Verizon NY Section 2 Network Services Issue C, December, 2001

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1 Verizon NY Section 2 Evaluating Requests 2.01 While inquiries for information will be accepted in any form, requests for licensing agreements regarding Pole Attachments, Conduit Occupancy and/or (private property) Rights of Way must be in written form and sent to the appropriate Verizon-New York Market Area Reimbursable Construction Engineer (RCE). The RCE, upon receipt of the written request for a licensing agreement will: ) Determine proposed occupation(s) (pole, conduit, rights of way). 2) Determine if a signed master agreement with the requesting company is on file. If Yes, refer to the occupation type procedure sections of this practice, as follows: 3.01 Poles 3.02 Conduits 3.03 Rights of Way (private property) If No, Go to 2.02 section of this practice. Routing/Execution of Master Agreements Process Flow 1) Send 2 copies of the Agreement to the applicant. 2) Receive and check for signatures on both copies. 3) Verify receipt of all relevant documents as follows: a. A certified copy of the applicant s Certificate of Incorporation. If the applicant is a foreign corporation, a certified copy of the corporation s authorization to do business in the State of New York should also be included. These documents must be original certifications on the part of the Secretary of State. b. A copy of each Certificate of Public Convenience, franchise or permit received by the applicant. c. Any other government permit or license required. d. An application fee of $500 must be paid to defray Verizon-New York s costs prior to executing an agreement. 4) Send to Manager/Director/Vice President Outside Plant Engineering for signature. 5) One original to Staff Manager, FCC & Regulatory Support, one original returned to applicant. 6) One copy remains in field. 1

2 Verizon NY Section 3 Procedures 3.01 Pole Attachment 1) Upon receiving a request to attach equipment and/or facilities to any pole or anchor owned or controlled by Verizon-New York, the RCE must insure that a Pole Attachment Agreement (See Att #1), has been executed (See Section 3.04 for process). The RCE must make certain that two (2) copies of the Application And Pole License (See Exhibit A of Pole Attachment Agreement), are signed and returned accompanied by any advance payment. 2) Requests for pole and/or anchor attachments must be in written form and sent to the appropriate RCE. Locations of proposed attachments must be precise. Locating information should identify municipalities, pole numbers and locations referencing street names (including nearest cross streets or intersections), as identified on the application. 3) The RCE must insure that the requesting party is aware of the process flow (See Att #4) and potential charges. All applications must be date and time stamped when received. Same location and day requests are resolved based on which application was received first. 4) RCE must perform the following: Record search to determine pole ownership (e.g., PRS). Coordinate with applicant to perform pre-construction survey to determine any makeready requirements. 5) RCE must provide written response of findings and any make-ready charges to applicant within at least 45 days of the request to proceed. Potential options: 1. Pole and/or anchor attachment require no make-ready. Verizon-New York will issue an attachment license. (Go to Step 9.) 2. Pole and/or anchor attachment require make-ready involving rearrangement of Licensor s facilities. (Go To Step 7.) 3. Pole and/or anchor attachment require make-ready involving replacement of pole and/or rearrangement of Licensor s facilities. 4. Verizon-New York will not issue a license and clearly cite in writing why request has been denied. 6) If pole replacement and/or rearrangement of Licensor s facilities is required, RCE sends written notification to all entities describing the proposed modification. Entities will have 60 days to determine whether they wish to make additions and must submit written notification of their requirements. If any additional requirements are received, applicant will be notified and provided with the revised make-ready charges. If no other entities are involved, (Go to Step 7). 2

3 Verizon NY Section 3 Procedures 3.01 Pole Attachment 7) Make-ready work will be engineered within 30 days of receipt of payment from applicant. 8) Upon completion of engineering, Verizon-New York will schedule and complete make-ready within 60 days for pole rearrangements and 90 days for pole replacements. This commitment applies solely to make-ready work to be performed by Verizon-New York and not to makeready work to be performed by Joint Owners, Joint Users or other Licensees. 9) License will be issued to applicant upon completion of make-ready. 3

