Miller, South Dakota
Rules and Regulations / OPERATIONS AND PROCEDURES
Policy Bulletin (PB) Series: 300
Bulletin No. : 18
PB 318
INSTALLATION OF ANTENNAE ON MID-DAKOTA FACILITIES
PURPOSE
This policy establishes the terms and conditions upon which the Corporation will allow the placement of antennae on Corporation facilities.
TERMS OF POLICY
A.Public Service Entities. It is the policy of the Corporation to allow public and private entities that serve the public interest to use Corporation facilities for antenna placement, provided that those entities pay any costs incurred by the Corporation in connection with such placement. “Entities that serve the public interest” include, but are not limited to, federal, state, county, tribal or municipal governments; hospitals; law-enforcement agencies and ambulance services. Costs that the Corporation may incur in connection with the placement of an antenna or antennas on Corporation facilities include, but are not limited to, electrical power, liability insurance, engineering fees and costs of inspection.
B.Not for Profit Corporations or Cooperatives. It is the policy of the Corporation to allow non-profit entities such as non-profit corporations, cooperatives and unincorporated associations to use Corporation facilities for antenna placement, provided that those entities pay any costs incurred by the Corporation in connection with such placement and an annual rental charge. “Non-profit entities” includes, but is not limited to, rural electric associations, rural telephone associations and farmer’s cooperatives. Costs that the Corporation may incur are set out in paragraph A above. The annual rental charge will be determined by the Board of Directors in its sole and exclusive discretion.
C.For Profit Entities. The Board of Directors will have sole and exclusive authority to allow “for-profit” entities or individuals to use the Corporation facilities for antenna placement. This authority includes, but is not necessarily limited to, approval or denial of requests for placement, annual rental charges and any and all contractual terms. For-profit entities will generally be defined as any entity or individual not meeting the criteria set forth in items A and B above.
D.Agreement for Placement. No antennas may be placed upon the Corporation facilities until and unless a written agreement is executed by the Corporation and the owner or operator of the antenna. This agreement must include the following:
1.The description of the Corporation facility upon which the antenna is to be placed.
2.The term of the agreement.
3.The annual rental payment, if any.
4.A release and indemnity agreement in favor of the Corporation.
5.A requirement that the antenna owner or operator obtain all necessary governmental or regulatory licenses or approvals, and that proof of such licenses or approvals be provided to the Corporation prior to installation. Nothing in this requirement shall act to cause the Corporation to be responsible for the failure to obtain any such licenses or approvals.
6.The antenna owner or operator will be responsible for any taxes associated with placement of the antenna, including contractors excise tax and real property taxes.
7.The owner or operator of the antenna will at its own expense remove the antenna and appurtenances as requested by the Corporation to facilitate maintenance of the Corporation’s facilities.
8. The Corporation may review and accept or reject any proposed plans or specifications for installation. Nothing in this requirement shall cause the Corporation, its agents, employees or engineers to be responsible for any injury or damage resulting from improper design or installation of any antenna or appurtenances.
E. Additional Terms. In addition to the terms set out above in paragraph D, the Corporation may also require the following:
- That the antenna owner or operatorconstruct separate structures to house antenna-related appurtenances, such as repeaters.
- That the antenna owner or operator make such repairs or upgrades as the Corporation deems necessary to protect the Corporation’s facilities.
F.Right to reject applications. The Corporation in its sole and exclusive discretion may reject any and all applications to place antennas on Corporation facilities.
CROSS REFERENCE(S)
Date Initially Adopted: / 04/11/2000 / Amended / Revised: / 08/12/2008ADOPTED:
By: ______
Chairperson of the Board
(Corporate Seal)ATTEST:
By: ______
Title: ______