an insurance carrier at any time notifies the Company that the policy or policies ofinsurance required under Arlicle IX will be cancelled or changed so that the requirernents ofthat Article lor the Customer specified in said notice will no longer be satisfìcd, then uponsixty clays prior written notice by the Company to that Crstomer, all Authorizations forCommunications Facilities by that Customer shall terminate unless prior to the effective dateof such cancellation or change, the Customer shall fumish to the Company certificates ofinsurance specifying insurance coverage in compliance with the provisions of Article IX.

EFFECl-IVE: On Bills Rendeled on or aller April 1,2016GREEN MOUNTAìN POWER CORPORATION

Charlotte B. AncelVice President, General Counsel, Powel'Resout'ces, and Corpol'ate SecretaryA:\RegulatoryAflairs\lìetailRateAdrnjnislralion\l{ctailTariffs\CurrentTariffs\RateDesignMOU I l-ó-20l5.doc'

By



ATTACHMENTS AND INSTALLATIONS REQUIR-ED UNDER 30 V.S.A. $ 8097

(C) In the event of termination of any Autholization granted hereunder by the Company, theCustomer shall remove its Communications Facilities from the transmission poles orgenerating facilities for which Authorization is terminated within six months from the dateof termination. If the Customer does not remove its Attachments within the said six monthtime period, the Company shall have the right to remove them at the Customer's expense andwithout any liabilþ to the Customer therefore. The Customer shall be liable for ancl pay allfees pursuant to the terms of this Statement to the Company until such CommunicationsFacilities are removed.

ARTICLE XI

TERMINATION OF AUTHORIZATION BY CUSTOMER

Customer may at any time terminate any Authorization granted hereunder upon writtennotice to the Company, payment and performance in full of all obligations and liabilities hereunderand upon removal of all Communications Facilities for which the Authorization is beingterminated, at the Customer's cost and expense. Billing for the Communications Facilities removedshall cease as of the last day of the month in which notification was received. Following removal,no Communication Facilities shall again be made to such transmission pole or generating facilityunless the Company has granted an Authorizaliontherefore and the Customer shall have firstcomplied with the provisions of this Statement as though no such attachment of CommunicationsFacilities had prevíously been made. Temrination of any Authorizations issued hereunder shall notaffect the Customer's liabilities and obligations incuned hereunder prior to the effective date ofsugh termination.

ARTICLE XII

MISCELLANEOUS

(A) F?ilure to Enforce. Failure of the Company to enforce or insist upon compliance withany of the terms or conditions of this Statement ol Authorizations granted hereunder orto give notice or declare any Authorization terminated shall not constitute a generalwaiver or relinquishment of any term or condition of this Statement or Authorization.

EFFECTIVE: On Bills Rcndered on or afterApril 1,20 l6GREEN MOUNTAIN POVYER CORPOII.ATION

By: -Charlotte B. AncelVice President, Genelal Counsel, Power Resources, and Corporate SecretaryA:\RegulatoryAffairs\RetailRateAdministration\lìetailTariffs\Cuncnt'l'aritls\RatcDesignMOU ll-6-2015.doc.

V.P,S.B. No. 9Original Sheet 218

GREEN MOLTNTAIN POWER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACHMENTS AND INSTALLATIONS REQUIRED I-INDER 30 V.S.A. $ 8097

(B) Notices. All written notices required under this Statement shall be given by first class mail,electronically or by facsimile and if to the Company to: Green Mountain PowerCorporation, Director of Transmission & Distribution, 163 Acorn Lane, Colchester,Vermont 05446. The Customer shall provide its notice information to the Company.

(C) No Third Pârty Bonçficiariçsi Nothing in this Statement or any Authorization issuedpursuant to this Statement shall be construed to create any duty to, any standard of care withreference to, or any liability to a person not a party to an Authorization. No undertaking byone party to any other under any provision of this Statement or any Authorization issuedpursuant to this Statement shall constitute the dedication of that party's system or any portionthereof to the other party or to the public, nor affect the status of the Company as anindepeudent public utility corporation, or the Customer as an independent entity.

