(A) Purpose and scope. The town finds that it would be in its best interest to regulate the use of its electric power poles by entities providing cable television, telephone, broadband internet or similar services within the town. The purpose of this section is to provide for the safe and orderly attachment of cables, wires, fiber-optics and associated apparatus to the power poles owned by the town.
(B) Short title. This section shall be known and may be cited as “The Pole Attachment Ordinance of the Town of Dallas, North Carolina”.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRANTEE. Any entity, including without limitation, the natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s) or organization(s) of any kind which lawfully provides cable TV, telephone, internet, or similar services in the town or its immediate vicinity, and including all successors, transferees and assignees of such entities.
GRANTOR. The town as represented by the Board of Aldermen acting within the scope of its jurisdiction and authority.
TOWN. The Town of Dallas, North Carolina, a poltical subdivision of the State of North Carolina.
(D) Permit required.
(1) The town recognizes that certain cables, wires, fiber-optics and apparatus have been attached to its poles without the issuance of a permit prior to the enactment and effective date of this section, either pursuant to a CATV franchise agreement, a “joint-use agreement”, or pursuant to the provision of CATV, telephone or internet service in the area. No application shall be required of lawful providers of such existing attachments, but the attachments shall nevertheless be required to adhere to the standards of this section. All entities thereafter who intend or propose to attach to the town’s power poles shall apply in writing to the Electric Utility Director for a permit. The town shall charge $250 for such permit.
(2) (a) From and after the effective date of this section, the town, as grantor owning certain poles within its service area, shall permit the attachment of cables, wires, fiber-optics and apparatus to such poles upon the submission and approval of a permit application by the grantee. The town shall not unreasonably withhold such approval. In general, however, approval will not be granted for the attachment to any pole of more than one strand in any one direction, exclusive of service drop cables originating on the pole or nearest main line pole of the town.
(b) All permittees shall pay the same rate per pole, per annum, as set forth in the town’s adopted annual fee schedule.
(3) It shall be unlawful to attach or connect any cable, wire, fiber-optic, support cable, power supply, communication or signal device, camera, antenna, and the like to grantor’s poles without a permit issued by the Director of the Electric Utility. Failure to obtain a permit shall cause the town to immediately remove the attachment(s) and/or device(s) from unpermitted poles at the violator’s exclusive expense.
(E) Maintenance of attachments in safe condition. The grantee shall, at its own expense, make and maintain all of its attachments and facilities in safe condition and in thorough repair, and in a manner acceptable to the town and so that the attachments and facilities will not conflict with or alter existing equipment or use of the poles by the town, or by other utility providers using or having the right to use the poles, or interfere with the working use of facilities thereon, or which may from time to time be placed thereon. The grantee shall, at any time, at its own expense, upon notice from the town, relocate, replace or renew its facilities placed on the poles and transfer them to substitute poles, or perform any other work in connection with the facilities that may be required by the town, provided, however that in cases of emergency, the town may arrange to relocate, replace or renew the facilities placed on the poles by the grantee, transfer them to substituted poles or perform any other work in connection with said facilities that may be required in the maintenance, replacement, removal or relocation of the poles, the facilities thereon, or which may be placed thereon, or for the service needs of the town, and the grantee shall, on demand, reimburse the town the complete expenses thereby incurred.
(F) Construction and technical standards.
(1) The grantee’s cables, wires, fiber-optics or apparatus, in each and every location, shall be erected and maintained in accordance with the requirements and specifications of the National Electrical Safety Code, and any revisions or amendments of the Code and safety requirements of the town, and in compliance with any rules or orders now in effect or that may hereafter be issued by the State Regulatory Authority, or other authority having jurisdiction. The grantee shall not install any facilities on the town’s poles which will make the poles unsafe, overburdened, or unsightly in appearance. The town has the right to refuse attachment by the grantee of its facilities if, in the opinion of the town, the attachment will render the poles unsafe, overburdened or unsightly in appearance. The town shall designate the location of the grantee’s attachments to the poles of town in accordance with the requirements and specifications of the National Electrical Safety Code and the town’s outstanding obligation to others as to the use of the poles.
(2) In the event that any pole or poles of the town to which the grantee desires to make attachments are inadequate to support the additional facilities in accordance with the aforesaid specifications, the grantee will notify the town of any deficiency. If the grantee still desires to make the attachments, it shall authorize the town to make the necessary changes and shall reimburse the town, on demand, for all costs incurred by the town in making such changes, including cost of preliminary engineering and other expenses involved. If the grantee does not elect to have changes made, the grantee will then reimburse the town the cost of any and all preliminary engineering and other expenses incurred by the town. Where the grantee’s desired attachments can be accommodated on present poles by rearranging the town’s facilities thereon, the grantee shall compensate the town for the complete expenses incurred in completing such rearrangements. The grantee will also, on demand, reimburse the owner or owners of other facilities attached to said poles for any expenses incurred by it, or them, in transferring or rearranging the facilities. Any guying of poles required to accommodate the attachments of the grantee shall be provided by and at the expense of the grantee and to the satisfaction of the town. If existing attachments of other owners are in violation of the National Electric Safety Code or the safety requirements of the town, the grantee shall not be billed for any costs except those costs in excess of the costs to correct the existing violations.