4 Verizon NY Section 3 Procedures 3.02 Conduit Occupancy 1) Upon receiving a request to occupy conduit, the RCE must insure that a Conduit Occupancy Agreement (See Att #2), has been executed (See Section 2.02 for process). The RCE must make certain that two (2) copies of the Application And License For Conduit System (See Exhibit A of Conduit Occupancy Agreement), are signed and returned. 2) Requests for occupancy must be in written form and sent to the appropriate RCE. Locations of proposed occupancy must be precise (Examples of required information are the locations of the from and to manholes, cable and equipment to be placed in system). Clearly defined space measurements of the proposed equipment are also required. These are the minimum requirements. Any additional information will speed the response time. 3) The RCE must insure that the requesting party is aware of the process flow (See Att #5) and potential charges. All applications must be date and time stamped when received. Same location and day requests are resolved based on which application was received first. 4) The RCE, with input from Engineering, estimates Assessment Cost. Assessment Cost- Estimated number of hours (distinguish between plant and engineering function), multiplied by applicable fully loaded labor rate(s) to investigate feasibility of granting an occupancy license. The cost estimate must include OSP construction and engineering time in assessing feasibility [i.e., records searches, pre-construction, time spent preparing estimate, etc...]. These charges are required up front before proceeding. 5) Within 10 business days of the request, the RCE sends applicant estimated bill to conduct the assessment process. The letter must include following comments: Only unused portion of estimate is potentially reimbursable to applicant. Additional time required to complete task will be billed, accordingly. Potential make-ready cost determinations must also be explained. Written permission to proceed with attached check equal to the estimated cost must be received to commence assessment process, which will take up to 35 days. 6) If permission to proceed is given and check is received, the RCE must: Assess whether Verizon-New York has the ability to grant occupancy. This includes: Records search. Interface with OSP Engineer to have pre-construction survey performed to determine: Space limitations that could preclude access ( First Come First Serve ). Estimated make- ready preparation costs. Specifically identified safety and reliability issues. 7) RCE must provide written response of findings to applicant within 35 days of the request to proceed. Potential options: 1. Conduit Occupancy requires no make-ready. Verizon-New York will issue a license. 2. Conduit Occupancy requires make-ready consisting of rodding, roping and placing of inner duct. 4

5 Verizon NY Section 3 Procedures 3.02 Conduit Occupancy 3. Conduit Occupancy requires rearrangement or removal of Licensor s facilities in addition to above make-ready. 4. Conduit Occupancy requires the construction of conduit in addition to above make-ready. 5. Conduit Occupancy denied. Verizon-New York will not issue a license and clearly cite in writing why access has been denied. 8) If conduit construction or the rearrangement or removal of Licensor s facilities is required, the RCE must identify if other entities share the conduit: If Yes, entities will have 60 days to determine whether they wish to make additions and must submit written notification of their requirements. If any additional requirements are received, applicant will be notified and provided with the revised make-ready charges. If No, Go To Step 9. 9) Make-ready will be engineered within 30 days of receipt of payment from applicant. 10) Upon completion of engineering, Verizon-New York will schedule and complete make-ready within 90 days. This commitment applies solely to make-ready work to be performed by Verizon-New York and not to make-ready work to be performed by other Licensees. 11) License will be issued to applicant upon completion of make-ready. 5

6 Verizon NY Section 3 Procedures 3.03 Rights of Way (private property) 1) Upon receiving an access request to share private property owned or controlled by the New York Telephone Company, the RCE must insure that a Master Right Of Way Licensing And Apportionment Agreement (See Att #3), is signed between the Verizon-New York and the requesting party (See Section 2.02 for process). 2) Requests for access must be in written form and sent to the appropriate RCE. Locations of proposed access must be precise [Examples of required location information are property address (include town), Block & Lot no. s, Book & Page of recorded document (if available) and/or a copy of recorded document, a survey (if available)...etc.] Type of facilities to be placed with clearly defined space measurements is also required. These are the minimum requirements. Any additional information will speed the response time. 3) Once a signed master agreement is achieved and an official application form is received, the RCE must insure that the requesting party is aware of the process flow (See Att #6),and potential charges. All applications must be date and time stamped when received. Same location and day requests are resolved based on which application was received first. 4) RCE sends the request to the ROW Manager to estimate Assessment Cost (charges to be determined by the ROW Manager with RCE & Engineering input). Assessment Costs - Estimated number of hours (distinguish between plant and engineering function), multiplied by applicable fully loaded labor rate(s) to investigate feasibility of granting an access agreement. The estimate must be itemized and include all ROW Manager and OSP Engineering time and costs in assessing feasibility [i.e., records searches, (pre-construction) site survey, time spent preparing estimate, etc...]. These charges are required up front before proceeding. Estimate is returned to RCE within 5 business days. 5) Within 10 business days of the request, the RCE sends applicant itemized (estimated) bill to conduct the assessment process. The letter must include following comments: Only unused portion of estimate is potentially reimbursable to applicant. Additional time required to complete task will be billed accordingly. Potential licensing fee and make-ready cost determinations must also be explained. Written permission to proceed with attached check equal to the estimated Assessment Cost must be received to commence assessment process, which will take up to 35 days. 6) If permission to proceed is given and check is received, the RCE issues CWO number and notifies ROW Manager: To formally begin assessment process clearly identifying assessment report due date (within at least 3 weeks of the date permission to proceed was given). Of the CWO number. (All work, time & costs, on this request must be direct to this CWO.) 7) ROW Manager must: Assess whether Verizon-New York has the legal authority to grant access (assignment feasibility). This includes: Records search [internal and external (county clerks office)]. 6

