general subscriber services tariff original sheet 1 catv ... · general subscriber services tariff...

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GENERAL SUBSCRIBER SERVICES TARIFFPsc 2

Lewisport Telephone Company Section XOriginal Sheet 1

CATV POLE ATTACHMENT AND CABLE DUCT ARRANGEMENTS

Contents Sheet #

X.1

x.2

x.3

x.4

x.5

X.6

x.7

X.8

x.9

X.lo

X.11

X.12

X.13

X.14

X.15

X.16

X.17

X.18

Application of Tariff

Definitions

Scope

Application for Notificationto Install

Attachment Specifications

Installation and Maintenance ofCATV Equipment

Cost of Pole Replacements

Rights of Way and Legal Authority

Protection Against Claims for Libel and Slander,Copyright, and Patent Infringement

Limitations

Indemnity and Insurance

Surety

Payment of Bills

Termination of Attachments

Notices

Rental Charges

2

2

4

5

6

7

11

13

13

14

15

17

19

19

20

20

Rental Rate

Penalty Charges

●

ISSUED: March 1, 1994 EFFECTIV~~$~Ma~c~J~, 1994

BY: Donald R. Brown, President



X.1


APPLICATION OF TARIFF

X.1.l This tariff contains regulations and chargesapplicable to the provision of attachment spacefor cable television facilities on poles ofLewisport Telephone Company, hereinafter referredto as the ~~Company~~,and the provision of cableduct space for such facilities in undergroundconduits of the Company.

X.1.2 The terms and conditions contained herein applywhere the CATV operator, as a customer of theCompany, proposes to install coaxial or othertypes of television distribution cables,amplifiers and drop wires, wires, and appliancestogether with associated cable messengers, anchorsand other appurtenances (hereinafter sometimescollectively called the “equipment”) and desiresto attach such equipment in cable ducts of theCompany.

x.2

X.2.1

x.2.2

X.2.3

DEFINITIONS

Poles - All references to “poles” of the Companyshall mean poles which are either solely owned bythe Company, are jointly owned by the Company andanother or are owned by another who has grantedthe Company exclusive use and control of spaceupon it’s poles.

Pole Attachment - This term means any attachmentby a CATV firm to a pole owned or controlled bythe Company.

Cable Duct Space - This term shall mean individualcable ducts within a multiple-duct conduit systemowned by the Company. PUBLIC SERVICE COMMISSION

OF KENTUCKYEFFECTIVE

ISSUED: March 1, 1994





x.2 DEFINITIONS (CONTINUED )

X.2.4 Equipment - The “equipment” referred to hereinconsist of coaxial or other types of televisioncables, amplifiers and drop wires, wires andappliances together with associated cablemessengers, anchors, and other appurtenances usedin the provision of CATV service.

X.2.5 Joint User - All references herein to “joint user”shall mean a utility company or municipalitywhich, together with the Company jointly providespoles for common use in the provision of serviceof the respective entities, and shall also includea utility company or municipality which, togetherwith the Company, owns a percentage of a pole, orwhich owns a pole upon which the Company hasobtained exclusive use and control of specifiedspace.

X.2.6 Cable Television Company or Operator (CATV) - Allreferences herein to “CATV Company and/orOperatortl shall mean a company which provides CATVservice.

X.2.7 CATV Service - All references herein to “CATVServicetl shall mean the transmission by means ofcoaxial or other types of distribution cables, oftelevision audio and video signals from a centralpoint within an exchange of the Company tosubscribers of a CATV company within suchexchange.

PUBLICSERVICECOMMISSIONoFI(ENTUcKy

EFFECTIVE

PURSUANT T0807 KAR5.011’err

ISSUED: March 1, 1994 EFFECTIVE:u

MarBY:





x.3 SCOPE

X.3.1 Subject to the terms and conditions contained inthis tariff, the Company will provide CATV poleattachment and cable duct space and permit a CATVoperator, for the purpose of furnishing CATVservice, to install it’s equipment upon or withinsuch of the Company’s poles and conduits of poleattachment or conduit space is available or can bemade available.

