Pole Attachment Agreement

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ARTICLE

VERIZON NEW YORK INC.

POLE ATTACHMENT AGREEMENT

TABLE OF CONTENTS

SCOPE OF AGREEMENT

Page

ARTICLE II DEFINITIONS

ARTICLE III GENERAL CONDITIONS

ARTICLE IV PROCEDURES

1. Application for Authorization

2. Multiple Attachment Applications

3. Specifications

4. Pre-Construction Surveys and Make-Ready Work

5. Inspections of Licensee’s Facilities

6. Unauthorized Attachments

ARTICLE V OTHER OBLIGATIONS OF LICENSEES

1. Insurance

2. Surety Requirements

ARTICLE VI LIABILITY AND DAMAGES

ARTICLE VII TERMINATIONS OF AUTHORIZATIONS

ARTICLE VIII RATES AND CHARGES

ARTICLE IX EQUAL EMPLOYMENT OPPORTUNITIES

ARTICLE X LICENSE NOT EXCLUSIVE

ARTICLE XI WAIVER OF TERMS AND CONDITIONS

ARTICLE XII TERM OF AGREEMENT

EXHIBIT A APPLICATION AND POLE LICENSE

EXHIBIT B NOTIFICATION OF REMOVAL OF POLE

AND/OR ANCHOR ATTACHMENT

EXHIBIT C APPLICATION AND ANCHOR LICENSE

EXHIBIT D ANCHOR ATTACHMENT PROCEDURE

EXHIBIT E SCHEDULE OF RATES

EXHIBIT F EEO COMPLIANCE UNDERTAKING

EXHIBIT G FRANCHISED MUNICIPALITIES

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POLE ATTACHMENT AGREEMENT

THIS AGREEMENT, made as of the day of 20 ,

between VERIZON NEW YORK INC., formerly known as NEW YORK TELEPHONE

COMPANY, a corporation organized and existing under the laws of the State of New York,

having its principal office at 1095 Avenue of the Americas, New York, New York 10036

(hereinafter called “Licensor”), and ,

a corporation organized and existing under the laws of the State of

, having its principal office

at (hereinafter called “Licensee”).

W I T N E S S E T H

WHEREAS, Licensee for its own use desires to place and maintain cables,

equipment and facilities on poles of Licensor; and

WHEREAS, Licensor is willing to permit, to the extent it may lawfully do so,

the placement of said cables, equipment and facilities on its poles.

NOW, THEREFORE, in consideration of the mutual covenants, terms and

conditions herein contained, the parties do hereby mutually covenant and agree as follows:

ARTICLE I

SCOPE OF AGREEMENT

Subject to the provisions of this Agreement, the Licensor will issue to Licensee for any

lawful purpose revocable, nonexclusive licenses authorizing the attachment of Licensee’s equipment and

facilities to Licensor’s poles in the City, Village or Town of

County of .

ARTICLE II

DEFINITIONS

1. Anchor

A facility consisting of an assembly of a rod secured to a fixed object

or plate designed to resist the pull of a guy strand or strands.

2. Anchor Attachment

A guy strand attached to an anchor solely owned or jointly owned by

Licensor or for which Licensor is responsible for authorizing attachments.

3. Appurtenance Attachment

Any article of equipment attached to a point on a pole not normally

occupied by a strand attachment (i.e. equipment cabinets, terminals, etc.).

4. Licensor

The owner or custodian of a pole and the only party permitted to issue

licenses to that pole and its associated anchor(s).

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5. Licensee

The person, corporation or other legal entity authorized by the Licensor

under this Agreement to attach its facilities to utility poles and anchors and the party responsible

for compliance with Licensor’s regulations regarding such accommodations.

6. Licensee’s Facilities

The cables and all associated equipment and hardware installed for the

sole use of the Licensee.

7. Guy Strand

A metal cable (facility) which is attached to a pole and anchor (or

another pole) for the purpose of reducing pole stress.

8. Joint Owner

A person, corporation or other legal entity having an ownership interest

in a pole and/or anchor with the Licensor.

9. Joint User

A party who owns poles or anchors to which the Licensor is extended

or may hereafter be extended joint use privileges, or to which the Licensor has extended or may

hereafter extend joint use privileges of the Licensor’s poles or anchors. The term “Joint User”

shall not include Licensees.

10. Make-Ready Work (Initial)

All work, including but not limited to rearrangement and / or transfer of

existing facilities, replacement of a pole or any other changes required to accommodate the

attachment of Licensee’s facilities to a pole or any other changes required to accommodate the

attachment of Licensee’s facilities to a pole or anchor. Similar work required after initial

attachment to a pole solely because of the existence of the Licensee’s attachments shall be

referred to as “additional make-ready.”

11. Other Licensees

Any person, corporation, or other legal entity other than the Licensee herein, to

whom the Licensor has or hereafter shall extend an authorization to attach facilities to a pole or

anchor.

12. Penalties

Additional charges applied to items of non-compliance with the terms and

conditions of the Agreement.

13. Periodic Inspection

Inspections conducted at scheduled intervals on portions of Licensee’s

facilities, to determine that attachments are authorized and that attachments are maintained in

conformance with the required standards.

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14. Pole Attachment

utility pole.

Any of Licensee’s facilities in direct contact with or otherwise supported by a

15. Post-Construction Inspection

The work operations and functions performed to measure and/or visually

observe Licensee’s attachments, during or shortly after completion of the construction of such

facilities, to determine that all attachments have been authorized and construction conforms to

the standards required by this Agreement.

16. Preconstruction Survey

The work operations and functions performed in order to process an application

for pole and anchor attachments to the point just prior to performing any necessary make-ready

work. There are two elements of the Preconstruction Survey: 1) field inspection of the existing

facilities, and 2) administrative effort required to process the application and prepare the make-

ready work order.

17. Subsequent Inspections

Inspections performed to confirm the correction of non-conformance to

specification that are observed during Post Construction Inspections.

18. Suspension Strand (messenger cable)

A metal cable attached to a pole and used to support facilities.

19. Unit Cost

A dollar amount subject to periodic revision, applicable to specified work

operations and functions, including materials and labor costs.

20. Utility Pole

A pole solely owned or jointly owned by the Licensor and used to support its

facilities, the facilities of a joint user and/or Authorized Licensee.

21. Attachment Rate

A specified amount revised periodically, billed semi-annually to the

licensee, and payable in advance to the Licensor for each attachment.

ARTICLE III

GENERAL CONDITIONS

1. Compliance with Applicable Laws

The Licensee and the Licensor shall at all times observe and comply with, and

the provisions of this Agreement are subject to, all laws, ordinances, and regulations which in

any manner affect the rights and obligations of the parties.

2. Rights in Utility Poles and Anchors

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No use, however extended, of a utility pole or anchor or payment of any fee or

charge required hereunder shall create or vest in the Licensee any ownership or property right in

such a pole or anchor.

3. Requirement to Construct and Maintain a Utility Pole and Anchor

Nothing contained herein shall be construed to compel the Licensor to

construct, reconstruct, retain, extend, repair, place, replace or maintain any utility pole or anchor

or other facility not needed for the Licensor’s own service requirements, except as provided in

Article IV (3. b. (2)) and Article IV (5. d.)

4. Other Agreements

Nothing contained herein shall be construed as a limitation, restriction, or

prohibition against the Licensor with respect to any agreement(s) and arrangement(s) which the

Licensor has entered into, or may in the future enter into, with others not covered by this

Agreement, except that authorizations for attachments existing at the time of such future

agreements or arrangements shall not be diminished. The rights of Licensee shall at all times be

subject to such existing and future agreement(s) or arrangement(s). The Licensor, in negotiating

and entering into any such agreement(s) and arrangement(s), shall give due and reasonable

regard to the Licensee’s potential future interest in Licensee accommodation to a utility

pole and anchor to be covered by such future agreement(s) and arrangement(s).

5. Assignment of Rights

Licensee shall not assign, sub-license, sublet or transfer any authorization

granted herein, and such authorization shall not inure to the benefit of Licensee’s successors or

assigns without the prior written consent of the Licensor. In the event such consents are granted

by the Licensor, the provisions of this Agreement shall apply to and bind the Licensee’s

successors and assigns.

