Right of way, utility pole attachment, conduit, dark fiber and franchise agreement documents
Some of the original source documents are available.
California right of way and utility pole attachment documents
- California Public Utilities Code, chapter 3: telegraph or telephone corporations
- California Public Utilities Commission decision 98–10–58, establishes right of way and pole attachment rules, 22 October 1998.
- CPUC Google pole access decision, 7 May 2015.
- CPUC decision approving a certificate of public convenience and necessity for Bright Fiber Network, despite no plans to offer traditional telephone service.
- CPUC decision 16–01–046, grants right of way access to licensed (CMRS) mobile carriers, 28 January 2016.
- CPUC decision 18–04–007, allows CLECs to attach wireless facilities to utility poles, 26 April 2018.
- California Court of Appeal, First District ruling, T-Mobile versus the City and County of San Francisco, regarding regulation of wireless facility aesthetics, 15 September 2016.
- California Supreme Court, case summary, T-Mobile versus the City and County of San Francisco (pending).
Conduit and duct leasing
Cities and other agencies commonly lease spare conduit and duct capacity to telecommunications companies, as a way of improving local broadband facilities and to generate revenue. Sometimes those agreements result from a request for proposal process and sometimes from direct negotiations. Some sample lease contracts, RFPs and other documents are below. Tellus Venture Associates assists communities in developing these agreements.
Webpass arbitration proceeding against AT&T at the California Public Utilities Commission
- Webpass request for arbitration of a conduit access dispute with AT&T, 26 May 2016
- Specific access to structures terms of Webpass’ agreement with AT&T, standard form as of 18 May 2012, submitted by Webpass
- General terms of Webpass’ conduit access agreement with AT&T, standard form as of 14 June 2012, submitted by AT&T
- Maps and drawings submitted by Webpass, with AT&T’s response, included in Webpass’ request for arbitration filed 26 May 2016
- Photo of splice case in AT&T manhole included in Webpass’ request for arbitration filed 26 May 2016
- AT&T’s motion to dismiss Webpass’ request for arbitration, 3 June 2016
- Webpass’ full filing, 26 May 2016 (11 MB)
Tellus Venture Associates projects
Lit San Leandro, a project to build a city-wide middle mile fiber network, was made possible by this lease negotiated by Tellus Venture Associates, on behalf of the City.
The Baller Herbst Law Group is a leading advocate for community broadband. It publishes an up-to-date legal primer on pole attacment issues. The Baller Herbst web site has many other valuable resources for community broadband projects.
Fiber optic conduit lease agreement with XO Communications, July 2011
RFP for lease of excess capacity in city-owned conduit space, May 2011
RFP for underground communications conduit lease, April 2011
City-owned conduit lease agreement with CenturyLink, March 2011
Conduit lease agreement with Great Lakes Comnet, Inc., May 2010
Conduit lease agreement as-builts (exhibit A), May 2010
Duct lease on Delaware Memorial Bridge, with Fiber Technologies Networks LLC, 2009
Agreement between City of Boulder and the Boulder Valley School District for a swap of conduit space for fiber optic strands, 2009
Joint facilities agreement for electric facilities, including poles and conduit, with Broadweave Networks, June 2008
Report on revenues generated through the rental of conduit duct space, January 2002
Follow up review on revenues generated through the rental of conduit duct space, July 2004
ILEC/CLEC Rates and Agreements
California right of way and pole attachment agreements, filed 24 October 2012 with the CPUC.
California pole attachment information, filed 8 March 2007 with the CPUC.
2011 ruling on a conduit dispute between Bell South and a railroad company
Interconnection agreement with Sonic, filed with the California PUC, 2010. Includes pole attachment and conduit specifications.
Rate card for various services provided to CLECs, including conduit access, in Connecticut
Standard CLEC agreement, New York
Standard CLEC agreement, Pennsylvania
Interconnection agreement with Fibertech in New York, 2003
Regional agreement with Access Fiber, 2008
Boilerplate agreement for rights of way, conduit and pole attachments.
Interconnnection agreement with Sprint in Illinois, 2002
Standard CLEC agreement, Arkansas, 1999