X.3.2 References herein to CATV equipment placed in theCompany’s cable ducts shall mean only cables andwires. No right to place amplifiers, powersupplies or other related equipment in manholes orcable ducts of the company is conferred by thistariff.

x.3.3 The CATV company shall secure from the properfranchising authority, a franchise to erect andmaintain it’s thoroughfare, provided suchfranchising authority exists and shall secure anyand all consents, permits, licenses, easements, orright-of-way that may be legally required for it’soperation hereunder. The CATV company shalladditionally provide to the Company a mapdepicting the franchised area in which poleattachments and cable duct arrangements may beapplied for by the CATV company.

x.3.4 The CATV company shall assist in, and near theexpense of securing any additional consents,permits, licenses that may be required by theCompany because of CATV pole attachments or cableduct usage.

PUBLIC SERVICE COMMISSIONOFKENTUCKY~FFEcTlvE

MAR 11994



x.3

CAT’VPOLE ATTACHMENT AND CABLE DUCT ARRANGEMENTS

SCOPE (CONTINUED)

x.3.5 The franchises, consents, permits, licenses,easements, and rights-of-way of the Company arefor it’s own facilities and the provision of it’sother services. No rights in such franchises,consents, permits, licenses, easements, or rights-of-way are conferred upon any CATV companyhereunder.

x.4 APPLICATION OF NOTIFICATION TO INSTALL

X.4.1 At forty-five (45) days prior to the time the CATVcompany desires to attach it’s equipment to any ofthe Company’s poles, or to install any suchequipment within a cable duct of the Company, theCATV operator shall make written application onthe form prescribed to the Company. The Companyshall, in turn, notify the CATV company in writingof it’s notification to allow the installation..

-.

.b

X.4.2

x.4.3

Where the application for attachment involvesjoint-use poles, the CATV operator shall soindicate in it’s application, and provide a copythereof to the joint user. Permission to attachto joint-use poles shall be subject to the Companyobtaining approval from such joint user whennecessary.

Upon notification by the Company for pole or cableduct space to be used by the CATV company, theCATV company shall have the right, subject to theSPECIFICATIONS contained herein, to install,maintain and use it’s equipment described in it’sapplication, upon the poles or in the cable ductsidentified in it’s application.

PUBLIC SERVICE COW!SSIONoFKENTUcKy

EFFECTIVE

1 I!N4ISSUED: March 1, 1994 EFFECTIVE: arch 1, 1994

BY: Donald R. Brown, President PURSUANTT0@7 KAR5:O11,!3EcTloN9(~)

‘y’+”+PUBLKSRiiCE OWI}ASN?!ih!):iAC“

GENERAL SUBSCRIBER SERVICES TnIFFPsc 2


.-


x.4 APPLICATION OF NOTIFICATION TO INSTALL (CONTINUED)

x.4.4 Where costs are involved in the rearrangement ofthe Company’s facilities to accommodate the CATVcompany’s equipment, the Company shall notify theCATV company, in writing, of the changes andrearrangements required and the cost forperforming such. Approval of the application bythe Company is subject to receiving authorizationfrom the CATV company to make changes andrearrangements detailed by the Company, at theCATV companyls sole expense.

x.4.5 The CATV company shall not have the right toplace, nor shall it place, any additionalequipment upon any pole or in any cable ductwithout first making application and receiving theCompany~s notification to do so, as provided forin this tariff; nor shall the CATV company changethe position of any equipment attached to any suchpole or installed in any cable duct without theCompany’s prior written approval. The provisionsof this paragraph shall not restrict theattachment of television drops to televisioncrossarms or television cable messenger.Unauthorized attachments or installation in cableduct shall be subject to penalty and/or special“make-ready !!charges set forth in this tariff.