(D) RìglrtS Cuniulatiyp. The rights and remedies provicled by this Statement are cumulative andthe use of any one right or remedy by the Company or the Customer shall not preclude orwaive its rights to any or all other remedies. Said rights and remedies are given in additionto any other rights the Company or the Customer may have by law, statute, ordinance orotherwise, except as remedies are expressly limited in this Statement or any Authorization,statute or law or Vermont Public Service Board Rules.

EFFECTIVE: On B jlls Rendet'ed on or aftet' April I , 2016GREEN MOUNTAIN POWER CORPORATION

Charlottc B. AncelVice President, General Counsel, Power Resources, and Corporate Sect'etaryÂ:\RegulatoryAffairs\RetailRate¡\drninistration\lìctail'ì-arilß\Current'l'ariffs\llateDesignMOU I l-6-2015.doc.

Byr

V.P.S.B. No, 9Original Shcct 219

GREEN MOLINTAIN POV/ER CORPORATIONSTATEMENT OF GENERALLY AVAILABLE RATE, TERMS AND CONDITIONS FOR

ATTACHMENTS AND INSTALLATIONS REQUIRED LINDER 30 V.S,A. $ 8097

APPENDIX ISCHEDULE OF FEES AND CHARGES

(A) Att¡ëhnreqt ¡eeg

L Fees shall be payable on a monthly basis

The attachment fees shall be based on the number of transmission poles for whichAuthorizations have been issued on the first day of each month. In addition, the firstpayment for Authorizations issued under this Statement shall include a- proration from thedate the Autho¡ization was issued to the first regular monthly payment'

2. The attachment fees payable to the Company whether attachment is made to a transmissionpole or generating facility for each Communications Facility are:

RepeaterMicrocellFull BTSFiber - attachmentFiber - maintenance

$700.0O/month$1,i00.O0/month$ 1,500.0O/month$50. 00/pol elyearl0-48 fiber increment$ 1,000/mile lyearl0-48 fiber increment

The above fee sche clule shall remain in effect for a period of three (3) years after theeffective date of this Statement. Beginning on the third anniversary of this Statement, andcontinuing for each subsequent year of this Statement, the attachment fees shall beincreased on an annual basis by an amount equal to the percentage increase in theConsumer Price Index for All Urban Consumers (CPI-U) maintained by the Bureau ofLabor Statistics or by reference to a comparable index if the CPI-U index has beendiscontinued.

(B) 0tl,:rer Crharges

All charges to the Company by third pafies for field survey, inspections, make-ready

EFFECTIVE: On Bills Rendered on or after April l, 2016CREEN MOUNI'AIN POWER CORPORATION

Charlotte B. AncclVice President, General Counsel, Powe¡ Resources, and Corporate SecletaryA:\f{cgulatoryAffails\RetailRateAtlministration\RetailTariffs\CurrentTarifls\RateDesignMOtJ ll-6-2015.doc.

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ATTACHMENTS AND INSTALLATIONS REQUIRED TINDER 30 V.S.A. $ 8097

work, construction, maintenance and removal of the Customer's CommunicationsFacilities and any other work performed for the Customer shall be the cost to the Companyof such work plus ten percent. All charges for work performed by the Company'semployees for the Customer shall be in accordance with the Company's contract ratebilling schedule for such services, as thc sanìe may be in effect from time to time,

(C) Pavnrent Date

All fees and charges shall be paid within 30 days after presentment of the bill or on thespecified payment date, whichever is later. In the event of an untimely payment, a latepayment charge shall accrue and be payable to the Company at the rate of l Yo%o permonth from and after the billing date. The payment of any late payment charge shall notcure or excuse any default by the Customer under this Statement.

EF-FECTIVE: On Bills Rendered on or after April 1, 2016GREEN MOUNTA]N POVYER CORPORA'I'I ON

-&--Lb-WCharlotte B. AncelVice President, General Counsel, Power Resources, and Corporate SecretaryA:\RegulatoryAffairs\RetailRateAdrninistration\Rctaill'arifls\Currentl'alifis\lìateDcsignMOU I l-6-2015.doc.

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