6. Permits and Consents

a. Licensee shall be responsible for obtaining from private and/or public

authority any necessary easement, right of way, license, permit, permission, certification or

franchise to construct, operate and/or maintain its facilities on private and public property at the

location of the utility pole and/or anchor to which Licensee attaches its facilities. The Licensor

does not warrant the validity or apportionability of any rights it may hold to place facilities on

private property. The Licensor will, upon written request by the Licensee, provide available

information and copies of any documents in its files pertinent to the nature of the rights the

Licensor possesses over private property. The cost of providing such information and

reproducing documents shall be borne by Licensee.

b. Where Licensor has an easement over a public or private right of way

sufficiently broad under Connecticut State law to permit Licensee attachment, Licensee shall

not be required to obtain independent permission of the property owner to attach. In any case

where the Licensor seeks to obtain any necessary permission from a property owner for

Licensee’s attachments, the fully allocable costs of such efforts shall be paid by the Licensee

along with make-ready costs, if any.

7. This Agreement supersedes all previous agreements between the parties for

maintenance and placement of aerial cables, equipment and facilities by the Licensee and

constitutes the entire agreement between the parties. It may not be modified or amended nor

may any obligation of either party be changed or discharged except in writing signed by the

duly authorized officer or agent of the party to be charged. Currently effective licenses, if any,

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issued pursuant to previous agreements shall remain in effect as if issued pursuant to this

Agreement.

8. Any notice to be given to the Licensor under this Agreement shall be sent by

certified mail to:

Any notice to be given to the Licensee under this Agreement shall be sent by

certified mail to:

Any such notice shall be effective immediately upon being deposited in the

United States mail.

9. If the presence of the Licensee on Licensor’s poles causes Licensor to pay any

new or additional tax which Licensor would not otherwise pay, Licensee shall reimburse

Licensor to the full extent of such new or additional tax, as additional rent, within thirty (30)

days of receiving a bill therefor from Licensor.

10. This Agreement shall be governed by, and interpreted according to, the laws of

the State of Connecticut.

ARTICLE IV

PROCEDURES

1. Application for Authorization

a. Prior to the Licensee attaching equipment and/or facilities to any utility

pole or anchor, Licensee shall make written application for and have received an authorization

therefor. (Exhibits A or C.)

b. Licensee shall file applications for pole attachment authorizations

which designate a desired priority of authorizations in blocks of 300 poles or less.

c. The Licensor will accept applications on a first come first served basis

and shall attempt to satisfy the designated priority of completions. Licensor shall be obligated to

perform the required preconstruction survey and/or make-ready work in accordance with the

time frames set forth in paragraph (4)(m) of this Article to permit the issuance by the Licensor

and/or a joint user of a volume not to exceed a total of 1,500 pole attachment authorizations per

month in each of the Licensor’s plant construction operating area, i.e., Western, Central,

Northeastern, MidState, Long Island and each of the five Boroughs of the City of New York. If

more than 1,500 poles are included in all such applications received for any one month in each

construction operating area, at least one block of 300 poles or less per applicant will be

processed, selected in the sequence in which the applications were received, until the 1,500 pole

limit has been reached. If one block of 300 poles or less for each applicant is processed and the

1,500 pole limit has not been exceeded, the remaining applications shall be processed on a first

come first served basis.

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2. Multiple Attachment Applications

The provisions of this Article IV 2 apply in the case of applications received by

the Licensor from two or more Licensees for attachment authorizations on the same pole, prior

to completion of the preconstruction survey and the commencement of any make-ready work

required to accommodate any Licensee.

a. Applications received from multiple applicants for the same pole will

be classified as follows:

(1) non-simultaneous - received by the Licensor on different

business days.

(2) simultaneous - received by the Licensor on the same business

day.

b. Where applications are non-simultaneous, the initial applicant will be

offered the following options after the application is received from the additional applicant(s):

Option 1 - the application of the initial applicant will be processed as if

there is no other attachment application on file for the same

utility pole or anchor.

Option 2 - the applications of the initial and additional applicant(s) will

be processed as if they were simultaneous applications.

(1) The initial applicant will be required to indicate the option

desired no later than fifteen (15) days after the Licensor has quoted the make-ready charges that

will apply under each option, otherwise the Licensor will deem the initial applicant to have

selected Option 1. Selection of an option prior to the quotation of the aforementioned make-

ready charges is permissible.

(2) Option 2 will be subject to acceptance by all of the multiple

applicants involved. The additional applicant(s) will have fifteen (15) days from the date of

receipt of written notification from the Licensor that the initial applicant has selected Option 2,

to accept or reject the conditions applicable under Option 2, otherwise, the Licensor will deem

the additional applicant(s) to have rejected such conditions.

(3) All work in progress on the initial applicant’s application

involving multiple applications will be suspended by the Licensor from the time that the initial

applicant is offered Options 1 and 2 until it notifies the Licensor of the option it elects in

accordance with (1) preceding.

c. Where multiple applicants are simultaneous or the initial applicant in

the case of non-simultaneous applications has selected Option 2, the multiple applicants must

develop a mutually agreeable order of facility availability and overall make-ready work

completion schedule. Where multiple applicants cannot reach mutual agreement regarding

order of facility availability and an overall make-ready work completion schedule within fifteen

days (15) of written notification from the Licensor of the charges for the required make-ready

work, the Licensor will offer as an alternative to complete the total make-ready work required

for all multiple applicants before simultaneously granting attachment authorizations to the

multiple applicants.

d. Any multiple applicant who fails to agree to the alternate arrangement

set forth in c., preceding within ten (10) days after being advised in writing of the availability of

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such alternate arrangement by the Licensor, will be considered by the Licensor to have canceled

its application(s) relative to those facilities which involve pending attachment applications by

other Licensees.

e. Where multiple applications are non-simultaneous and the initial

applicant has selected Option 1, the Licensor:

(1) will consider the initial applicant as a non-multiple applicant.

Any change of priority or facility availability or work schedule completion that is desired after

either has been initially agreed upon by the initial applicant with the Licensor will be subject to

the Licensor’s ability to accommodate such changes in its established work schedule.

(2) will not perform the required make-ready work for the

additional applicant until attachment authorizations have been granted to the initial applicant,

unless the performance of such work will not delay the completion of the make-ready work

required to accommodate the initial applicant.

f. Preconstruction survey costs will be allocated as follows:

(1) Simultaneous applications - each applicant will bear an equal

share of the total initial and resurvey costs involved.

(2) Non-simultaneous applications - each applicant will bear the

costs related only to determining the accommodation requirements for its specific application.

g. Make-Ready cost will be allocated as follows:

(1) Simultaneous applications -

total make-ready cost.

(a) each applicant will be charged an equal share of the

(b) if only one applicant agrees to the shared portion of

total cost, that applicant will be quoted the cost applicable to accommodate a single licensee.

(2) Non-simultaneous applications -

(a) the initial applicant will be charged the total make-

ready cost to accommodate its facilities.

(b) the additional applicant(s) will be charged the total

added make-ready cost to accommodate the additional applicant’s facilities.

3. Specifications

a. Licensee’s facilities shall be placed, maintained, relocated or removed

in accordance with the requirements and specifications of the current editions of the Bell

Operating Companies Manual of Construction Procedures (Blue Book), the National Electrical

Code (NEC), the National Electrical Safety Code (NESC), the rules and regulations of the

Occupational Safety and Health Act (OSHA) and any governing authority having jurisdiction.

Where a difference in specification may exist, the more stringent shall apply. Licensee’s

facilities shall not physically, electronically or inductively interfere with the Licensor’s

facilities.

b. If any part of Licensee’s facilities is not placed, maintained or relocated

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in accordance with the above requirements and specifications, and if Licensee fails to correct

said conditions within fifteen (15) days written notice to the Licensee, the Licensor may correct

said conditions. However, when such conditions pose an immediate threat to the safety of the

Licensor’s employees, interfere with the performance of the Licensor’s service obligations, or

pose an immediate threat to the physical integrity of the pole plant, the Licensor may perform

such work and/or take such action that the Licensor deems necessary without prior notice to

Licensee. The cost of said work and/or actions shall be borne by Licensee.

(1) Where such work and/or actions entail new or additional

attachments to the Licensor’s anchors, authorizations for such attachments shall be issued by the

Licensor. Licensee’s privileges and obligations with respect to authorizations so issued shall be

as provided in this Agreement.

(2) Where such work and/or actions entail the placement of and

attachment to anchors for the Licensee’s sole use, these anchors shall be the property of the

Licensee.

In either (1) or (2) preceding, the guy strand shall be the property of the Licensee.

4. Pre-Construction Surveys and Make-Ready Work

a. A pre-construction survey will be required for each pole and anchor for

which attachment is requested to determine the adequacy of the pole and anchor to

accommodate Licensee’s facilities. At the option of Licensee, the field inspection will be

performed:

(1) by representatives of the Licensor with optional participation by

joint owner(s), joint user(s), other Licensees and the Licensee, or

(2) by Licensee, after first providing written notice to the Licensor of

its intention to perform said field inspection. If the field inspection is performed by Licensee,

the Licensee shall, prior to commencement of the field inspection, obtain from the Licensor

information as to the Licensor’s planned future construction on the poles and/or anchors

involved. Licensee shall furnish the required field inspection data to the Licensor in a format

specified by the Licensor.