7 Verizon NY Section 3 Procedures 3.03 Rights of Way (private property) First cost determination and licensing fee calculation, if applicable (See Agreement for definition and process). Document evaluation analysis, may require Staff and/or Legal consultation. Interface immediately with OSP Engineer to assess technical feasibility: Space limitations that could preclude access ( First Come First Serve ). Determine and calculate any estimated make-ready preparation costs. Specifically identified safety and reliability issues. Prepare written report outlining findings to RCE at least within three weeks of receiving permission to proceed with the investigation. 8) RCE must provide written response of findings to applicant within 35 days of the request to proceed, if applicable: Potential assignment and technical feasibility options are: 1. Access assignment achievable and technically feasible with no make-ready. Verizon-New York will issue an access license, once applicable license fee paid. (Go to Step 12.) 2. Access assignment achievable and technically feasible with make-ready. (Go To Step 9.) 3. Access assignment not achievable or questionable, or not technically feasible. Verizon-New York will state in its letter that License is denied and/or: Directs requesting party to gain access permission from the property owner. Clearly cites why access is not technically feasible. 9) RCE must determine if other entities share the ROW: If Yes, the RCE sends a written notification to all such entities describing the proposed modification. Entities will have 60 days to determine whether they wish to make additions and must submit written notification of their requirements. If No, Go To Step 10 10) Make-ready work will be designed or redesigned to incorporate any additional requirements submitted by other entities in accordance with Step 9. RCE will provide Licensee with a written estimate of the make-ready costs with respect to such Private Rights of Way within 30 days of receipt of all notification of modification requirements or notification that no additional requirements are sought. 11) Verizon-New York make-ready work will commence upon payment by Licensee of the estimated site preparation costs and be completed within 90 days. This commitment applies solely to make-ready work to be performed by Verizon-New York and not to make-ready work to be performed by Joint Owners, Joint Users or other Licensees. 12) Executing a License and Apportionment Agreement. The following conditions, if applicable must be met: Payment of any licensing fee. True up and payment of additional costs to Verizon-New York, if applicable. All Verizon-New York make-ready work completed, if applicable. 7

8 Verizon NY Section 3 Procedures 3.03 Rights of Way (private property) Appropriate Verizon-New York signatures and acknowledgments. 13) Licensee will have 60 days to occupy the license area from its issuance. 8

9 Verizon NY Section 4 Network Services Issue B, February, 2001 INDEX Checklists 4.01 Pole Attachment Licensing 4.02 Conduit Occupancy Licensing 4.03 Rights of Way Licensing 4.04 Agreement Execution 1

10 Verizon NY Section 4 Network Services Issue B, February, 2001 Checklist (Pole) 4.01 Existing Pole Attachment Agreement on file. Two (2) signed copies of Application And Pole License received. Date and Time stamp when received. Applicant advised of process flow and potential charges. Advanced payment received. Start Assessment Process. (Complete within 45 days.) Record search completed. Coordinate with applicant for pre-construction survey. Pre-construction survey completed. Options: A. No make-ready required. B. Make ready required: B1a. Rearrangement Other Attachees B1b. Rearrangement No Other Attachees B2a. Pole change and rearrangement Other Attachees B2a. Pole change and rearrangement No Other Attachees C. Access denied. (Written explanation sent to applicant.) Determine make-ready costs. Results of pre-construction survey and make-ready cost sent to applicant. Written notification of rearrangement or replacement sent to other attachees. (Attachee response required within 60 days of notification.) Revised make-ready charge provided (If applicable). Make-ready payment received. Make-ready designed. (Engineered within 30 days of receipt of applicant s payment.) Make-ready scheduled. Make-ready completed. (For Pole Replacement within 90 days of engineering design.) Make-ready completed. (For Pole Rearrangement within 60 days of engineering design.) License issued. 2