x.5 ATTACHMENT SPECIFICATIONS

X.5.1 The CATV company, at its own cost and expense,shall construct, maintain and replace itsattachments on the Company’s poles in accordancewith (1) such requirements and specifications asthe Company shall prescribe and have on file withthe Commission, (2) EEI Publication M12 entit ,~1~~

w“Specifications for the ConstructMaintenance of Jointly-Used Wood P~~Lms&&y

Carrying Supply and Communication Circui@?R!~l~VE



x.5


ATTACHMENT SPECIFICATIONS

X.5.1 (Continued)

(3) the requirements and specifications of theNational Electrical Safety Code, 1981 Edition, andany amendments or revisions of said specificationsor code, and (4) in compliance with any rules ororders now in effect or that hereafter may beissued by the Public Service Commission ofKentucky or other authority having jurisdiction.The CATV company shall comply, at its sole riskand expense, with changes and revisions in theabove specifications and requirements.

X.6

X.6.1

INSTALLATION AND MAINTENANCE OF CATV EOUIPMENT

The exact location of the CATV company’sattachments on poles and installation in cableducts shall be determined by the Company in itssole discretion after a joint survey to be made,at such times as shall be mutually agreed upon, byrepresentatives of the telephone company and CATVcompany. The Company may make periodicinspections as conditions may warrant. Suchinspections shall not operate to relieve the CATVcompany of any responsibility, obligation, orliability assumed under this tariff. Whensubstandard installations are found which arecreated by the CATV operator, the Company shallgive notice of such to the CATV company, and theCATV company shall remedy such conditions within areasonable time as directed by the Company. Inthe event the CATV company fails to remedy thecondition within the time prescribed, the Companymay act to remedy it with the cost of such to paidby the CATV company.

PUBL\C SERV\CE COMM\SSIONof KEN~ucKyEFfECT\VE

ISSUED: March 1, 1994 EFFECTIVE: ~~rq 19941994BY: Donald R. Brown, President

.-



X.6


INSTALLATION AND MAINTENANCE OF CATV EOUIPMENT(CONTINUED)

X.6.2 Where reasonable cause exists, the Company, withconcurrence from the CATV company, may make theattachment or replacement of the CATV’S equipmentto Company poles. In such cases, the CATV companywill furnish all such materials and equipment, andwill reimburse the Company for the entireinstallation costs incurred. The CATV companyshall deposit with the Company, prior to suchinstallation, sufficient sums estimated by theCompany to be adequate to reimburse it for thework.

X.6.3 If the CATV company grants permission for theCompany to perform installation, rearrangement orremoval of CATV equipment in the Company’s cableducts , this shall be performed by the Company atthe sole expense of the CATV company. Such workshall be performed in accordance with theCompany~s established practices, and the CATVoperator will furnish all materials and equipmentto be installed and pay, in advance, the Company’sestimated costs of such work.

X.6.4 Where the CATV company’s equipment can beaccommodated on Company poles or in Company cableducts by rearranging or changing the Company’sfacilities, the CATV company shall pay the Companythe cost of making such rearrangements or changes.Strengthening of poles (guying) required toaccommodate the attachments of the CATV companyand the bonding of the CATV’S strand to that ofthe Company shall be performed by the Company atit’s sole risk and expense. Such work may beperformed by the Company with concurrence for theCATV company, and the CATV company shallCompany the cost of all such work.

PUBL\C SE{$~E m\SS\ON@ENwc~’fEfFECT~~E

ISSUED: March 1, 1994 EFFECTIVE: Ma~ l?lng~




X.6


INSTALLATION AND MAINTENANCE OF CATV EOUIPMENT(CONTINUED)

X.6.5 After initial attachment, when the Companysubsequently requires a change in its poles,attachments thereto or its conduit system forreasons unrelated to CATV operations, the CATVcompany shall be given at least 48 hours advancenotice of the changes required and sufficient timeto accomplish the CATV related change. If theCATV operator is unable or unwilling to meet theCompany’s time schedule for changes inattachments, the Company may do the work andcharge the CATV company its reasonable costs forperforming the change of CATV equipment. In casesof emergency, the Company may, at the CATVcompany’s sole expense, arrange to relocate orreplace the facilities attached to Company polesby the CATV operator, transfer them to substitutedpoles or perform any other work in connection withsaid facilities, that may be required in themaintenance, replacement, removal, or relocationof said poles the facilities thereon or theequipment which may be placed thereon.

x.6.6 All required maintenance of CATV equipment shallbe performed by the CATV operator. No entry shallbe made into any facility housing the cable ductswithout written notification of the Company. TheCompany reserves the right to require the presenceof it’s representative at the time of any suchentry, with the cost thereof to be reimbursed bythe CATV company. An estimate of such cost shallbe furnished at the time the Company gives itswritten notification for entry.