The field inspection data shall be of an accuracy and completeness

necessary to permit the performance of make-ready and other work required to accommodate

Licensee’s facilities in a manner consistent with the requirements of Article IV (3.) and IV (4.

c.). The Licensee and Licensor may employ contractors to perform the field inspection.

b. Licensee shall pay the Licensor at the time Licensee furnishes the field

inspection data, an administrative handling charge per pole as provided in the Schedule of Unit

Costs filed with the Public Service Commission.

c. In the event the Licensor determines that a utility pole to which

Licensee desires to make attachments is inadequate or that a pole or anchor needs

rearrangement of the existing facilities thereon to accommodate the facilities of Licensee, the

Licensor will inform Licensee in writing of the cost of the required make-ready work. Charges

for make-ready work, the cost of surveys and/or inspections, shall be as specified in Article

VIII; Rates and Charges.

d. The Licensor shall specify the point of attachment on each of the utility

poles and/or anchors to be occupied by Licensee’s equipment and/or facilities. Where multiple

Licensee’s attachments are involved, the Licensor will attempt, to the extent practical, to

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designate the same relative position on each pole for each Licensee’s facilities. Order No. 19 of

the May 11, 2022 decision in Docket No. 19-01-52RE01 directed the Licensor to incorporate the

following provisions into this Agreement:

(i). Attachments may not be placed below the independent local exchange carrier (“ILEC”)

facilities if the Attachments would create a NESC violation or an unsafe result. The Licensor

shall inform the Licensee if such attachment would create a NESC violation or an unsafe result.

(ii). Attachments may not be placed below the ILEC facilities if the Attachments would create

an unreasonable result. The Licensor shall inform the Licensee if such Attachment would create

an unreasonable result. An unreasonable result would include, but not be limited to, the

following situations:

A. When cable midspan and at pole Attachment points clearance minimums are not

met in accordance with NESC 235-C(2)(b), as may be updated from time to time.

B. When communication lines are not arranged to occupy uniform positions along a

pole or otherwise be easily identifiable for employees who work on them in accordance

with Safety standard NESC Rule 220E, as may be updated from time to time.

C. When the Attachment eliminates standardization and may increase the complexity

for other attachers during future make-ready work.

D. When the Attachment produces profiles that vary along a pole line, adds

complexity and will likely introduce facility crossings, resulting in Make Ready merely

being shifted from one pole to another. For example, if a cable line is being placed both

above and below the ILEC position along the same line of poles.

E. When the Attachment impedes the pole owners’ future ability to service poles

safely and efficiently.

(iii). Attachments may be placed below the ILEC facilities if, in the Licensor’s reasonable

judgment pursuant to then current utility industry practice and standards, the attachments would

not create an unreasonable or unsafe result.

(iv). In the event the Licensee seeks to place Attachments below the ILEC, and the Licensor

approves such request pursuant to this subsection, the Licensee consents to the ILEC conducting

all rearrangements and shifting of Licensee’s Attachments, Overlashings and/or Facilities that

are located below the ILEC facilities in the event a pole replacement is necessary, subject to the

following:

A. Cost

(1) In the case of future pole replacements, the Licensee shall be responsible for the

incremental costs of rearrangements and shifting, including the cost of traffic

control, performed by ILEC on behalf of the Licensee will be borne by the

Licensee as set forth in Article VIII, Rates and Charges.

(2) If the ILEC desires to retain the lowest placement and room for the Licensee’s

attachment above the ILEC on the existing pole can be accomplished by the ILEC

shifting its facilities down, the ILEC will bear the cost of that shifting.

B. With respect to any damage to Licensee’s Attachments, Overlashings and/or Facilities

caused by Licensor during such rearrangement and shifting, Licensor shall not be

liable therefore unless such damage was caused by Licensor’s gross negligence or

willful misconduct and will maintain adequate insurance covering such damage.

C. If the ILEC is unable to perform the rearrangement or shifting of Licensee’s

Attachments, Overlashings and/or Facilities at the ILEC’s sole determination, in non-

emergency conditions, for reasons including but not limited to technical concerns or

risk of damage or interference with Licensees' Attachments, Overlashings and/or

Facilities, ILEC shall contact Licensee and Licensee shall perform any such

rearrangement or shifting within the time period required by applicable Law, rule or

regulation, provided such time period for Licensee shall not start until the date written

notice of such request to perform such rearrangement or shifting is delivered to

Licensee, and provide notice to Licensor of completion of such rearrangement or

shifting. If Licensee fails to perform such rearrangement or shifting and provide

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notice to ILEC of completion within the applicable time period, the Non-Conforming

Construction/Shifting Fee as set forth in Article VIII, Rates and Charges, will apply

on a daily basis per rearrangement or shift location until notification from the

Licensee that the work has been completed.

e. (i) Licensee shall have thirty (30) days from the receipt of written

notification from the Licensor of the costs of make-ready work to accept and pay all make- ready

costs; provided, however, (ii) that if the Licensor receives a request from another Licensee for an

authorization to attach to a utility pole or anchor for which a written notification of make- ready

work costs has been sent to Licensee, then Licensee must accept within fifteen (15) days after

receipt of notification from the Licensor of the other attachment request or until the end of the

thirty (30) day period, whichever period of time is shorter, and provided further, (iii) if the

Licensor’s Make-Ready Work is intended to accommodate a Licensor’s wireless attachment(s),

then Order No. 16 of the May 11, 2022 decision in Docket No. 19-01-52RE01 requires the

Licensee to accept and pay all Make-Ready Work costs within 60 days of the Licensee’s receipt

of Licensor’s estimate of the costs of the Make-Ready Work unless the Licensee timely requests,

and the Licensor grants, an extension of said 60-day period for good cause shown as reasonably

determined by the Licensor; and if the Licensee does not respond within said 60 day period with

full payment or by requesting an extension, then Licensor is automatically thereafter authorized

to release the applicable pole(s) for reservation by Other Licensee(s) without providing prior

notice thereof to Licensee.

f. Any required make-ready work will be performed following receipt by

the Licensor of payment of the cost of make-ready work. Licensee shall also reimburse the

owner(s) of other facilities attached to said poles or anchors for any expense incurred by them in

transferring or rearranging such facilities to accommodate Licensee’s facilities.

g. Should the Licensor, joint user or other Licensee, for their own service

requirements, need to attach additional facilities to any utility pole or anchor to which Licensee

is attached, Licensee will either rearrange its facilities on the pole or anchor or transfer them to a

replacement pole or anchor as determined by the Licensor so that the additional facilities of the

Licensor, joint user or other Licensee may be attached. Licensee shall not be required to bear

any of the costs of rearranging or transferring its facilities if such rearrangement or transfer is

required as a result of an additional attachment or modification of an existing attachment sought

by any entity, including Licensor, Joint Owner, Joint User, or other Licensees. Any

rearrangement/transfer costs shall be borne by the entity or entities requesting the rearrangement

or transfer. Licensee shall be solely responsible for collecting any rearrangement/transfer costs

incurred pursuant to this paragraph. Licensor’s responsibility shall be limited to reimbursement

of its pro rata share of such costs caused by its own additional attachment or modification to the

pole. However, Licensor shall, upon receipt of written request, provide Licensee with any

information in Licensor’s possession which may facilitate Licensee’s collection of such costs.

If Licensee does not rearrange or transfer its facilities within sixty (60) days after receipt of

written notice from the Licensor requesting such rearrangement or transfer, the Licensor, Joint

Owner or Joint User may perform or have performed such rearrangement or transfer and

Licensee shall pay the cost thereof. The foregoing shall not preclude Licensee from thereafter

seeking reimbursement of such rearrangement/transfer costs as if it had performed the work in

accordance with this paragraph.

h. In an emergency, the Licensor may rearrange or temporarily remove

Licensee’s facilities attached to a utility pole and/or anchor.

i. Upon written notice from Licensor, Licensee shall promptly rearrange

and/or transfer its attachments and/or anchors as required by Licensor to permit Licensor to

perform any routine maintenance, including replacement of worn or defective poles, guys or

anchors. Licensee shall be responsible for all costs associated with such

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rearrangements/transfers.

j. Authorization to attach a guy strand to an existing utility anchor shall

be granted where adequate capacity is available as specified in the then current written

procedures for determining the adequacy of attachment capacity, filed separately with the

Public Service Commission. (Exhibit D). Should the Licensor, Joint Owner or Joint User for its

own service requirements need to increase its load on the anchor to which Licensee’s guy strand

is attached, and where a larger anchor is required that would not have been necessary but for the

attachment of Licensee’s guy strand, Licensee will either rearrange its guy strand on the anchor

or transfer it to a replacement anchor as determined by the Licensor. The cost of such

rearrangement/transfer shall be borne by the Licensor, Joint Owner or Joint User requiring the

larger anchor. Licensee shall be solely responsible for collecting its rearrangement/transfer costs

under such circumstances. Licensor’s responsibility shall be limited to reimbursement of

its pro rata share of such costs caused by its own additional attachment or modification to the

pole. However, Licensor shall, upon receipt of written request, provide Licensee with any

information in Licensor’s possession which may facilitate Licensee’s collection of such costs.

