PROCEDURE #11
AUGUST 9, 2000
TO BE USED FOR SHARING PRIVATE RIGHTS OF WAY IN NEW ENGLAND STATES
Verizon New England Inc.(formerly known as New England Telephone and Telegraph Company) Procedure for Sharing Private Rights of Way.
MASTER AGREEMENT PER STATE
While inquiries for information will be accepted in any form, site specific requests for licensing agreements regarding Access to (private property) Rights of Way must be in written form and sent to the New England Staff also referred to as the SPOC “Single Point of Contact “ organization. If the inquiry is to just sign on with a master agreement for Access to Private Rights of Way, a verbal request is sufficient. (see below for more details). The SPOC’s hotline number is 1 800 641 2299 and available Monday to Friday from 7:00 am to 5:00 pm. Staff, upon receipt of the written request for a licensing agreement in MA, NH, ME, VT, or RI will:
The information listed should be sent to:
Massachusetts ME, NH, VT, RI
Anne M. Cheney Patricia Capewell
Specialist Specialist
Verizon New England Inc. Verizon New England Inc.
125 High Street, Room 1406 125 High Street, Room 1406
Boston, Ma 02110 Boston, Ma 02110
Tel: (617)743-5714 Tel: (617)743-5724
Fax: (617)743-8785 Tel: (617)743-8785
Routing/Execution of Master Agreements Process Flow
1)A nonrefundable application fee of $425 must be paid up front to defray Verizon New England Inc.’s costs, prior to executing an agreement.
2)Once the application is received, send two (2) copies of the agreement to the applicant.
3)Receive and check for signatures on both copies.
4)Verify receipt of all relevant documents as follows:
- 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 requested New England State(s) should also be included. These documents must be original certifications on the part of the Secretary of State.
A completed Certificate of Insurance Form. The Certificate of Insurance, which becomes part of the agreement, provides protection for other users against damage. Verizon New England Inc. (formerly known as New England Telephone and Telegraph Company) and the appropriate electric company, if applicable, must be shown as additional insured with no deductibles under the description section. Any questions on insurance should be directed to our insurance coordinator on 617-743-6458.
REQUIREMENTS ARE AS FOLLOWS:
The insured name on the insurance certificate must be the facility owner's name as it will appear on the license agreement.
The description portion of the form must state that the insurance is for facility operations in the State of ______.
lIMITS OF LIABILITY
PROPERTY DAMAGE: $1,000,000.00 EACH OCCURRENCE
$1,000,000.00 AGGREGATE
BODILY INJURY: $3,000,000.00 EACH OCCURRENCE
$3,000,000.00 AGGREGATE
b. The applicant must have evidence of authorization to operate in the State and/or locality, in question. A locality’s permission to place its plant in the streets leading up to the private rights of way, in question, should also be provided, if available.
c. Any other government permits or license required.
The first paragraph of ARTICLE III of our agreement "GENERAL CONDITIONS" is as follows:
a.Licensee shall at all times observe and comply with, and the provisions of this Agreement are subject to, all Federal, State and local laws, ordinances, codes and regulations which in any manner affect the rights and obligations of the parties or the use of the Private Right-Of-Way in question. Without limiting the generality of the foregoing, Licensee shall, at its sole cost and expense, obtain from such public authorities and/or property owners any and all required licenses, permits, certifications, franchises or other permissions (including, without limitation, any required zoning permits) to construct, operate and/or maintain its facilities within each Private Right-Of-Way prior to placing Licensee’s Facilities.
5)Complete name and address of ultimate facility owner, including:
. corporate title
. legal address
. municipality of principal office
. name and address where notices should be sent
. name and address where billing notices should be sent
6)Name, address and telephone/fax number of contact person negotiating this agreement. If the person negotiating this agreement is someone other than the facility owner, a letter must be submitted to us by the owner giving that person permission to negotiate the agreement.
7)Send agreements to Field Director or Director on staff for signature.
8)Send to Legal for “approved to form”, when substantive changes are desired.
9)One fully executed original remains on staff, one fully executed original returned to applicant.
Verizon New England Inc.
Procedure for Sharing Private Rights of Way,
Obtaining a License
Prior to any license being issued, LICENSE FEE AND any survey costs required of Verizon New England Inc., including engineering and make-ready work, if applicable, must be paid by the applicant in advance of the work being performed.
License Fee as defined in Article II Section 3 of the Master Apportionment Agreement
With respect to any Private Right-Of-Way, an amount equal to: (a) Licensor’s Initial Cost, multiplied by (b) a fraction, the denominator of which is the square footage of the entire Private Right-Of-Way and the numerator of which is the square footage of the portion of the Private-Right-Of-Way to be used by Licensee; provided, however, that in the case of a Private Right-Of-Way used solely for underground conduits or cables, such fraction shall be deemed to be equal to the total number of Licensee’s underground conduits and/or cables to be placed, divided by the total number of underground conduits and/or cables which shall occupy the Private Right of Way after Licensee has completed its placements.
