New CPUC Order on Pole Attachments Wireless West Conference Anaheim, California April 21, 2016 Charlotte F. TerKeurst Program Manager Electric Safety and Reliability Branch Safety and Enforcement Division California Public Utilities Commission

Decision (D.) Issued in Rulemaking In 1998, D provided competitive local exchange carriers and cable television providers with nondiscriminatory access to public utility infrastructure. D now provides commercial mobile radio service (CMRS) carriers with nondiscriminatory access.  Amends most right-of-way rules in D 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. 22

Typical CMRS Attachments (source: AT&T) 3

GO 95 Safety Amendments (page 1 of 3)  Prohibit antenna installations that obstruct pole climbing space or interfere with fall-protection gear. 44

GO 95 Safety Amendments (page 2 of 3)  Require pole- overturning calculations for new pole-top antenna attachments. 55

GO 95 Safety Amendments (page 3 of 3)  Generally prohibit antennas on guard arms.  Clarify requirements for signs regarding radio-frequency radiation of antennas.  Clarify protocols for de-energizing antennas.  Only qualified workers may work on wireless facilities installed above supply lines. 66

Pending Issues (page 1 of 2) D 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. 77

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. 88

Upcoming CPUC en banc on Pole Safety April 28, :30 am – 5 pm Ronald Reagan State Building—Auditorium 300 S. Spring St Los Angeles, CA Agenda and media advisory available at:

New CPUC Order on Pole Attachments 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 Conflicts Numerous 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

New CPUC Order on Pole Attachments QUESTIONS? Daniel J. Shaughnessy Land Use – Md W. Ocean Air Drive, Ste 300 San Diego, CA Fees, Additional Rules & the Interaction with Municipal Design Requirements