If Licensee does not rearrange or transfer its guy strand within thirty (30) days after receipt or

written notice from the Licensor regarding such requirement, the Licensor or Joint User may

perform, or have performed, the work involved and Licensee shall pay the cost thereof. The

foregoing shall not preclude Licensee thereafter from seeking reimbursement of any

rearrangement/transfer costs in accordance with this paragraph.

k. Licensee shall notify the Licensor in writing before adding to,

relocating, replacing or otherwise modifying its equipment and/or facilities on a utility pole or

anchor, where additional space or holding capacity may be required.

l. When additional Make-Ready or related work is required as a result of

circumstances beyond anyone’s control, including but not limited to storms, vehicular accidents,

or public work projects, Licensee is responsible for the timely repairing, relocating or replacing

of its own facilities.

m. Unless prevented from doing so by circumstances beyond Licensor’s

reasonable control, including, but not limited to acts of god, fire, strikes, embargo, seasonal

limitations on construction, acts or inaction of the Government, or acts or inaction of a joint

owner, joint user or other Licensee, and subject to the quantity limitations set forth in paragraph

(1) (c) of this Article, Licensor shall adhere to the following timetable in the performance of

pre-construction and Make-Ready work:

(1) Upon receipt of a written application (Exhibits A or C),

Licensor shall verify pole ownership and perform a pre-survey with all affected parties, unless

Licensee opts to perform the pre-survey for itself. Licensor shall determine whether Licensee’s

proposed attachment or anchor can be accommodated and determine what, if any, Make-Ready

work is required for Licensee’s proposed attachments and/or anchors. Licensor shall complete

these tasks within forty-five (45) days of receipt of Licensee’s written application.

(2) If Make-Ready work is required and there are other entities

with attachments to the poles, Licensor shall send written notification to all such entities

describing the proposed modifications to the poles and/or anchors based on Licensee’s

application. Entities receiving such notice shall have sixty (60) days to determine whether they

wish to add to or modify their existing attachments and to submit written notification of their

requirements to Licensor.

(3) Licensor shall design the Make-Ready work, or redesign the

Make-Ready work to incorporate any additional requirements submitted by other entities

pursuant to subparagraph (2) above, and estimate the costs of the Licensor’s Make-Ready work.

Licensor shall complete these tasks within thirty (30) days of receipt of all written notifications

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of modification requirements or notifications that no additional requirements are sought.

(4) Licensor shall complete all its Make-Ready work which does

not involve pole replacements within sixty (60) days of receipt of payment by Licensee of the

estimated Make-Ready work costs. For Make-Ready work involving pole replacements,

Licensor shall complete all its Make-Ready work within ninety (90) days of receipt of payment

by Licensee of the estimated Make-Ready work costs. The foregoing Make-Ready

commitments shall apply solely to Make-Ready work to be performed by Licensor. These

commitments shall not apply to Make-Ready work to be performed by Joint Owners, Joint

Users or other Licensees.

(5) Licensor shall not be considered in default of any of its

obligations under this paragraph (m) unless such default continues for more than fifteen (15)

days after Licensee shall have provided Licensor written notice specifying the nature of the

default and, if applicable, the location(s) of poles for which Make-Ready work has not been

performed.

5. Inspections of Licensee’s Facilities

a. The Licensor reserves the right to make post-construction, subsequent

and periodic inspections (of any part or all) of Licensee’s facilities attached to a utility or joint

user’s pole and/or anchor.

b. Licensee shall provide written notice to the Licensor, at least fifteen

(15) days in advance, of the exact pole locations where Licensee’s plant is to be constructed and

shall also notify the Licensor in writing of the actual dates of attachment, including overlashing,

within five (5) days of the date(s) of such attachment.

c. Where post-construction inspection by the Licensor has been completed

within thirty (30) days of the date of notice of attachment of Licensee’s facilities require

d in b. above, Licensee shall be obligated to correct such non-complying conditions within

fifteen (15) days of the date of the written notice from the Licensor. If corrections are not

completed within said fifteen (15) day period, attachment authorizations for the poles and/or

anchors where non-complying conditions remain uncorrected shall terminate forthwith,

regardless of whether Licensee has energized the facilities attached to said poles and/or anchors,

and Licensee shall remove its facilities from said poles and/or anchors in accordance with

provisions in Article VII. No further attachment authorizations shall be issued to Licensee until

Licensee’s facilities are removed from the poles and/or anchors where such non-complying

conditions exist.

d. Where post-construction inspection by the Licensor has not been

completed within thirty (30) days of the date of notice of attachment of Licensee’s facilities,

Licensee shall correct such noncomplying conditions within fifteen (15) days of the date of the

written notice from the Licensor. If corrections are not made by Licensee within said fifteen

(15) day period, the Licensor shall perform or have performed such corrections and Licensee

shall pay to the Licensor the cost of performing such work.

e. Within seven (7) days of the completion of a post-construction

inspection, the Licensor shall notify the Licensee in writing of the date of the completion of the

post-construction inspection.

f. Subsequent inspections to determine if appropriate corrective action has

been taken may be made by the Licensor. Licensee shall reimburse the Licensor for the cost of

such inspections as specified in Article VIII.

g. The making of post-construction, subsequent and/or periodic

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inspections or the failure to do so shall not operate to relieve Licensee of any responsibility,

obligation or liability specified in this Agreement.

h. The costs of inspection made during construction and/or the initial

post-construction survey shall be billed to the Licensee at the same time as Make-Ready

charges. The costs of Periodic Inspections or any inspections found necessary due to the

existence of substandard or unauthorized attachments shall be recovered according to the

Schedule of Unit Costs filed with the Public Service Commission.

i. Licensor reserves the right to make periodic inspections of all or any

part of the cable, equipment and facilities of Licensee on poles owned by the Licensor and/or

Joint User(s), at the expense of the Licensee as specified in Article VIII. Periodic inspections of

the entire plant of the Licensee will not be made more often than once every five years and upon

30 days notice to Licensee unless in Licensor’s judgment such inspections are required for

reasons involving safety or because of an alleged violation of the terms of this Agreement by

Licensee.

6. Unauthorized Attachment

a. If any equipment and/or facilities of the Licensee shall be found

attached to a pole and/or anchor for which authorization has not been granted by the Licensor,

the Licensor, without prejudice to its other rights or remedies under this Agreement, including

termination or otherwise, may impose a charge and require the Licensee to submit in writing,

within ten (10) days after receipt of written notification from the Licensor of the unauthorized

attachment, a pole and/or anchor attachment application. If such application is not received by

the Licensor within the specified time period, the Licensee will be required to remove its

unauthorized attachment within ten (10) days of the final date for submitting the required

application, or the Licensor may remove the Licensee’s facilities without liability, and the cost

of such removal shall be borne by the Licensee.

b. For the purpose of determining the applicable charge, the unauthorized

attachment shall be treated as having existed for a period of five (5) years prior to its discovery

or for the period beginning with the date of the initial agreement, whichever period shall be

shorter; and the charges as specified in Article VIII shall be due and payable forthwith whether

or not Licensee is permitted to continue the attachment.

c. No act or failure to act by the Licensor with regard to said unauthorized

attachment shall be deemed as the authorization of the attachment; and, if any authorization

should be subsequently issued, said authorization shall not operate retroactively or constitute a

waiver by the Licensor of any of its rights or privileges under this Agreement, or otherwise,

provided, however, that Licensee shall be subject to all liabilities, obligations and

responsibilities of this Agreement in regard to said unauthorized attachment from its inception.

ARTICLE V

OTHER OBLIGATIONS OF LICENSEES

1. Insurance

a. Licensee shall carry insurance policies issued by an insurance carrier

licensed to operate in the State of Connecticut to protect the Licensor and joint users as named

or additional insured from and against any and all claims, demands, actions, judgments, costs,

and/or expenses, including attorney’s fees, and liabilities of every kind and nature which may

arise or result, directly or indirectly, from or by reason of such loss, injury or damage as covered

in Article VI.