X.6.7 All tree trimming required on account of CATVcompany equipment shall be done by the CATVo~erator at its sole emense and in a mannersatisfactory to the Com~any. PUBLIC SERVICECOMMISSION

OFKENTucKyrcr~TIVF

ISSUED: March 1, 1994 EFFECTIVE: March 1, 1994

BY: Donald R. Brown, President MAR 11994



CATV

X.6

x.6.8

X.6.9

X.6.1O

X.6.11

POLE ATTACHMENT AND CABLE DUCT ARRANGEMENTS

INSTALLATION AND MAINTENANCE OF CATV EOUIPMENT[CONTINUED)

The CATV company shall, at its sole risk andexpense, maintain all of its equipment on Companypoles or in Company cable ducts in safe conditionand in thorough repair.

Nothing herein contained shall give to the CATVcompany the right to place a crossarm on anyCompany pole. If a crossarm is required toaccommodate the facilities of the CATV company,the CATV company shall state their reasons in itsapplication for attachment.

The CATV company shall not at any time make anyadditions to, or changes in, the location of itsattachments on poles or equipment in cable ductswithout prior written consent of the Company,except in cases of emergency when oralnotification has been obtained from the Companyand subsequently confirmed in writing.

If the CATV company should require the location ofits equipment upon any public thoroughfare orother public or private property in the conduit ofits business and the Company does not have polefacilities so located to fulfill CATV requirementsand has no immediate need for such for theCompany/s own use, the Company will notify theCATV operator whether the Company is willing toplace such pole facilities. Special rentalcharges shall be agreed to by the CATV companyprior to the Company’s placement of such polefacilities, and the rental charges specifiedherein shall not apply. The special rentalcharges shall be based upon the total use of thepole facilities by the CATV company. In the eventsuch pole facilities are subsequently used by theCompany for the provision of its other servicethe special rental charges shall no 1

P“*Nand the rental charges specified in t 1sshall apply.

4ISSUED: March 1, 1994 EFFECTIVE: Marc




X.6

—-


INSTALLATION AND MAINTENANCE OF CATV EOUIPMENT[CONTINUEDI

X.6.12 Whenever, pursuant to this tariff, the CATVcompany shall be required to remove its equipmentfrom any pole, such removal shall be made withinthirty (30) days following the notice given by theCompany to the CATV, except as otherwisespecifically provided. Upon failure of the CATVcompany to remove such equipment within thirty(30) days or as otherwise required, the Companymay remove them and charge the CATV company allcosts associated with such removal.

X.6.13 Whenever, pursuant to this tariff, CATV equipmentin cable ducts shall be required to be removed,relocated or replaced, such work shall beperformed by the Company after written notice tothe CATV company, at the CATV company’s expenseunless written notification is given to the CATVcompany to perform such work. Any CATV equipmentrequired for such work shall be supplied by theCATV operator.

X.6.14 The CATV company can interset poles where theCompany facilities are located except shall notlocate poles, guys, or other facilities where theywill interfere with access to Company poles.

x.7

X.7.1

COST OF POLE REPLACEMENTS

Whenever the CATV company applies to attach to apole that is considered by the telephone companyto be insufficient in height or strength foraccommodation of CATV attachments, the Companyshall notify the CATV operator of such fact and ofthe estimated cost to the CATV company ofreplacing such pole with a pole which willaccommodate the attachments of the CATV companyand the telephone company.