11 Verizon NY Section 4 Network Services Issue B, February, 2001 Checklist (Conduit) 4.02 Existing Conduit Occupancy Agreement on file. Two (2) signed copies of Application And License For Conduit System received. Date and Time stamp when received. Applicant advised of process flow and potential charges. Cost estimate provided to applicant. Estimated bill (assessment process), sent to applicant. (Within 10 business days of request.) Written permission to proceed and applicants check for estimated cost received. Start Assessment Process. (Complete within 35 days.) CWO issued. Perform record search. Contact OSP engineer for pre-construction survey. Pre-construction survey completed. Options: A. No make-ready required; Licensee to perform any necessary make-ready. B. Make-ready-rodding, roping and placing inner duct required. B1. Make-ready-rearrangement and removal required. B2. Make-ready-build new conduit required. C. Access denied. (Written explanation sent to applicant.) Determine estimated make-ready preparation costs. Results of pre-construction survey and make-ready cost sent to applicant. Written notification of rearrangement, removals or conduit construction sent to cooccupants. (Co-occupants response required within 60 days of notification.) Revised make-ready charges provided (If applicable). Make-ready payment received. Make-ready designed. (Engineered within 30 days of receipt of applicant s payment.) Make-ready scheduled. Make-ready completed. (Within 90 days of engineering design.) License issued. 3

12 Verizon NY Section 4 Network Services Issue B, February, 2001 Checklist (Rights of Way) 4.03 Existing Master Rights-Of-Way Licensing And Apportionment Agreement on file. Two (2) signed copies of Application For Private Rights Of Way and License Apportionment received. Date and Time stamp when received. Signed Licensing And Apportionment Agreement received. Date and Time stamp when received. Applicant advised of process flow and potential charges. Request for estimated assessment costs sent to ROW Manager. Estimated bill (assessment process), sent to applicant. (Within 10 business days of request.) Itemized estimate bill sent to applicant by RCE (within 10 business days). Written permission to proceed and applicant s check for estimated cost received. Start Assessment Process. (Complete within 35 days.) CWO issued - ROW Manager notified. Contact OSP engineering for pre-survey. Pre-construction survey completed. Perform record search. (ROWM) Assess legal authority to grant access. (ROWM) Written report of findings sent to RCE (within 3 weeks of start date). (ROWM) Written response of findings sent to applicant. Pre-survey completed. Options: A. No make-ready required. B. Make-ready required, no other occupants. B1. Make-ready required, other occupants. C. Not achievable-license denied. D. Not technically feasible-license denied. (C & D above require written explanation to applicant.) Written notice of any make ready charges sent to licensee. Checklist (Rights of Way) 4

13 Verizon NY Section 4 Network Services Issue B, February, Written notification of make-ready work sent to co-occupants. Make-ready payment received. (Co-occupants response required within 60 days of notification.) Acceptance and payment of make ready costs received (within 30 days). Revised make-ready charges provided (If applicable). Design make-ready. (Engineered within 30 days of applicants payment.) Make ready scheduled. Make-ready completed. (Within 90 days of engineering design.) License issued Licensee occupies within 60 days. 5

14 Verizon NY Section 4 Network Services Issue B, February, 2001 Checklist (Agreement Execution) 4.04 POLE: Introductory Paragraph Date of Execution Application Fee Licensee name, address, state of incorporation Article I Certificate of Incorporation Locations covered by Agreement Article III (8) Evidence of Surety Addresses for Notices Article XII Insurance Certificate Signatures Exhibit F Licensee name and signature CONDUIT: Introductory Paragraph Exhibit G Date of Execution Licensee name and signature Licensee name, address, state of incorporation Article III (8) Application Fee Addresses for Notices Article XII Certificate of Incorporation Signatures Exhibit D Evidence of Surety Licensee name Date of Execution Insurance Certificate Exhibit E Licensee name Date of Execution Locations covered by Agreement 6

15 Verizon NY Section 4 Network Services Issue B, February, 2001 Checklist (Agreement Execution) 4.04 RIGHT OF WAY: Cover Page Application Fee Licensee name Introductory Paragraph Certificate of Incorporation Date of Execution Licensee name, address, state of incorporation Evidence of Surety Article III (7) Addresses for Notices Insurance Certificate Article IX Signatures BURIED: Introductory Paragraph Application Fee Date of Execution Licensee name, address, state of incorporation Article IX Certificate of Incorporation Signatures Evidence of Surety Insurance Certificate 7

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