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Exhibit R-___ (ALR-1) MPSC Case No.

U-13522 SBC Ameritech Michigan Witness: Rousell

Accredited Standards

Committee
C2-1997

National Electrical Safety Code@


Secretariat

Institute of Electrical and Electronics Engineers, Inc.


Approved 15 March 1996

Institute of'Electrical and Electronics Engineers, Inc.


Approved 6 June 1996

American National Standards Institute

1997 Edition
2nd Printing Corrected Edition 7 September 1999

Abstract: This standard covers basic provisions for safeguarding of persons from hazards arising from the installation, operation, or maintenance of I ) conductors and equipment in electric supply stations, and 2) overhead and underground electric supply and communication lines. It also includes work rules for the construction, maintenance, and operation of electric supply and communication lines and equipment. The standard is applicable to the systems and equipment operated by utilities, or similar systems and equipment, of an industrial establishment or complex under the control of qualified persons. This standard consists of the introduction, definitions. grounding rules, list of referenced and bibliographic documents, and Parts I , 2,3, and 4 of the 1997 Edition of the National Electrical Safety Code.

Keywords: communications industry safety; construction of communication lines; construction of electric supply lines; electric supply stations, electric utility stations; electrical safety; high-voltage safety; operation of communications systems; operation of electric supply systems; power station equipment; power station safety; public utility safety; safety work rules; underground communication line safety: underground electric line safety
The Institute of Electrical and Electronics Engineers, Inc. 345 E a t 47th Street, New York. NY 10017-2394. USA Copyright CQ 1996 by the Institute of Electrical and Electronics Engineers. Inc.
All rights reserved. Published 1996 Printed in the United States of America

National Electrical Safety Code! and N E s d are registered trademarks and service marks of the Institute of Electrical and Electronics Engineers, Inc. The NESC logo is a trademark the Institute of Electrical and ElectronicsEngineen. The National Electrical Code@and NEC@areregistered trademarks of the National F i e Protection Association. ISBN 1-55937-715-1
Public authorities are granted permission tu republish the material herein in laws, regukztionr. administrative orders. urdinunces, or rimilur ducuments. Nu otherparty m y reproduce in any form, in un electronic retrieval system or otherwise, any portion ofthis ducument, f the publisher. without the prior written permission o
I August 1996

SH94406

010

SECTION 1. INTRODUCTION

013B2

Exhibit R-___ (ALR-1) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell

Section 1. Introduction to the National Electrical Safety Code@


010. Purpose
The purpose of these rules is the practical safeguarding of persons during the installation, operation, or maintenance of electric supply and communication lines and associated equipment. These rules contain the basic provisions that are considered necessary for the safety of employees and the public under the specified conditions. This code is not intended as a design specification or as an instruction manual.

011. Scope
These rules cover supply and communication lines, equipment, and associated work practices employed by a public or private electric supply, communications,railway, or similar utility in the exercise of its function as a utility. They cover similar systems under the control of qualified persons, such as those associated with an industrial complex or utility interactive system. NESC@rules do not cover installations in mines, ships, railway rolling equipment, aircraft, or automotive equipment, or utilization wiring except as covered in Parts 1 and 3. For building utilization wiring requirements, see the National Electrical Code@ (NEC@), NFPA 70-1993.'

012. General Rules


A All electric supply and communication lines and equipment shall be designed, constructed, operated, and maintained to meet the requirements of these rules. B The utilities, authorized contractors, or other entities, as applicable, performing design, construction, operation, or maintenance tasks for electric supply or communication lines or equipment covered by this code shall be responsible for meeting applicable requirements. C. For all particulars not specified in these rules, construction and maintenance should be done in accordance with accepted good practice for the given local conditions known at the time by those responsible for the construction or maintenance of the communication or supply lines and equipment.

013. Application
A. New Installations and Extensions 1. These rules shall apply to all new installations and extensions, except that they may be waived or modified by the administrativeauthority. When so waived or modified, safety shall be provided in other ways. EXAMPLE: Alternative working methods, such as the use of barricades, guards, or other electrical protective equipment, may be implemented along with appropriate alternative working clearances as a means of providing safety when working near energized conductors. 2. Types of construction and methods of installation other than those specified in the rules may be used experimentally to obtain information, if done where qualified supervision is provided. B. Existing Installations 1. Where an existing installation meets, or is altered to meet, these rules, such installation is considered to be in compliance with this edition and is not required to comply with any previous edition. 2. Existing installations, including maintenance replacements, that currently comply with prior editions of the Code, need not be modified to comply with these rules except as may be required for safety reasons by the administrative authority.
'Information on references can be found in Section 3.

