michigan - tds telecom · pdf file · 2018-01-22wolverine telephone company...

WOLVERINE TELEPHONE COMPANYM.P.S.C. NO. 27 (R) Original Sheet No. 1

SCHEDULE OF RATES, CHARGES, AND

REGULATIONS GOVERNING

FACILITY SPACE ATTACHMENT

Licensing of the right to Contact Polesand Occupy Duct

Applying in the Exchanges of this Company in Michigan,

as designated in the

Table of Contents of Tariff M.P.S.C. No. 1

ISSUED : 03/15/93

James A. Bubar, vice president

EFFECTIVE: 03/22/93

Millington, Michigan

WOLVERINE TELEPHONE COMPANYM.P.S.C. NO. 27 (R) Original


TABLE OF CONTENTS AND CHECKSHEET

Sheet RevisionNumber Number

1 OriginalTITLE PAGE

TABLE OF CONTENTS

CHECKLIST

APPLICATION OF TARIFF

GENERAL PROVISIONS

APPLICATION ANDPERMIT PROCEDURE

RIGHT-OF-WAY FORLICENSEE’S ATTACHMENTS

FACILITY ALTE~TIONS FORLICENSEE’S ATTACHMENTS

MAINTENANCE OFLICENSEE’S ATTACHMENTS

RATES

TERMINATION OF ATTACHMENTS

LIABILITY AND INSUFUANCE

ISSUED : 03/15/93

2 Original

3 Original

4 original

5 Original

6 Original

7

8

9

10

11

1212.112.2

Original

Original

Original

Original

Original

OriginalOriginalOriginal

m

Sheet No. 2

Issued

03/15/93

03/15/93

03/15/93

03/15/93

03/15/93

03/15/93

03/15/93

03/15/93

03/15/93

03/15/93

03/15/93

03/15/9303/15/9303/15/93

EFFECTIVE: 03/22/93

James A. Bubar, Vice president Millington, Michigan

.-

!!WOLVERINE TELEPHONE COMPANYM.P.S.C. NO. 27 (R) Original Sheet No. 3


SUBJECT INDEX

Application and Permit Procedures ..................

Application, Explanation of Symbols ................

Facility Alterations for Licensee’s Attachments ...

General Provisions .................................

Liability and Insurance ............................

Maintenance of Licensee’s Attachments ..............

Rates ................................””.”..”... ----

Right-of-Way for Licensee’s Attachments ............

Termination of Attachments .........................

ISSUED : 03/15/93

Paqe

6

4

8

5

12-12.2

9

10

7

11

EFFECTIVE: 03/22/93

Millington, MichiganJames A. Bubar, Vice president

WOLVERINE TELEPHONE COMPANYM.P.S.C. NO. 27 (R)

1

Original Sheet No. 4

A.

B.


APPLICATION

1. This Tariff applies to the rental of COntaCt space on pOleSfor duct space in conduits owned by Wolverine TelephoneCompany, hereinafter referred to as the Telephone Company, inexchanges of the Telephone Company in Michigan, to anyoneother than another utility.

EXPLANATION OF SYMBOLS

(C) Signifies a changed regulation

(D) Signifies a discontinued rate, treatment or regulation

(I) Signifies an increased rate or new treatment resulting in an

increased rate.

(N) Signifies a new rate, treatment or regulation

(R) Signifies a reduced rate or new treatment resulting in a

reduced rate

.

ISSUED : 03/15/93 EFFECTIVE: 03/22/93

Issued under the authority of the Michigan Public ServiceCommission Order dated December 22, 1992, in Case No. U-1OO64.


mm



A. GENERAL.

1.

2.

3.

6.

ISSUED :

Facilities owned by other businesses or individuals(hereinafter called Licensee), may occupy space on TelephoneCompany poles or in Telephone Company conduits, if in thejudgment of the Telephone Company, it will interfere with theTelephone Company’s present or future service requirements andit would be satisfactory from a safety standpoint.

The permit to contact poles or occupy space in conduits isalso conditioned on the terms of all existing TelephoneCompany permits, licenses, easements, or consents fromproperty owners and governmental authorities havingjurisdiction.

All of the LicenseeJs cables, wires, and associated equipmentshall be erected and maintained in accordance with therequirements and specifications of Michigan Public ServiceCommission Order No. 1679, as amended, other ~pp}icable rulesor orders of the Michigan Public Service Commlsslon, and otherauthorities having jurisdiction.

All of the licensee’s cables, wires, and associated equipmentshall be erected and maintained by properly trained, skilledworkmen who are fully qualified to perform such work inproximity to communications and electric lines and equipment.

The Telephone Company may specify the location on its pole orpoles at which attachments are to be made. In the event anattachment at the location specified by the Telephone Companywould violate any applicable law, rule, regulation, ordinance?or order of any governmental authority or regulatory body,including the Michigan Public Service Commission, the Licenseeshall so advise the Telephone Company and obtain itsauthorization to make such attachment at a location which doesnot violate any such law, rule, regulation, ordinance, ororder. It shall be the sole responsibility of the Licensee todetermine if the making or maintaining of attachments at thespecified location or locations will violate any such law,rule, regulations, ordinance, or order. No attachment shallbe made or maintained at a location that violates any suchlaw, rule, regulation, ordinance, or order.