Note that Article VII Section 1a and lb of our license agreement "Termination of License" reads as follows:
1.Licensor shall have the right, at its option, to terminate any License and Apportionment Agreement with respect to any Private Right-Of-Way if:
a.Licensee's Facilities are maintained or used in violation of the terms, covenants and conditions of this Agreement or applicable laws, rules, regulations, codes and ordinances of any federal, state or local governmental authority having jurisdiction, or
b.Licensee attempts to sell, assign, transfer, sublet or apportion all or part of its rights or obligations hereunder to, or permits Licensee’s Facilities to be used by, an entity not a party to this Agreement, without the prior written consent of Licensor;
As a reminder, actual placement near Verizon equipment on private property can occur only when the Agreement has been fully executed by all parties, and licenses have been issued.
Questions on this procedure may be directed to the appropriate person listed above.
EXPLANATION OF LICENSE APPLICATION PROCESS
ONCE "ALL" THE INFORMATION ON ATTACHMENT "A" IS RECEIVED,
THIS PROCESS IS DETAILED IN THE MASTER AGREEMENT. LISTED BELOW IS AN OUTLINE OF THAT PROCESS.
SUBMIT A COMPLETE SET OF APPLICATION FORMS – EXHIBIT A, SCHEDULE 1 & SCHEDULE 2 (INCLUDED IN THE MASTER AGREEMENT & ATTACHED.)
EHHIBIT AAPPLICATION FOR PRIVATE RIGHT OF WAY LICENSE AND APPORTIONMENT- COMPLETE THE FORM.
SCHEDULE 1 RIGHT OF WAY DETAILS & DESCRIPTION
SCHEDULE 2 FACILITY DETAILS
COMPLETE ALL INFORMATION ON FORM. AN OUTLINE OF THE INFORMATION REQUIRED IS: LIST THE MUNICIPALITY, LOCATION, .. etc..
Rights of Way (private property) Internal Licensing process
1)Upon receiving a request to share private property owned or controlled by the Verizon New England Inc. , Staff must insure that a Master Rights Of Way Licensing And Apportionment Agreement (See ATT #2) is signed between the Verizon New England Inc. and the requesting party (See Section 2.02 for process).
2)Requests for access must be in written form and sent to the Staff organization. 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. Required facility information includes manufacturer specifications & certifications concerning emissions, transmission, etc. 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, Staff must insure that the requesting party is aware of the process flow (See ATT #1). 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)Staff must send the request to appropriate Field Reimbursable Construction Engineer (RCE) who must estimate Assessment Cost with the assistance of the Right of Way (ROW) Specialist and OSP Engineer.
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 Specialist 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. Estimates must be returned to Staff within 5 business days.
5)Within 10 business days of the request, Staff sends the applicant an 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, Staff issues and establishes a KC number and notifies RCE to:
Direct ROW Specialist & Engineer to formally begin the assessment process clearly identifying assessment report due date (within at least 3 weeks of the date permission to proceed was given).
Utilize the KC number. (All work, time and costs, on this request must be direct to this KC.)
RCE must determine if other entities/licensees share the Right of Way.
7)ROW Specialist must:
- Assess whether Verizon New England Inc. (formerly known as New England Telephone and Telegraph Company) has the legal authority to grant access (assignment feasibility). This includes:
Records search [internal and external (county clerks office)].
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.
Prepare written report outlining findings to RCE at least within 25 days of
receiving permission to proceed with the investigation.
8)OSP Engineer must:
- Assess technical feasibility of physically sharing space based on:
Space limitations that could preclude access (“First Come First Serve”).
Determine and calculate any estimated make-ready preparation costs.
Specifically identify safety and reliability issues.
Prepare written report outlining findings to RCE at least within 25 days of receiving permission to proceed with the investigation.
9)RCE must provide a written response of their findings to Staff within 30 days of the request to proceed, if applicable:
- Potential assignment and technical feasibility options are:
Option A Access assignment legally permissible and technically feasible with no make-ready.
Option B Access assignment legally permissible and technically feasible with make-ready & no other entities share Row.
Option B1 Access assignment legally permissible and technically feasible with make-ready & other entities share Row.
Option C Access assignment questionable, not legally permissible. VZ-NE will state in its letter:
Directing the requesting party to gain access permission from the property owner.
Option D Access is not technically feasible. VZ-NE will state in its letter:
Clearly citing why access is not technically feasible.
10)Staff prepares a cover letter with the RCE written report findings to the Licensee within 35 days of receiving permission to proceed with the investigation. The report should also share any unique governmental permitting requirements (i.e. zoning, wetland etc), if any. If: :
Option A (Go to Step 14)
Option B (Go to Step 13)
Option B1 (Go to Step11)
Option C Send letter, process terminates.
Option D Send letter, process terminates.
11)RCE sends a written notification to all such entities describing the proposed modification. Entities will have (based on FCC timeframes) 60 days to determine whether they wish to make additions and must submit written notification of their requirements.
12)Make-ready work will be designed or redesigned to incorporate any additional requirements submitted by other entities in accordance with Step 11. RCE will provide Licensee with a new written estimate of the make-ready costs with respect to such Private Property Rights of Way within 30 days of receipt of all notification of modification requirements or notification that no additional requirements are sought.