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b. The amounts of such insurance:

(1) against liability due to injury or to death of persons shall be not less

than $1,000,000 as to any one person and $1,000,000 as to any one occurrence, and

(2) against liability due to damage to property shall be not less than

$1,000,000 as to any one occurrence.

c. Licensee shall also carry such insurance as will protect Licensee from

all claims under any Worker’s Compensation Law in effect that may be applicable.

d. All insurance must be effective before the Licensor shall issue

authorizations for attachment of facilities to any utility pole or anchor, and shall remain in

force as long as Licensee’s facilities remain attached to any utility pole or anchor. In the

event that Licensee shall fail to maintain the required insurance coverage, the Licensor may

pay any premiums thereon falling due and the Licensee shall reimburse the Licensor for any

such payments made.

e. Licensee shall submit to the Licensor certificates by each company

insuring Licensee for all liabilities of Licensee referred to in Article VI. Licensee’s insurance

policies shall provide that they will not cancel or amend such policy of insurance issued to

Licensee except after thirty (30) days’ prior written notice to the Licensor and joint user.

f. Licensee shall promptly advise the Licensor of all claims relating to

damage to property or injury to or death of persons, arising or alleged to have arisen in any

manner, directly or indirectly, by the erection, maintenance, repair, replacement, presence, use

or removal of the Licensee’s facilities. Copies of all accident reports and statements made to

the insurer by the Licensee, or others, shall be furnished promptly to the Licensor.

g. The Licensee at Licensor’s option may be self-insured with regard to its

liability under the terms of this agreement.

2. Surety Requirements

Licensee shall furnish bond or other satisfactory evidence of financial

security in an amount specified as follows to guarantee the payment of any sums which may

become due to the Licensor for attachment fees due hereunder and any other charges for work

performed for Licensee, by the Licensor, including the removal of Licensee’s facilities upon

termination of any authorization issued hereunder.

a. Licensee shall furnish a cash deposit, bond, irrevocable Letter

of Credit or other security satisfactory to the Licensor in the following amounts: Security in the

amount of $20.00, shall be required for each authorized pole attachment. The total amount of

security required hereunder shall not exceed $300,000 or be less than $1,000. Security will not

be required where Licensee’s total attachment authorizations do not exceed ten (10).

b. If the financial security is in the form of a bond or irrevocable

Letter of Credit, such instrument shall be issued by a Surety Company or Bank satisfactory to

the Licensor. The instrument shall contain a provision that the Surety Company or Bank will

pay the Licensor within the dollar limits of the instrument any sum demanded by the Licensor

as due under this Agreement, whether or not the Licensee contests its liability to pay such sum,

and whether or not the Licensor exercises or has exercised any option it may have to terminate.

If any such amounts are paid by the Surety Company or Bank, the Licensee shall restore the

Surety Bond or Letter of Credit to the full amount required under this Article, within thirty (30)

days after notice of such payment is sent to the Licensee.

c. If the security is in the form of a cash deposit, interest at the

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rate currently paid by the Licensor on deposits shall be credited to the Licensee during the

continuance of the deposit. If the Licensee shall fail to pay any sum demanded by the Licensor

as due under the provisions of this Agreement, the Licensor shall have the right, without prior

notice to the Licensee forthwith to apply any or all amounts on deposit with it to payment of the

sum due, whether or not the Licensee contests its liability to pay such sum, and whether or not

the Licensor exercises or has exercised any option it may have to terminate. If any such

amounts are applied to payment of sums due to the Licensor, Licensee shall restore to its deposit

the amounts so applied within thirty (30) days after notice to Licensee of such application.

d. The amount of the bond or the financial security shall not

operate as a limitation upon the obligations of the Licensee.

ARTICLE VI

LIABILITY AND DAMAGES

1. The Licensor reserves to itself, its successors and assigns, the right to relocate

and maintain its poles and anchors and to operate its facilities in conjunction therewith in such a

manner as will best enable it to fulfill its own service requirements. The Licensor shall be liable

to Licensee only for and to the extent of any damage caused by the negligence of the Licensor’s

agents or employees to Licensee’s facilities attached to a utility pole or anchor. The Licensor

shall not be liable to Licensee for any interruption of Licensee’s service or for interference with

the operation of Licensee’s facilities arising in any manner out of Licensee’s use of utility poles

or anchors.

2. Licensee shall indemnify, protect and save harmless the Licensor from and

against any and all claims, demands, causes of action and costs, including attorneys’ fees, for

damages to property and injury or death to persons, including payments made under any

Worker’s Compensation Law or under any plan for employees’ disability and death benefits,

which may arise out of or be caused by the erection, maintenance, repair, replacement,

presence, use or removal of Licensee’s facilities or by their proximity to the facilities of all

parties attached to utility poles or anchors, or by any act or omission of Licensee’s employees,

agents or contractors.

3. Licensee shall indemnify, protect and save harmless the Licensor from any and

all damages, cost and expenses imposed on the Licensor as a result of the presence of the

Attachment on the pole and/or acts by the Licensee, its employees, or its agents or contractors,

including but not limited to damages, costs and expense of relocating utility poles or anchors

resulting from loss of right-of-way or property owner consents and/or the costs and expense of

defending these rights.

4. Licensee shall indemnify, protect and save harmless the Licensor from any and

all claims, demands and costs, including attorneys’ fees, which arise directly or indirectly from

the operation of Licensee’s facilities, including taxes, special charges by others, claims and

demands for damages or loss for infringement of copyright, for libel and slander, for

unauthorized use of television broadcast programs, and for unauthorized use of other program

material, and from and against all claims, demands and costs, including attorneys’ fees, for

infringement of patents with respect to the manufacture, use and operation of Licensee’s

facilities in combination with utility poles, anchors or otherwise.

5. Should the Licensor remove Licensee’s facilities from a utility pole and/or

anchors under Article VII, the Licensor will deliver to the Licensee the facilities so removed

upon payment by Licensee of the cost of removal, storage and delivery, and all other amounts

due the Licensor. The Licensor shall have a lien on Licensee’s facilities attached to utility poles

and/or anchors or removed therefrom, with power of public or private sale, to cover any

v08312022

amounts due the Licensor. Such liens shall not operate to prevent the Licensor from pursuing, at

its option, any other remedy in law, equity or otherwise.

ARTICLE VII

TERMINATIONS OF AUTHORIZATIONS

1. In addition to rights of termination provided to the Licensor under other

provisions of this Agreement, the Licensor shall have the right to terminate utility pole/or

anchor attachment authorizations and rights granted under provisions of this Agreement where:

a. the Licensee’s facilities are maintained or used in violation of any law

or in aid of any unlawful act or undertaking. or

b. the Licensee ceases to have authority to construct and operate its

facilities on public or private property at the location of the particular pole or anchor covered by

the authorization; or

c. the Licensee fails to comply with any of the terms and conditions of

this Agreement or defaults in any of its obligations thereunder; or

d. the Licensee attaches to a utility pole and/or anchor without having first

been issued authorization therefore; or

e. the Licensee, subject to the provisions specified in Article III (5.),

should cease to provide its services.

f. the Licensees’ facilities are used by others not a party to this

Agreement

g. the Licensee sublets or apportions part of the Licensed pole

attachment to an entity not a party to this Agreement.

2. The Licensor will promptly notify the Licensee in writing of any instances cited

in Article VII (1.) preceding. The Licensee shall take corrective action as necessary to eliminate

the non-compliance and shall confirm in writing to the Licensor within thirty (30) days

following such written notice that the non-compliance has ceased or been corrected. If Licensee

fails to discontinue such non-compliance or to correct same and fails to give the require

d written confirmation to the Licensor within the time stated above, the Licensor may terminate

the attachment authorizations granted hereunder for utility poles and/or anchors as to which

such non-compliance shall have occurred.

3. Pole and anchor attachment authorizations and rights as granted under

provisions of this Agreement may be immediately terminated by the Licensor if:

a. The Licensee’s insurance carrier shall at any time notify the Licensor

that the policy or policies of insurance as required in Article V will be or have been cancelled or

amended so that those requirements will no longer be satisfied.

b. The Licensee shall fail to pay any sum due or to deposit any sum

required under this Agreement, or shall fail to maintain satisfactory security as required in

Article V (2).

c. Any authorization which may be required by any governmental or

private authority for the construction, operation and maintenance of the Licensee’s facilities on

a utility pole or anchor is denied, revoked or cancelled.

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4. Licensee may at any time remove its facilities from a pole or anchor after first

giving the Licensor written notice of Licensee’s intention to so remove its facilities.