PuOL\CSERVICE COMMISS\ONof KENTucKyEfFEcT~~E

ISSUED: March 1, 1994 EFFECTIVE:


0’/’.




x.7 COST OF POLE REPLACEMENTS

X.7.1 (Continued)

Within thirty (30)CATV company shallof its approval of

days of such notification, theeither notify the Company (1)such replacement or (2) of its

X.7.2

cancellaklonsuch pole.

In the eventreplacement,and the CATV

of the application with respect to

of CATV’S approval of suchthe Company shall replace the poleoperator shall pay to the Company in

advance the charges computed as follows:

The total cost of the new pole, the removalof the old pole, the transferring of theCompany’s attachments from the old to the newpole and such other costs, if any,necessitated by CATV requirements, less thetotal of the following: accrued depreciationon the old pole, salvage, if any, and thecost of such portion of the new old pole,salvage, if any, and the cost of such portionof the new pole, if any, which representsspace reserved for the use of the Companygreater than that provided for them on theold pole and appropriate contribution by anyother company attached thereto.

PUBLICSERVtECOMM\SSIONoF KENTUCKYEFFEcTlvE

PURSUANT T0807KAR5:OII’

,,:~:.~~~R\;:;~ ~~)fisw k?w+r

mmllcsISSUED: March 1, 1994 EFFECTIVE: March 1, 1994





X.8 RIGHTS OF WAY AND LEGAL AUTHORITY

X.8.1 Upon application for attachment or use of cableducts , the CATV company shall submit evidencesatisfactory to the Company of its authority toerect and maintain its equipment within publicstreets, highways, and other thoroughfares andshall secure any necessary franchise, license,permit, consent, easement or right-of-way fromFederal, State, or municipal authorities or ownersof property now or hereafter required to constructand maintain such equipment at the location offacilities of the Company which it desires to use.In the vent any such franchise, license, permit,consent, easement, or right-of-way is revoked oris thereafter denied to the CATV company for anyreason, permission to attach to Company poles orto use Company cable ducts so affected shallimmediately terminate, the CATV company shallforthwith remove its equipment from Companyfacilities.

X.8.2 Upon notice from the telephone company to the CATVcompany that the removal or cessation of the useof any pole or cable duct has been requested ordirected by Federal, State, or municipalauthorities, or property owners, permission toattach to such pole or to use such cable ductshall immediately terminate and the CATV companyshall forthwith remove its equipment therefrom.

x.9 PROTECTION AGAINST CLAIMS FOR LIBEL AND SLANDER,COPYRIGHT AND PATENT INFRINGEMENT

X.9.1 The CATV company shall indemnify, protect, andhold harmless the Company from and against any andall claims for libel and slander, copyright,and/or patent infringement arising by reason ofattachment of CATV equipment to Company poles or

p~B%!glg@s\o~

installation of CATV equipment in Cornducts, pursuant to this tariff.

@C~\~E



.—.

GENERAL SUBSmIBER SERVICES TARIFFPsc 2


-.


X.lo LIMITATIONS

X.1o.1 No use, however extended, of the Company’s polesor cable ducts under this tariff shall create orvest in the CATV company any ownership or propertyright in said poles or ducts. Nothing hereincontained shall be construed to compel the Companyto maintain any of its facilities for a periodlonger than that demanded by its other servicerequirements.

X.1O.2 The Company reserves to itself, its successors andassigns the right to maintain its poles andconduit and to locate and operate its facilitiesin such manner as will best enable it to fulfillits other public service requirements. TheCompany shall not be liable, except for grossnegligence to the CATV company or for anyinterference with the operation of the equipmentof the CATV company.

X.1O.3 The Company reserves the right to provide poleattachment and cable duct space available to otherentities. This tariff shall not limit the rightsand privileges previously granted to other to useany poles or cable ducts covered by this tariff,and the privileges provided by this tariff shallat all times be subject to such previously grantedrights, except when pole attachment is, or can beavailable.

X.1O.4 Failure to enforce or insist upon compliance withany of the terms or conditions of this tariffshall not constitute a general waiver orrelinquishment of any such terms or conditions,but the same shall be and remain at all tieffect.