(G) Town not liable for service interruptions. The town reserves to itself, its successors and assigns, and to the owner or owners of other facilities attached to its poles, the right to maintain, replace, and enlarge its facilities and to operate the same from time to time in such a manner as will best enable it, in its sole judgment, to meet the needs of its customers and fulfill its own service requirements. The town shall not be liable to the grantee or to the grantee’s customers for any interruption to service of the grantee or for interference with the operation of the cables, wires, fiber-optics and/or apparatus of the grantee arising in any manner out of the use of the town’s poles hereunder, or arising in any manner out of the condition or character of the town’s facilities or the manner of the operation thereof.
(H) Right to inspect. The town, because of the importance of its electric service, reserves the right to inspect each new installation of the grantee on its poles and in the vicinity of its lines or apparatus, and to make periodic inspections, annually or as conditions may warrant, of the entirety of the grantee’s system within the town’s jurisdiction. The inspections made or not, shall not operate to relieve the grantee of any responsibility, obligation or liability imposed by law or any other ordinance or agreement.
(I) Pole attachment fees. The grantee shall immediately notify the town of any new attachments made to the town poles. The grantee shall pay to the town, for attachments made to poles, a pole attachment fee as set forth in the Town of Dallas Fee Schedule. The rental fee shall be payable annually in advance on January 1 of each year, and shall be based upon the number of poles on which attachments are being maintained on December 1. The town may periodically inventory the town’s poles for compliance with the above and shall assess a per pole penalty of $50 for each of the grantee’s attachments found unaccounted for and out of compliance with this section.
(J) Grantee responsible for damage. The grantee shall exercise special precautions to avoid damage to facilities of the town and of others supported on the poles, and hereby assumes all responsibility for any and all loss for such damage. The grantee shall make an immediate report to the town of the occurrence of any damage and hereby agrees to reimburse the town for the expense incurred in making appropriate repairs.
(K) Hold harmless provision. The grantee shall indemnify, defend and hold harmless the town from and against any and all claims, actions, demands, judgments, loss or expense resulting from or arising out of damages to property; injury or death to persons; interference with the service rendered by the grantee over its facilities and system; interference with radio, television, or broadband reception or quality and speed of service; payments made under any workers compensation law or under any plan for employee disability and death benefits; the proximity of the grantee’s facilities to the wires and other facilities of the town; any act of the grantee, its agents or employees on or in the vicinity of the town’s poles; or any claims made upon the town for additional compensation for use of its distribution rights-of-way for an additional use.
(L) Necessary precautions. The grantee agrees to take any necessary precautions prescribed by the town, including but not limited to the installation of protective equipment, to protect all persons and property against injury or damage that may result from the grantee’s attachments to the town’s poles. If in the town’s opinion, the grantee has not taken such necessary precautions, the town shall have the right to terminate the permission herein granted upon 30 days written notice to the grantee. However, the town shall not be considered in any way responsible for the adequacy or inadequacy of such precautions of the grantee. The town shall have the right to remove immediately and without notice any attachment which could place the town’s facilities or system, or the public at large, in danger.
(M) Removal of attachments.
(1) The grantee may at any time remove its attachments from any pole or poles of the town but shall immediately give written notice of the removal to the town. No refund of any rental fee(s) will be owed or due grantee as a result of such removal.
(2) Upon 60 days advance written notice from the town to the grantee that a specific pole or poles is to be taken out of service for both town and the grantee use, the further use of such pole or poles shall immediately terminate, and cables, wires, fiber-optics and apparatus of the grantee shall be removed at once from the so-designated pole or poles.
(N) Remedies and penalties.
(1) If the grantee shall fail to comply with any of the provisions of this section, including the specifications hereinbefore referred to, or default in any of its obligations, and shall fail within 60 days after written notice from the town to correct such default or noncompliance, the town may, at its own option, forthwith revoke the permit covering the poles as to which such default or noncompliance shall have occurred. In case of such revocation, no refund shall be owed or due the grantee.
(2) Invoices for expenses and other charges due under this section, except those advance payments specifically provided for herein, shall be payable by the grantee to the town within 30 days following receipt.
(3) Failure to enforce or insist upon compliance with any of the terms or conditions of this section shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect.
(O) Rights of grantees.
(1) Nothing herein contained shall be construed as affecting the rights or privileges granted by the town, by contract or otherwise, to others, to use any poles covered by this section and the town shall have the right to continue and extend such rights and privileges. The attachment privileges herein granted shall at all times be subject to such contracts and arrangements.
(2) The grantee shall not assign, transfer or sublet the privileges hereby granted without the prior written consent of the town.
(3) No use, however extended, of the town’s poles shall create or vest in the grantee any ownership or property rights in said poles, but the grantee’s rights therein shall be and remain a mere license. Nothing herein contained shall be construed to compel the town to maintain any of the poles for a period longer than demanded by its own service requirements.
(P) Rights of town to abandon poles. The town reserves to itself and its successors and assigns the right to abandon a pole or poles to which the grantee’s facilities are attached. The grantee shall be given a 60-day notice for each proposed abandonment, and if the grantee does not remove its facilities, the town may institute a fine of $100 per day for each day such facility remains attached following expiration of the 60 days. The grantee may choose to declare its facilities worthless, and they may then be caused by the town to be removed from the pole or poles, and be disposed of at any suitable place at the exclusive cost of the grantee. The town shall be free from liability to the grantee or its customers for actions in compliance with this section.
(Q) Notice. Wherever in this section notice is provided to be given by either party to the other, unless otherwise specified, such notice shall be in writing and given by letter deposited in the U.S. mail, or by personal delivery to the town at its offices at 210 N. Holland St., Dallas, North Carolina.
(Ord. passed 11-13-2012)