5. In the event of termination of any of the Licensee’s authorizations hereunder,

the Licensee will remove its facilities from the poles and anchors within thirty (30) days of the

effective date of the termination; provided, however, that Licensee shall be liable for and pay all

fees and charges pursuant to provisions of this Agreement to the Licensor until Licensee’s

facilities are actually removed from the utility poles and anchors. If the Licensee fails to remove

its facilities within the specified period, the Licensor shall have the right to remove such

facilities at the Licensee’s expense and without any liability on the part of the Licensor for

damage or injury to such facilities or interruption of Licensee’s services.

6. When Licensee’s facilities are removed from a utility pole or anchor, no

attachment to the same utility pole or anchor shall be made until the Licensee has first complied

with all of the provisions of this Agreement as though no such pole or anchor attachment had

been previously made and all outstanding charges due to the Licensor for such pole or anchor

attachment have been paid in full.

7. Prior to terminating or revoking any license under this Agreement or the

Agreement itself for whatever cause or purpose, a petition may be brought, by either party, to

the Public Utilities Regulatory Authority requesting the authority to decide the dispute. A

Public Utilities Regulatory Authority determination shall be binding on all parties to this

Agreement. However, the right of the Licensor or Licensee for judicial review of the Authority's

determination remains.

ARTICLE VIII

RATES AND CHARGES

The Licensee is responsible for payment of all rates, charges and costs as

specified elsewhere in this Agreement and as set forth below. Licensee shall be responsible for

payment of all charges for preconstruction survey and make-ready work, in advance for work

performed or expenses incurred by the Licensor regardless of whether Licensee subsequently

withdraws its application for attachment authorizations for the poles and anchors on which such

work was performed.

Licensee agrees that, in the event Licensee fails to pay an amount due and

owing within the period of time set forth for payment in this Agreement, interest shall accrue on

the unpaid balance thereof at the rate of 1 1/2% per month for each month from the expiration of

such period until payment is received by Licensor.

1. Attachment Rates

The attachment rates shall be as specified in Exhibit E.

2. Charges for Make-Ready Work (UNIT COSTS)

Make-ready charges shall be billed, payable up to thirty (30) days prior to the

commencement of work on individual poles, according to the current Schedule of Unit Costs .

When Licensor employs an outside contractor rather than its own work forces to perform make-

ready, Licensee shall pay an amount equal to the contractor’s fees plus a premium equal to no

more than 10% of those fees. Licensor shall make available copies of all written contracts,

agreements, understandings and work orders pertinent to make-ready work performed by such

contractors.

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3. Charges for Inspections

a. The cost of the post-construction inspection shall be billed in advance

with the charges for make-ready work.

b. The cost of Periodic Inspection will be billed to the Licensee upon

completion of the inspection by the Licensor.

c. Licensee shall pay the cost of subsequent inspections to insure

correction of variances from required construction and maintenance practices, determined to

exist through post-construction or periodic inspections.

4. Payment of Rates and Charges

Unless otherwise provided elsewhere in this Agreement, Licensee shall pay all

rates and charges, as specified in the Agreement and/or in a schedule currently filed with the

Division of Public Utility Control, within thirty (30) days from the dates of billing thereof.

ARTICLE IX

EQUAL EMPLOYMENT OPPORTUNITIES

Licensee affirms that the Equal Employment Opportunity provisions required by law,

regulation or executive order to be incorporated in this Agreement as set forth in a Compliance

Undertaking prepared by Licensor have been read and signed by Licensee, and that the said

Compliance Undertaking has been delivered to Licensor. Such Compliance Undertaking shall

continue in effect until specifically withdrawn in writing by Licensee (Exhibit F).

ARTICLE X

LICENSE NOT EXCLUSIVE

Nothing herein contained shall be construed as a grant of any exclusive license, right or

privilege to Licensee. Licensor shall have the right to grant, renew and extend rights and

privileges to others not parties to this Agreement, by contract or otherwise, to use any poles

and/or anchors covered by this Agreement.

ARTICLE XI

WAIVER OF TERMS AND CONDITIONS

Failure to enforce or insist upon compliance with any of the terms or conditions of this

Agreement or failure to give notice or declare this Agreement or the licenses granted hereunder

terminated shall not constitute a waiver or relinquishment of any such term, condition or act but

the same shall be and remain at all times in full force and effect.

ARTICLE XII

TERM OF AGREEMENT

If not terminated in accordance with its terms, this Agreement shall continue in effect

for a term of one (1) year from the date hereof and thereafter until three (3) months after written

notice of termination is given by either party. Such notice of termination may be given to take

effect at the end of the original one (1) year period or at any time thereafter.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in

duplicate on the day and year first above written.

Verizon New York Inc.

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APPLICATION AND POLE LICENSE

EXHIBIT A

N.Y., 20

Verizon New York Inc.

_, New York

In accordance with the terms and conditions of the Pole Attachment Agreement between

us, date as of 20 , application is hereby made for a

license to make attachments to the following poles which are indicated to be Verizon New York

Inc. Ownership, Joint Ownership or unmarked.

Pole No. &

Ownership

Location

Attachment

Municipality

(Name of Licensee)

Title

License

Number

is hereby granted, for attachment to such of the above poles as

have not been stricken from the above list, _, 20

Verizon New York Inc.

Title

Date

1. Applications shall be submitted in duplicate.

2. Indicate T for Verizon New York Inc. Ownership

Jt for Joint Ownership

U for unmarked

E for Electric Company Ownership

3. A complete description of all facilities shall be given, including quantities, sizes and

types of all cables and equipment.

4. This license is issued under the terms and conditions of the Pole Attachment

Agreement.

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EXHIBIT B

NOTIFICATION OF REMOVAL OF POLE AND/OR ANCHOR ATTACHMENT BY LICENSEE

Verizon New York Inc.

, N.Y., 20

, New York

In accordance with the terms and conditions of the Pole Attachment Agreement

between us, dated as of , 20 , kindly cancel from

your records the following poles and/or anchors covered by the licenses indicated from

which our attachments were removed on , 20

Pole

License

Number

Location

Number

Municipality

(Name of Licensee)

Title

RECEIPT of the above Notice is hereby acknowledged, 20

Verizon New York Inc.

Title

Date

(Submit in duplicate)

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APPLICATION AND ANCHOR LICENSE

EXHIBIT C

, N.Y., 20

Verizon New York Inc.

, New York

In accordance with the terms and conditions of the Pole Attachment Agreement

between us, dated as of , 20 , application is

hereby made for a license to make attachments to the following anchors for which

Verizon New York Inc. or the Power Company is Licensor.

Pole No. &

Make Ready&

Licensor

Anchor

Location

Attachment

Municipality By Whom

(Name of Licensee)

Title

License Number is hereby granted, for attachment to such of

the above poles as have not been stricken from the above list, , 20

Verizon New York Inc.

Title

1. Applications shall be submitted in duplicate.

2. Indicate T – Verizon New York Inc. is Licensor

L - Power Company is Licensor

3. Indicate N, E, S, or W, for North, East, South or West and inside, middle or

outside anchor as appropriate.

4. A complete description of all facilities shall be given, including quantity, size

and type of guy strand.

5. A complete description of all “Make Ready Work,” if necessary.

6. This license is issued under the terms and conditions of the Pole Attachment

Agreement.

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EXHIBIT D

PROCEDURE FOR DETERMINING WHEN EXISTING VERIZON NEW YORK

ANCHORS HAVE CAPACITY TO ACCOMMODATE AUTHORIZED LICENSEE

ATTACHMENTS

1 - Determine the maximum capacity of the guy rod. Newer guy rods are

marked with their capacity; if the rod is unmarked, the capacity is listed in the

following table. The Guy Rod and Strand Gauge should be used in determining

the Anchor Rod diameter.

UNMARKED

ROD DIAMETER CUMULATIVE STRAND

(INCHES) SIZE CAPACITY

1/2

2.2M

5/8

6 or 6.6 M

3/4

16M

1 26M

1 1/4* 32M

* Swamp Anchor w/1 1/4” Rod - 6M Capacity.

rod.

2 - Determine the combined capacity of the guy strands attached to the anchor

Example:

Table A Section 4**. (6M Plus 10M = 16M)

3 - The difference between the anchor rod capacity and the combined capacity,

of the guy strands attached, is the capacity available for the licensees’ guy strand

attachment.

Example:

1” Anchor Rod - 26M Capacity

10M (TEL) plus 11M (EL) = 21M, The Spare Capacity is 5M

4 - Determine the licensees’ guy strand requirements, Part 7, Section 6**. Add

capacity of licensees’ guy strand to cumulative capacity presently attached to the anchor

rod.

5 - Only when the known capacity of the anchor is equal to or greater than the

total guy strand requirements, shall a license be issued to the Licensee allowing the

attachment.