X.lo LIMITATIONS (CONTINUED)

X.1O.5 The CATV company shall not assign, transfer orsublet any rights to make pole attachments orutilize cable ducts hereunder without the priorwritten consent of the Company except the CATVcompany can dispose of CATV property in any waywithout prior consent.

X.11 INDEMNITY AND INSURANCE

X.11.l Except for case of negligence on the part of thecompany and other joint users, the CATV companyshall indemnify, protect, and hold harmless theCompany and other joint users of said poles andconduit system from and against any and all loss,costs , claims, demands, damage, and/or expensearising out of any demand, claim, suit or judgmentfor damages to property and injury to or death ofpersons, including the officers, agents, andemployees of the CATV company, the Company, andany joint user, including payment made under anyWorkman’s Compensation Law or under any plan foremployees’ disability and death benefits, whichmay arise out of or be caused by the installation,maintenance, presence, use, or removal of saidequipment or by the proximity of CATV equipment tothe Company or any joint user.

X.11.2 The CATV company shall maintain in full force andeffect the following insurance policies or bond inlieu thereof providing an equivalent protection:(1) Worker’s Compensation and Occupational Diseasecovering the CATV company’s full liability underthe Worker’s Compensation Laws of the Commonof Kentucky. This shall include Emplo &E?@th

Liability insurance in the amou~.sQs;vg?.

L

.



X.11


INDEMNITY AND INSURANCE (CONTINUED)

X.11.2 (Continued)

(2) Comprehensive General Liability insurance, inthe amounts of sl.000,000 Combined Single Limits~ $1,000,000 each occurrence, and $1,000,000aggregate for any accident resulting in bodilyinjuries to or the death of one or more personsand the consequential damages arising therefromtogether with Property Damage Liability in theamount of $500.000 each occurrence, with anaggregate total limit of $500.000.

X.11.3 All policies of insurance shall contain writtenendorsements to the effect that the amount ofcoverage of the insurance provided thereby willnot be reduced or terminated without thirty (30)days written notice first being given to theCompany. Certificates of insurance, incorporatingthe above described endorsement, shall bedelivered to a designated officer of the Companyand shall be approved by the Company before theCATV firm is permitted to perform any workauthorized pursuant to this tariff. Failure ofthe CATV company to provide notice of renewals,changes in carrier, or a reduction in ortermination of insurance coverage will be justcause for the Company to terminate the CATVcompany’s right to continue its pole attachments.If renewal premium are not paid by the CATVcompany prior to said 30-day notice, the Companyshall have the right to pay said premiums and bereimbursed by the CATV company upon demand.




X.11 INDEMNITY AND INSURANCE (CONTINUED)

X.11.4 The CATV operator shall promptly notify theCompany of all claims and potential claimsrelating to damage to property or death of personsarising or alleged to have arisen in any manner byor associated with, directly or indirectly, thepresence of use of the CATV company’s equipmentupon or within any facility of the Company.

X.11.5 The CATV company shall exercise specialprecautions to avoid damage to facilities of theCompany on said poles and hereby assumes allresponsibility for any and all loss for suchdamage. The CATV company shall make an immediatereport to the telephone company of the occurrenceof any such damage and shall reimburse the Companyfor the expense incurred in making repairsnecessitated thereby.

.-X.12 SURETY

X.12.1 The CATV company shall furnish a bond for eachindividual CATV system utilizing pole attachmentsunder this tariff to guarantee the payment of anysum which may become due to the Company forrental, penalty, and make-ready charges and workperformed by the Company, pursuant to this tariff,for the benefit of the CATV company or as a resultof default or forfeiture by the CATV company. Theamount of such bond shall be based upon thefollowing:

(1) For attachments to 500 poles or less, abond of $5,000 shall be furnished,except as provided in (4) below.

P@-\c stRN\cE coM@\oNof @@~@EcT~~~



GENERAL SUBSCRIBER 8BRVICES TARIFFPsc 2



X.12 SURETY (CONTINUED)

X.12.1 (Cent inued)

(2) For attachments to poles in excess of500, further surety in the amount of$5.000 for each additional 500 poles, orany increment thereof, shall befurnished except as provided in (3)below.