13)Verizon New England Inc. 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 the Verizon New England Inc. and not to make-ready work to be performed by other Licensees.
14)Staff executes 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 England Inc., if applicable.
All Verizon New England Inc. make-ready work completed, if applicable.
Appropriate Verizon New England Inc. signatures and acknowledgments.
15) Licensee will have 60 days to occupy the license area from its issuance
ATT #1 - Flow Chart – Private Property Right of Way Licensing Process
EXHIBIT A
APPLICATION FOR PRIVATE RIGHT-OF-WAY LICENSE AND APPORTIONMENT
In accordance with the terms and conditions of the Master Right-Of-Way Licensing and Apportionment Agreement between Verizon New England Inc. (formerly known as New England Telephone & Telegraph Company) and us dated as of ______, ___, application is hereby made for placements by us within the following Private Rights-Of-Way at the following location(s):
______
(Name of Licensee)
By:
Title:
Date:
1.Applications shall be submitted in duplicate.
2.Indicate precise location, including property owner, block and lot, tax map number, and recording information of existing right-of-way if known. Attach map of right-of-way.
3.A complete description of all facilities shall be given, including quantities, sizes and types of all cables, cabinets and equipment.
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PROCEDURE #11
AUGUST 9, 2000
EXHIBIT B
Nonexclusive License and Apportionment Agreement
THIS AGREEMENT, made as of this _____ day of ______, 199_, between VERIZON NEW ENGLAND INC.(formerly known as NEW ENGLAND TELEPHONE & TELEGRAPH COMPANY), a New York corporation, having an office at 185 Franklin St., Boston, MA 02110 ("Licensor") and ______, a ______having an address at ______("Licensee").
RECITALS:
A. Licensor and Licensee are parties to that certain Master Right-Of-Way Licensing and Apportionment Agreement (Massachusetts) dated as of ______(the “Master Agreement”).
B. Pursuant to the Master Agreement, Licensee has made application to share the Private Rights-Of-Way described on Schedule 1 attached hereto.
NOW, THEREFORE, the parties agree as follows:
1. Capitalized terms used herein shall have the meaning given such terms in the Master Agreement, unless otherwise indicated.
2. Subject to and upon the terms, covenants and conditions set forth herein and in the Master Agreement, Licensor hereby grants and apportions to Licensee, without covenant or warranty of any kind, a license to use, during the term of the Master Agreement, at Licensee's sole cost and expense, the Private Rights-Of-Way described in Schedule 1, for Licensee’s Facilities described on Schedule 2 attached hereto and for no other purpose.
3. The terms, covenants and conditions of the Master Agreement are hereby incorporated herein by reference.
4. This Agreement shall not be recorded.
IN WITNESS WHEREOF, Licensor has signed this Agreement as of the date first above written.
VERIZON NEW ENGLAND INC.
By:
Title:
SCHEDULE 1
Rights of Way
SCHEDULE 2
Licensee Facilities
EXTERNAL LICENSING APPLICATION PROCEDURE CHECKLIST
PLEASE COMPLETE AND RETURN THIS FORM TO THE APPROPRIATE BELL ATLANTIC CONTACT LISTED IN THIS PROCEDURE.
1.CHECK ENCLOSED: YES NO
2. COPY OF PRIVATE PROPERTY PERMISSION ENCLOSED(REFER TO PAGE 1 OF
PROCEDURE), IF APPLICABLE:
YES NO ____
3.CORPORATE TITLE (NAME IN WHICH AGREEMENT WILL BE ISSUED). PLEASE NOTE THAT INSURANCE MUST BE SUBMITTED IN THE EXACT NAME AS THE AGREEMENT
LEGAL ADDRESS:
STATE OF INCORPORATION:
MUNICIPALITY OF PRINCIPAL OFFICE:
NAME AND ADDRESS WHERE NOTICES SHOULD BE SENT:
TELEPHONE/FAX NO:______
NAME AND ADDRESS WHERE BILLING NOTICES SHOULD BE SENT:
TELEPHONE/FAX NO.______
4.SKETCH ENCLOSED, If license request: YES NO
5.SIZE, TYPE AND INTENDED USE OF FACILITY:
6.NAME, ADDRESS AND TELEPHONE/FAX NUMBER OF CONTACT PERSON NEGOTIATING THIS AGREEMENT:
IF THE PERSON NEGOTIATING THIS AGREEMENT IS SOMEONE OTHER THAN THE FACILITY OWNER, A LETTER MUST BE SUBMITTED TO US BY THE FACILITY OWNER GIVING YOU PERMISSION TO NEGOTIATE THIS AGREEMENT FOR THEM.
7.CERTIFICATE OF INSURANCE ENCLOSED:
YES: NO:
THE INSURANCE CERTIFICATE MUST BE SIGNED AND DATED BY AN AUTHORIZED
REPRESENTATIVE OF YOUR INSURANCE COMPANY.
8.CERTIFICATE OF INCORPORATION ENCLOSED,IF APPLICABLE: YES: NO:
IF "NO" IS CHECKED FOR ANY OF THE ABOVE, PLEASE EXPLAIN
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