** Bell Operating Companies Manual of Construction Procedures (Blue Book)

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Example:-

1” - Anchor Rod - 26M Capacity

Total of Guy strands - 10M (TEL) plus 11M (EL) plus 4.7M CATV=25.7M

6 - If it is determined that an anchor does not have sufficient unused capacity to

allow the attachment of the Licensee, a License shall not be issued. The Licensee will

then have the following options:

(a)

The licensee can obtain right-of-way and place its own

anchor and guy.

(b)

For sidewalk anchors only, the Licensee can request that the Licensor of

the pole replace the existing anchor with an anchor having larger

capacity at the Licensee’s expense.

(c)

The Licensee can request at Licensee’s expense that the Licensor and

Joint User reevaluate the existing guy capacity versus’ the required guy

strength for the stress on the pole, to determine if the existing guys are

oversized. Licensee’s permission to attach would then be based on the

actual requirements of the existing guys.

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SCHEDULE OF RATES FOR

VERIZON NEW YORK INC.

STANDARD POLE ATTACHMENT

EXHIBIT E

1. RATE

Pole Attachment Annual Rate - $5.00

per attachment per pole per year. Attachment to anchors

that are authorized is included in the above fee.

Pole Attachment Rate for an optional one-time payment-

The formula for determining the one-time payment is:

P = F X P/W

where

P is the one-time payment

F is the current Annual Attachment Fee

P/W is the present worth of an annuity,

compounded annually to 30 years, at the interest

rate currently paid by the Licensor on

deposit of its subscribers.

2. COMPUTATION

For the purpose of computing the total attachment fees due hereunder, the total fee shall

be based upon the number of attachments licensed whether or not attachments are actually made

on the fifteenth (15) day of June and the fifteenth (15) day of December of each year. The first

payment of the annual charge for licenses granted under this Agreement shall be prorated from

the month of issuance of the license to the first regular payment date at the rate of seventy-five

(.75) cents a month per pole attachment.

3. PAYMENT DATE

Attachment fees shall be due and payable semi-annually, in advance, on the 31st day of

January for the first half of the calendar year and on the 31st day of July for the last half

of the calendar year. Failure to pay such fees within thirty (30) days after presentment

of the bill therefor or on the specified payment date, whichever is later, shall constitute

default under this Agreement.

4. TERMINATION OF LICENSE

a) Annual Rate

Upon termination of a license granted hereunder, the applicable attachment fee shall be

pro-rated at the rate of forty-two (.42) cents a pole attachment per month remaining in

the period for which rental has been paid.

b) One Time Payment

Open termination of a license granted hereunder, the applicable attachment fee shall be

retained by the Licensor except that, if within the first 30 years of issuance of a license

under the one-time payment option, Licensor revokes such license under circumstances

where Licensee’s facilities thereunder cannot be relocated pursuant to Article VII of the

Pole Attachment Agreement, Licensor shall refund to the Licensee a pro-rated portion

of the one-time payment charge calculated for such 30 year period. The attachment fee

is not transferable to another pole.

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EXHIBIT F

E.E.O. COMPLIANCE UNDERTAKING

I. EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS

In accordance with Executive Order No. 11246, dated September 24, 1965, as amended

by Executive Order No. 11375, date October 13, 1967, and U.S. Code of Federal Regulations,

Title 41-Public Contracts and Property Management, Chapter 60-Office of Federal Contract

Compliance, Equal Employment Opportunity, Department of Labor, Part 60-1-Obligations of

Contractors and Subcontractors, the parties include in this contract the following understanding

and agreement:

A. FOR CONTRACTS EXCEEDING $10,000

EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (41 CFR 60-1.4)

During the performance of this contract

(hereafter referred to as Contractor) agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for

employment because of race, color, religion, sex, or national origin. The contractor will take

affirmative action to ensure that applicants are employed, and that employees are treated during

employment without regard to their race, color, religion, sex, or national origin. Such action

shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of

compensation; and selection for training including apprenticeship. The contractor agrees to post

in conspicuous places, available to employees and applicants for employment, notices to be

provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(2) The contractor will in all solicitations or advertisements for employees placed

by or on behalf of the contractor, state that all qualified applicants will receive consideration for

employment without regard to race, color, religion, sex or national origin.

(3) The contractor will send to each labor union or representative of workers with

which he has a collective bargaining agreement or other contract or understanding, a notice, to

be provided by the agency contracting officer, advising the labor union or workers’

representative of the contractor’s commitments under Section 202 of Executive Order No.

11246 of September 24, 1965, and shall post copies of the notice in conspicuous places

available to employees and applicants for employment.

(4) The contractor will comply with all provisions of Executive Order No. 11246

of September 24, 1965, and of the present rules, regulations, and relevant orders of the

Secretary of Labor.

(5) The contractor will furnish all information and reports required by Executive

Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the

Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and

accounts by the contracting agency and the Secretary of Labor for purposes of investigation to

ascertain compliance with such rules, regulations, and orders.

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(6) In the event of the contractor’s noncompliance with the

nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this

contract may be cancelled , terminated, or suspended in whole or in part and the contractor may

be declared ineligible for further Government contracts in accordance with procedures

authorized in Executive Order No.11246 of September 24, 1965, and such other sanctions may

be imposed and remedies invoked as provided in the Executive Order No. 11246 of September

24, 1965, or by rule, regulation, or order of the Secretary of Labor , or as otherwise provided by

law.

(7) The contractor will include the provisions of the paragraphs (1) through

(7) in every subcontract or purchase order unless exempted by such rules, regulations, or orders

of the Secretary of Labor issued pursuant to Section 204, of Executive Order No.11246 of

September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.

The contractor will take such action with respect to any subcontract or purchase order as the

contracting agency may direct as a means of enforcing such provisions, including sanctions for

noncompliance; provided, however, that in the event the contractor becomes involved in, or is

threatened with, litigation with a subcontractor, or vendor as the result of such direction by the

contracting agency, the contractor may request the Unites States to enter into such litigation to

protect the interests of the United States.

B. CERTIFICATION OF NONSEGREGATED FACILITIES (41 CFR 60-1.8)

The contractor certifies to Verizon New York Inc. that it does not and will not maintain

or provide for its employees any segregated facilities at any of its establishments, and that it

does not and will not permit its employees to perform their services at any location, under its

control, where segregated facilities are maintained. It understands and agrees that a breach of

this certification may be violation of Equal Opportunity clause required by Executive Order

11246 of September 24, 1965.

As used in this certification, the term “segregated facilities” means any waiting rooms,

work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker

rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or

entertainment areas, transportation and housing facilities provided for employees which are in

fact segregated on the basis of race, color, religion, sex or national origin, because of habit,

local custom or otherwise.

It further agrees that (except where it has obtained similar certification from proposed

subcontractors for specific time periods) it will obtain identical certifications from proposed

subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from

the provisions of the Equal Opportunity clause; that it will retain such certification in its files;

and that it will forward the following notice to such proposed subcontractors (except where the

proposed subcontractors have submitted similar certification for specific time periods):

“NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATIONS OF NONSEGREGATED FACILITIES. A certification of nonsegregated

Facilities, as required by the May 9, 1967, order on Elimination of Segregated Facilities, by the

Secretary of Labor (32 Fed. Reg. 7439, May 19, 1967), must by submitted prior to the award of

a subcontract exceeding $10,000 which is not except from the provisions of the Equal

Opportunity clause. The certification may be submitted either for each subcontract or for all

subcontracts during a period (i.e., quarterly, semi-annually, or annually).”

NOTE: “Whoever knowingly and willfully makes any false, fictitious or fraudulent

representation may be liable to criminal prosecution under 18 U.S.C. 1001.”

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C. FOR CONTRACTS EXCEEDING $50,000 WITH CONTRACTOR WITH 50 OR MORE

EMPLOYEES (41 CFR 60-1.40) AFFIRMATIVE ACTION PROGRAM CERTIFICATION

The contractor, (or subcontractor) certifies to the Verizon New York Inc. that it has

developed or will develop a written affirmative action compliance program in accordance with

the requirements set forth in Title 41-Public Contracts and Property Management, Chapter 60-

Office of Federal Contract Compliance, Equal Employment Opportunity, Department of Labor,

Part 60-1-Obligations of Contractors and Subcontractors, Section 60-1.40, Code of Federal

Regulations, effective July 1, 1968, as amended.