(3) After one year following the completionof construction of an individual CATVsystem and its placement into operation,the CATV operator may request that therequired amount of bond be reduced.Upon the Company’s receipt ofsatisfactory evidence that allmechanics, workmen, and material men whofurnished services, labor or materialsin the construction of such CATV system,and all taxing authorities, have beenpaid all amounts due them, the Companywill reduce the amount of bond requiredto the following:

(a) For attachments to 500 poles orless, a bond of $2,000 shall befurnished.

(b) For attachments to poles in excessof 500, further surety in theamount of $2,000 for each 500poles, or any increment thereof,shall be furnished.

W@Jc s@J\cE coM@s\oNof @m@~@c~”J~

~hR j 1994






X.13 PAYMENT OF BILLS

X.13.1 All amounts of payable by the CATV company to theCompany under the provision of this tariff shall,unless otherwise specified, be payable withinthirty (30) days after presentation of bills.Non-payment of any such amount when due shallconstitute grounds for termination of the poleattachment rights under this tariff.

X.14 TERMINATION OF ATTACHMENTS

X.14.1 If the CATV company shall fail to comply with anyof the provisions of this tariff, includingcompliance with the specifications previouslyreferred to, the maintenance of required insurancecoverage and surety bond requirements, and thetimely payment of amounts due, and shall fail forthirty (30) days after written notice from theCompany to correct such non-compliance, theCompany, at its option, may terminate the CATVcompany’s right to continue any or all use ofpoles provided under this tariff and may act toremove the CATV equipment at the CATV company’ssole expense.

X.14.2 Upon valid objection being made by or n behalf ofany governmental authority properly assertingjurisdiction, the Company may without notice, or,where circumstances permit, upon five (5) dayswritten notice to the CATV company, terminate theprovision of the pole attachment and/or cable ductspace as provided in this tariff.



—-

GENERAL sUBSCRIBER SERVICES TARIFFPsc 2



X.14

X.14.3

X.15

X.15.1

—-

X.16

X.16.1

X.16.2

TERMINATION OF ATTACHMENTS [CONTINUED)

The CATV company may at any time remove itsequipment attached to any pole or poles of theCompany and shall immediately give the Companywritten notice of such removal. The CATV companymay at any time request removal of its equipmentin the cable duct of the Company. The Companyshall perform such removal within a reasonabletime, unless specific written authorization isgiven to the CATV company to perform such work.

NOTICES

Any notice required or authorization by thistariff to be given by the Company or the CATVcompany to the other party shall be deemed to havebeen fully given when made in writing anddeposited in the United States mail, postageprepaid, and addressed to such other party’sprincipal business address last furnished by suchparty.

RENTAL CHARGES

The CATV company shall pay to the Company,annually in advance, the rental charges specifiedbelow. Annual billing shall be made in July ofeach year.

From the effective date of the permit forpreviously unbilled attachments or cable ductusage, which shall be the date when the Company’sfacilities are made available for use by the CATVcompany, to the date of the next annual billing,the annual rental rate shall be payable on aprorated basis with such fractional amo

%

,~~COMMWONsubmitted with the application for ~~ ~titcable duct usage. @Cl~~E


BY: Donald R. Brown, President---

-—



-


X.17 RENTAL RATE

Per 2-User Pole, Annually $2

Per linear foot of cable ductspace occupied

.03

.57

X.18 PENALTY CHARGES

X.18.1 Where pole attachments have been made withoutreceipt of authorization from the Company, apenalty charge of twice the amount of the annualrental rate shall apply, in lieu of the annualrental rate, from the date of the last previousphysical inventory of the pole attachments orinspection required pursuant to the rules of theKentucky Public Service Commission, whichever ismost recent. Additionally, a special ~lmake-readytlcharge, equal to twice the amounts which wouldhave been due and applicable if the attachment hadbeen properly authorized, shall apply.

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