No use. however extended, of Telephone Company poles orconduits or payment of any fees orshould create or vest in Licenseesrights in said poles or conduit.

charges of this Tariffany ownership or property

n~~cW/c&Q+ <\LED O%*~

03/15/93 ~MAR22!993~3.

Issued under the auth rlty of th~= ichigan Public Service

EFFECTIVE: 03/22/93

Commission Order dated D-9’2’ ‘n case ‘0” ‘-10064”

James A. Bubar, Vice President Millington, Michigan

WOLVERINE TELEPHONEM.P.S.C. NO. 27 (R)

[

COMPANYOriginal Sheet No. 6


A. GENERAL (Continued)+

7. Application and Permit Procedure

a. Written procedures developed by the Telephone Companyshall be used by Licensee when requesting permission tocontact poles or occupy duct space in conduit. No pole

contacts shall be made by Licensee without a writtenpermit from the Telephone Company.

b. If facilities of Licensee are found on a pole of theTelephone Company for which no permit exists, Licenseeshall be obligated for payment of the permit fee and polecontact rental fee for three year period.

-






A. GENERAL (Continued)

8. Right of Way for Licensee’s Attachments

a. Licensee shall be responsible for securing from propertyowners and governmental authorities having jurisdiction,all necessary permits, licenses, easements, franchises andconsents relating to the Licensee’s erection andmaintenance of cables, facilities and equipment at anypole or conduit location before making any attachment tofacilities of the Telephone Company.

ISSUED : 03/15/93

Issued under the authority of theCommission Order dated December 22,

EFFECTIVE: 03/22/93

Michigan Public Service1992, in Case No. U-1OO64.



g

COMPANYOriginal Sheet No. 8


A. GENERAL (Continued)

9. Facility Alterations for Licensee’s Attachments

a.

b.

c.

d.

e.

If any alterations of Telephone Company facilities arenecessary to allow Licensee to contact poles of theTelephone Company or utilize duct space in conduits,Licensee will be responsible for those costs.

Billing for engineering and labor will be at the TelephoneCompany’s normal billable hourly rate for customerengineering and labor. Billing for material will be atthe Telephone Company’s normal billable rate for material.

The Telephone Company will submit an estimate to survey,engineer and construct any changes.

The Telephone Company must receive approval in writingfrom Licensee to pay estimated costs before any work canbegin.

Attachee Licensee will make a deposit to cover estimatedcosts .

ISSUED: 03/15/93

Issued under the authority of theCommission Order dated December 22,

EFFECTIVE: 03/22/93

Michigan Public Service1992, in Case No. U-1OO64.



1COMPANY

Original Sheet No. 9


A. GENERAL (Continued)L

10. Maintenance of Licensee’s Attachments

a.

b.

Licensee shall make and maintain its attachments in safecondition and thorough repair, at its own exPense~ and insuch a manner, suitable to the Telephone Company, thatsaid attachments will not conflict with the use of polesby the Telephone Company or other authorized parties, orinterfere with the operation or use of facilities whichare or which may from time to time be placed thereon.

The Licensee shall at any time, at its own expense, uponnotice from the Telephone Company, relocate, replace, orrenew its facilities placed on said poles, transfer itsfacilities to replacement poles, or perform any other work

in connection with said facilities that may be required bythe Telephone Company; provided, however, that if theLicensee neglects or refuses to do SO, or in cases ofemergency, the Telephone Company shall have the right toremove, relocate, or transfer such facilities toreplacement poles, and the Licensee shall, on demand,reimburse the Telephone Company for the costs therebyincurred.




IWOLVERINE TELEPHONE COMPANYM.P.S.C. NO. 27 (R) Original Sheet No. 10


B. RATES.—

1.

2.

3.

4.

Application fee accompanying permit request: $35.00, plus

a. Each pole to be contacted:

b. Each duct to be used:

Annual rental fee: *

a.

b.

c.

Each pole contact:

(1) Each foot of duct utilized:(2) Each manhole utilized:

Annual fees shall be billed on or aboutyear for that calendar year and paymentafter bill date.

3.00

3.00

$ 4.95

2.005.00

January 1, of eachis due 30 days

For each pole contact covered by a permit granted afterJanuary l; of any year, Licensee will pay the proportionateshare for the remaining days of that calendar year. The same

provisions apply for conduit duct space.

For each pole contact discontinued after January 1, of anycalendar year for which the Telephone Company is notified, theTelephone Company will issue a credit based on the remainingdays of the calendar year. The same provisions apply forconduit duct space.

* The annual rental fee will be applied for all bills rendered afterthe effective date of this tariff sheet.


Issued under the author of the Michigan Public ServiceCommission Order dated December 22, 1992, in Case No. U-1OO64.