D. CONTRACTOR’S INFORMATION REPORT CERTIFICATION (41 CFR 60-1.7)

The contractor, (or subcontractor) certifies to Verizon New York Inc. that E.E.O. -1,

Standard Form 100 promulgated jointly by the Office of Federal Contract Compliance, the

Equal Employment Opportunity Commission and Plants for Progress, has been or will be filed

in accordance with the requirements set forth in Title 41-Public Contracts and Property

Management, Chapter 60-Office of Federal Contract Compliance, Equal Employment

Opportunity, Department of Labor, Part 60-1--Obligations of Contractors and Subcontractors,

Section 60-1.7 Code of Federal Regulations, effective July 1, 1968, as amended.

II. MINORITY BUSINESS ENTERPRISES (41 CFR 1-1. 1310-2)

In accordance with Executive Order No. 11625, dated October 13, 1971, and U.S. Code

of Federal Regulations, Title 41-Public Contracts and Property Management, Chapter 1-Federal

Procurement Regulations, Part 1-1.13--Minority Business Enterprises, as such may be amended

from time to time, the parties include in this contract the following understanding and

agreement:

FOR CONTRACTS EXCEEDING $5,000---

UTILIZATION OF MINORITY BUSINESS ENTERPRISES

(a) It is the policy of the Government that minority business enterprises shall

have the maximum practicable opportunity to participate in the performance of Government

contracts.

(b) The Contractor agrees to use his best efforts to carry out this policy in the award of

his subcontracts to the fullest extent consistent with the efficient performance of this contract.

As used in this contract, the term “minority business enterprise” means a business, at least 50

percent of which is owned by minority group members or, in case of publicly owned businesses,

at least 51 percent of the stock of which is owned by minority group members. For the purpose

of this definition, minority group members are Negroes, Spanish-speaking American persons,

American-Orientals, American-Indians, American-Eskimos, and American Aleuts. Contractors

may rely on written representations by subcontractors regarding their status as minority business

enterprises in lieu of an independent investigation.

FOR CONTRACTS EXCEEDING $500,000--

MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM

(a) The Contractor agrees to establish and conduct a program which will enable

minority business enterprises (as defined in the clause entitle Utilization of Minority Business

Enterprises”), to be considered fairly as subcontractor and suppliers under this contract. In this

connection, the Contractor shall--(1) Designate a liaison officer who will administer the

Contractor’s minority business enterprises program. (2) Provide adequate and timely

consideration of the potentialities of known minority business enterprises in all “make-or-buy”

decisions. (3) Assure that known minority business enterprises will have an equitable

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opportunity to compete for subcontracts, particularly by arranging solicitations, time for the

preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the

participation of minority business enterprises. (4) Maintain records showing (i) procedures

which have been adopted to comply with the policies set forth in this clause, including the

establishment of a source list of minority business enterprises, (ii) awards to minority business

enterprises on the source list, and (iii) specific efforts to identify and award contracts to

minority business enterprises. (5) Include the Utilization of Minority Business Enterprises

clause in subcontracts which offer substantial minority business enterprises subcontracting

opportunities. (6) Cooperate with the Contracting Officer in any studies and surveys of the

Contractor’s minority business enterprises procedures and practices that the Contracting Officer

may from time to time conduct. (7) Submit periodic reports of subcontracting to known

minority business enterprises with respect to the records referred to in subparagraph (4), above,

in such form and manner and at such time (not more often than quarterly) as the Contracting

Officer may prescribe.

(b) The Contractor further agrees to insert, in any subcontract hereunder which may

exceed $500,000, provisions which shall conform substantially to the language of this clause,

including this paragraph (b), and to notify the Contracting Officer of the names of such

subcontractors.

II. LISTING OF EMPLOYMENT OPENINGS FOR VETERANS (41 CFR 50-250.2)

In accordance with Executive Order No. 11701, dated January 24, 1973, and U.S. Code

of Federal Regulations Title 41-Public Contracts and Property Management, Chapter 50, Part

50-250-Veteran’s Employment Emphasis Under Federal Contracts, as such may be amended

from time to time, the parties include in this contract the following understanding and

agreement.

FOR CONTRACTS $2,500 OR MORE --

The contract clauses relating to listing employment openings that may be suitable for

qualified disabled veterans and veterans of the Vietnam era, with the local office of the State

employment service, contained in 41 CFR 50-250.2 are adopted and incorporated herein by this

reference.

FOR CONTRACTS $10,000 OR MORE --

The provisions of PL 93-508, 38 U.S.C. 42 Sections 2012 and 2014 requiring

affirmative action in the hiring and advancement of qualified disabled veterans and veterans of

the Vietnam era are adopted and incorporated herein by this reference.

IV. EMPLOYMENT OF THE HANDICAPPED CLAUSE (10 CFR 741.3)

In accordance with Executive Order No. 11758, dated January 17, 1974, and U.S. Code

of Federal Regulations, Title 20-Employees’ Benefits, Chapter VI--Employment Standards

Administrations, Department of Labor, Subchapter C--Rehabilitation Act of 1973 (Public Law

93-112, Section 503), Part 741--Affirmative Action Obligations of Contractors and

Subcontractors, as such may be amended from time to time, the parties include in this contract

the following understanding and agreement:

FOR CONTRACTS EXCEEDING $2,500--

(a) The Contractor will not discriminate against any employee or applicant for

employment because of physical or mental handicap in regard to any position for which the

employee or applicant for employment is qualified. The contractor agrees to take affirmative

action to employ, advance in employment and otherwise treat qualified handicapped individuals

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without discrimination based upon their physical or mental handicap in all employment

practices such as the following: employment, upgrading, demotion or transfer, recruitment or

recruitment advertising; layoff or termination, rates of pay or other forms of compensation and

selection for training, including apprenticeship.

(b) The Contractor agrees that, if a handicapped individual files a complaint with

the Contractor that he is not complying with the requirements of the Act, he will (1) investigate

the complaint and take appropriate action consistent with the requirements of 20 CFR 741.29

and (2) maintain on file for three years, the record regarding the complaint and action taken.

the Department of Labor that he has not complied with the requirements of the Act, (1) he will

cooperate with the Department in its investigation of the complaint, and (2) he will provide all

pertinent information regarding his employment practices with respect to the handicapped.

(d) The Contractor agrees to comply with the rules and regulations of the Secretary

of Labor in 20 CFR Ch VI, Part 741.

(e) In the event of the Contractor’s non-compliance with the requirements of this

clause, the contract may be terminated or suspended in whole or in part.

(f) This clause shall apply to all subcontracts over $2,500.

FOR CONTRACTS UNDER $500,000---

Paragraphs (a) through (f) above and the following:

(g) The Contractor agrees (1) to establish an affirmative action program, including

appropriate procedures consistent with the guidelines and the rules of the Secretary of Labor,

which will provide the affirmative action regarding the employment and advancement of the

handicapped required by PL 93-112, (2) to publish the program in his employee’s or personnel

handbook or otherwise distribute a copy to all personnel, (3) to review his program on or before

March 31 of each year and to make such change as may be appropriate, and (4) to designate one

of his principal officials to be responsible for the establishment and operation of the program.

(h) The Contractor agrees to permit the examination by appropriate contracting

agency officials or the Assistant Secretary for Employment Standards or his designee, of

pertinent books, documents, papers and records concerning his employment and advancement

of the handicapped.

(i) The Contractor agrees to post in conspicuous places, available to employees and

applicants for employment, notices in a form to be prescribed by the Assistant Secretary for

Employment Standards, provided by the contracting officer stating contractor’s obligation under

the law to take affirmative action to employ and advance in employment qualified handicapped

employees and applicants for employment and the rights and remedies available.

(j) The Contractor will notify each labor union or representative of workers with

which he has a collective bargaining agreement or other contract understanding, that the

contractor is bound by the terms of Section 503 of the Rehabilitation Act, and is committed to

take affirmative action to employ and advance in employment physically and mentally

handicapped individuals.

FOR CONTRACTS OVER $500,000---

Paragraphs (a) through (j) above and the following:

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(k) The Contractor agrees to submit a copy of his affirmative action program to the

Assistant Secretary for Employment Standards within 90 days after the award to him of a

contract or subcontract.

(l) The Contractor agrees to submit a summary report to the Assistant Secretary for

Employment Standards, by March 31 or each year during performance of the Contract and by

March 31 of the year following completion of the contract, in the form prescribed by the

Assistant Secretary covering employment and complaint experience, accommodations made and

all steps taken to effectuate and carry out the commitments set forth in the affirmative action

program.

NOTE: Paragraphs (g) through (l) are only applicable for contracts and subcontracts

which provide for performance of the work in 90 days or more and contracts of a continuing

nature.

AGREED AND ACCEPTED

(Date)

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EXHIBIT G

FRANCHISED MUNICIPALITIES

DATE of REVISION

NAME of LICENSEE AGREEMENT DATED

MUNICIPALITY DATE OF FRANCHISE

( )

(T) TOWN

(v) VILLAGE