md7 comments on cpuc decision on pole attachments

New CPUC Order on Pole Attachments

Wireless West ConferenceAnaheim, California

April 21, 2016

Charlotte F. TerKeurst Program Manager

Electric Safety and Reliability BranchSafety and Enforcement Division

California Public Utilities Commission

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Decision (D.) 16-01-046 Issued in Rulemaking 14-05-001

In 1998, D.98-10-058 provided competitive local exchange carriers and cable television providers with nondiscriminatory access to public utility infrastructure.

D.16-01-046 now provides commercial mobile radio service (CMRS) carriers with nondiscriminatory access.

Amends most right-of-way rules in D.98-10-058 to apply to CMRS.

But adopts CMRS-specific pole-attachment fees (not addressed in this presentation).

Amends General Order (GO) 95 to ensure that CMRS pole installations are safe.

Provides that certain other issues may be considered later.

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Typical CMRSAttachments(source: AT&T)

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GO 95 Safety Amendments(page 1 of 3)

Prohibit antennainstallations thatobstruct pole climbing space or interfere with fall-protection gear.

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Require pole-overturning calculations for new pole-top antenna attachments.

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Generally prohibit antennas on guard arms.

Require signs regarding radio-frequency radiation of antennas.

Apply existing de-energizing protocols to antennas.

Only qualified workers may work on wireless facilities installed above supply lines.

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Pending Issues(page 1 of 2)

D.16-01-046 directs that SED shall: Evaluate whether the definition of “material increase” in

existing Rule 44.2 should be revised.Rule 44.2: Any entity planning the addition of facilities that materially increases loads on a structure shall perform a loading calculation…

Note: … a material increase in load is an addition which increases the load on a structure by more than five percent per installation, or ten percent over a 12-month span, of the electric utility’s or Communication Infrastructure Provider’s current load.

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Pending Issues(page 2 of 2)

SED shall: Develop a proposed rule regarding interference with fall-

protection gear, to apply to all pole attachments.

Develop a proposed rule regarding pole overturning calculations, to apply to all pole-top (and perhaps other) installations.

SED may: Resubmit its proposed Rule 94.3-D regarding safety factor

calculations, and address whether it should apply to all pole attachments, or just CMRS.

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Upcoming CPUC en banc on Pole Safety

April 28, 20169:30 am – 5 pm Ronald Reagan State Building—Auditorium300 S. Spring StLos Angeles, CA 90013

Agenda and media advisory available at: http://www.cpuc.ca.gov/General.aspx?id=10150


Daniel J. Shaughnessy

April 21, 2016

Fees, Additional Rules & the Interaction with Municipal Design Requirements

$2.50 or 7.4% of a utility’s cost-of-ownership for the host pole

for each vertical foot of pole space occupied by CMRS installations• Annual Fee• Rounded to the nearest whole foot• Applies to the pole space that a CMRS attachment

renders unusable for non-CMRS attachments• Does not apply to electric meters, risers, and

conduit associated with CMRS installations.• Applies once to each foot of pole height. • Parties can agree to different terms

Pole Space Subject to the 7.4% Fee • Pole space that a

CMRS attachment renders unusable for non-CMRS attachments

• the space that is physically occupied by the CMRS attachment

• plus space that cannot be used by communication or supply conductors due to the installation of the CMRS attachment

Pole Space Subject to the 7.4% Fee

• safety clearance between power lines and antenna is 6 feet

• Safety clearance between an antenna and communication conductor is 2 feet

• safety clearance between power lines and a communication conductor is 4 feet

• possible to install a communication conductor 4 feet above lines

• pole space that is rendered unusable for communication conductors due to the CMRS antenna is 1 foot

• safety clearance between power lines and antenna is 6 feet

• safety clearance between an antenna and communication conductor is 2 feet

• safety clearance between power lines and a communication conductor is 6 feet

• no pole space that is rendered unusable for communication conductors due to the CMRS antenna

2’

4’

Shared Pole Space• Attached to Pole in

Same Plane• The 7.4% fee

applies once per each vertical foot of pole length, regardless of the number of CMRS attachments that share the same pole space

• If attachments in the same pole space are owned by different entities, the 7.4% per-foot fee is allocated equally to each attachment

Each Carrier: (6’ x 7.4%) ÷ 2

Pole-Attachment Fees in Excess of 100% • Pole-attachment fee for all components of a CMRS installation cannot

exceed 100% of the host pole’s cost-of-ownership

• less the proportion of the pole’s cost-of-ownership that is allocable to the pole space occupied by other attachments

• 10 feet out of 18 feet of total occupied pole space • Proportion of the pole’s total cost-of-ownership that is allocable to the

CMRS installation is 10/18, or 55.6%.

Conduits, Risers, and Electric Meters • Fee does not apply to conduits, risers, and electric utility meters that are

attached to a pole as part of a CMRS installation.

Additional Rules• Requests for information regarding the

availability of a utility’s infrastructure.• Requests to access a utility’s infrastructure,

including the contents of the requests• Protections for proprietary information• Reservations of infrastructure capacity for

future use• Access to customer premises and notification

procedures• Expedited dispute resolution procedure

Municipal Design Requirements and Potential ConflictsNumerous CA municipalities regulate the design of wireless facilities on private-owned utility poles

• Location of Antennas• Location of Ancillary Equipment• Mounting• Concealment/Stealthing• Multiple Antennas (vertical vs. horizontal)• Co-location Requirements• Utility pole height requirements


QUESTIONS?Daniel J. Shaughnessy

Land Use – Md7

10590 W. Ocean Air Drive, Ste 300

San Diego, CA 92130

858.799.0342

[email protected]

Fees, Additional Rules & the Interaction with Municipal Design Requirements

md7 comments on cpuc decision on pole attachments

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