!4WOLVERINE TELEPHONE COMPANYM.P.S.C. NO. 27 (R) Original Sheet No. 11


c. CONDITIONS

1. Termination of Attachments

a. Upon notice from the Telephone Company to Licensee thatthe use of any pole or conduit is not authorized by anappropriate authority or private property owner, thepermit shall be cancelled and Licensee shall remove itsfacilities from the aforesaid pole or conduit.

b. Upon notice from the Telephone Company that it intends toabandon any pole or conduit, Licensee will remove itsfacilities from that pole or conduit. The TelephoneCompany may sell abandoned facilities to Licensee at afair and equitable price as may be agreed upon between theparties.




1WOLVERINE TELEPHONE COMPANYM.P.S.C. NO. 27 (R) Original Sheet No. 12


c. CONDITIONS (Continued).

2. Liability and Insurance

a.

b.

c.

The Telephone Company reserves the right to maintain itspoles and conduits and to operate it facilities thereonand therein in such a manner as will best enable it tofulfill its own service requirements.

The Telephone Company shall not be liable to Licensee orcustomers of Licensee for any interruption in serviceresulting from Licensee’s contacts or facilities of theTelephone Company.

The Licensee shall exercise special precautions to avoiddamage to facilities of the Telephone Company and ofothers on the poles of the Telephone company. Licenseeassumes responsibility for any and all damage to suchfacilities arising out of or caused by the conduct orproperty to the Licensee, whether by the negligence of theLicensee or otherwise. The Licensee shall make animmediate report to the Telephone Company or other ownerof any such damage and hereby agrees to reimburse theTelephone Company or other owner for expenses incurred bythem in making necessary repairs and replacements.


Issued under the authority of the Michigan Public ServiceCommission Order dated December 22, 1992, in Case No. U-10064.


WOLVERINE TELEPHONE COMPANYM.P.S.C. NO. 27 (R) Original Sheet No. 12.1

FACILITY SPACE ATTACHMENTc. CONDITIONS (Continued)

2. Liability and Insurance (Continued)

d. The Licensee shall assume all responsibility for bodilyinjury to persons, including death or damages, sustainedor claimed by its employees, the employees of theTelephone Company, or by any other person, and also fordamage to property, including property of the Licensee,the Telephone Company, or any other person, and also forany interruptions to utility service which may occur orallegedly occur because of, or result from, or in anymanner are connected with, or directly or indirectly ariseout of, or are caused in whole or in part by the erection,maintenance, presence, replacement~ use! or removal of theLicensee’s facilities hereunder or by the proximity of theLicensee’s cables, wires and associated equipment andthose of the Telephone Company or other users of theTelephone Company poles, or by any action, operation oromission of the Licensee, its agents, contractors oremployees, under this agreement; and the Licensee shallassume all responsibility for and shall indemnify and savethe Telephone Company harmless from and against alllosses, liabilities, claims, demands, payments, actions,legal proceedings, recoveries, costs, expenses, attorneyfees, settlements, judgments, orders and decrees ofevery nature and description brought or recovered against,or incurred by, the licensee, the Telephone Company, orboth of them, by reason of any such bodily injury topersons, damage to property, or interruptions to service.Notwithstanding the foregoing, the Licensee shall not berequired to indemnify the Telephone Company againstliability for damages arising out of bodily injury topersons, damage to property or interruptions to servicecaused by or resulting from the sole negligence of theTelephone Company, its agents, or employe@s.

e. Licensee shall also indemnify, protect and save harmless,the Telephone Company from any and all claims and demandsof whatever kind which arise directly or indirectly fromthe operation of Licensee’s facilities including taxes,special charges by others, claims and demands for damagesor loss for infringement of copyright, for libel andslander, for unauthorized use of other program material,and from all claims and demands for infringement ofpatents with respect to the manufacture, use and operationof Licensee’s equipment in combination with the TelephoneCompany’s poles or otherwise.

f. Without limiting the foregoing, the Licensee shall at therequest of the Telephone Company, defend at the Licensee’sexpense any suit or proceeding brought against theTelephone Company for any of the above-named reasons.




y

WOLVERINE TELEPHONE COMPANYM.P.S.C. NO. 27 (R) Original Sheet No. 12.2


c. CONDITIONS (Continued)

2. Liability and Insurance (Continued)

9*

h.

i.

The Licensee shall at its sole expense, secure andmaintain in force in the name of the Licensee, policies ofinsurance of the following types:

1)

2)

3)

Workers’ Compensation Insurance with Michiganstatutory limits.

Comprehensive General Liability Insurance with aminimum combined bodily injury and property damagesingle limit of $500,000 per occurrence.

Comprehensive Automobile Liability Insurance with a._minimum combined bodily and property damage singlelimit of $100,000 per occurrence, providing coveragefor owned, non-owned, and hired vehicles=

Either a certification of insurance of certified copies ofpolicies must be filed with and approved by the TelephoneCompany prior to the attachment of facilities of theLicensee to any pole or poles of the Telephone Company orthe placement of facilities in conduit of the TelephoneCompany.

Licensee’s insurance carrier shall notify the TelephoneCompany that the policies of insurance, as issued, in 2.g.preceding will be cancelled or changed so that theirrequirements will not longer be satisfied.




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