013B3

SECTION 1. INTRODUCTION

Exhibit R-___ (ALR-1) MPSC Case No. U-13522 SBC Ameritech Michigan 017A Witness: Rousell

3. Where conductors or equipment are added, altered, or replaced on an existing structure, the structure or the facilities on the structure need not be modified or replaced if the resulting installation will be in compliance with either (a) the rules that were in effect at the time of the original installation, or (b) the rules in effect in a subsequent edition to which the installation has been previously brought into compliance, or (c) the rules of this edition in accordance with Rule 013B1.

014. Waiver
The person responsible for an installation may modify or waive rules in the case of emergency or temporary installations. A. Emergency Installations 1. The clearances required in Section 23 may be decreased for emergency installations. See Rule 230A. 2. The strength of material and construction for emergency installations shall be not less than that required for Grade N construction. See Rule 263. 3. Emergency installations shall be removed, replaced, or relocated, as desired, as soon as practical. B. Temporary Overhead Installations When an installation is temporary, or where facilities are temporarily relocated to facilitate other work, the installation shall meet the requirements for non-temporary installation except that the strength of material and construction shall be not less than that required for Grade N construction. See Rule 263.

015. Intent
A. The word shall indicates provisions that are mandatory. B. The word should indicates provisions that are normally and generally practical for the specified conditions. However, where the word should is used, it is recognized that, in certain instances, additional local conditions not specified herein may make these provisions impractical. When this occurs, the difference in conditions shall be appropriately recognized and Rule 012 shall be met. C. The word RECOMMENDATION indicates provisions considered desirable, but that are not intended to be mandatory. D. The word NOTE or the word EXAMPLE used in a rule indicates material provided for information or illustrative purposes only. NOTES and EXAMPLES are not mandatory and are not considered to be a part of Code requirements. E. Footnotes to a,tabIe have the force and effect required or allowed by the rule that specifies the use of the table. F. A RECOMMENDATION, EXCEPTION, or NOTE applies to all text in that rule above its location that is indented to the same level.

016. Effective Date


This edition may be used at any time on or after the publication date. Additionally, this edition shall become effective no later than 180 days following its publication date for application to new installations and extensions where both design and approval were started after the expiration of that period, unless otherwise stipulated by the administrative authority. EXCEPTION: Rule 35OG shall become effective not later than January 1, 1996. NOTE: A period of 180days is allowed for utilities and regulatory authorities to acquire copies of the new edition and to change regulations, internal standards, and procedures as may be required. There is neither an intention to require or imply that this edition be implemented before 180 days from the publication date, nor an intention to prohibit earlier implementation.

017. U n i t s of Measure

A. Numerical values in the requirements of this code are stated in the metric system2 and in the customary inch-foot-pound system. In text the metric value is shown first with the customary inch-foot L e Systeme Internationale dUnites (The International System of Units [or SI] in the modem version of the metric system). For basic information and conversion factors, see EEE Std 268-1992 [B22]. listed in Appendix B.

200

PART 2. SAFETY RULES FOR OVERHEAD LINES

202

Exhibit R-___ (ALR-1) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell

Part 2. Safety Rules for the Installation and Maintenance of Overhead Electric Supply and Communication Lines
Section 20. Purpose, Scope, and Application of Rules
200. Purpose
The purpose of Part 2 of this code is the practical safeguarding of persons during the installation, operation, or maintenance of overhead supply and communication lines and their associated equipment.

201. Scope P a r t 2 of this code covers supply and communication conductors and equipment in overhead lines. It
covers the associated structural arrangements of such systems and the extension of such systems into buildings. The rules include requirements for spacing, clearances, and strength of construction. They do not cover installations in electric supply stations except as required by Rule 162A.

202. Application of Rules


The general requirements for application of these rules are contained i n Rule 013. However, when a structure is replaced, the arrangement of equipment shall conform to the current edition of Rule 238C.

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210

PART 2. SAFETY RULES FOR OVERHEAD LINES

214B3

Exhibit R-___ (ALR-1) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell

Section 21. General Requirements


210. Referenced Sections
The Introduction (Section 1), Definitions (Section 2), References (Section 3), and Grounding Methods (Section 9) shall apply to the requirements of Part 2.

211. Number 211 not used in this edition. 212. Induced Voltages
Rules covering supply-line influence and communication-line susceptiveness have not been detailed in this code. Cooperative procedures are recommended in the control of voltages induced from proximate facilities. Therefore, reasonable advance notice should be given to owners or operators of other proximate facilities that may be adversely affected by new construction or changes in existing facilities.

213. Accessibility
All parts that must be examined or adjusted during operation shall be arranged so as to be accessible to authorized persons by the provision of adequate climbing spaces, working spaces, working facilities, and clearances between conductors.

214. Inspection and Tests of Lines and Equipment


A. When In Service 1. Initial Compliance With Rules Lines and equipment shall comply with these safety rules when placed in service. 2. Inspection Lines and equipment shall be inspected at such intervals as experience has shown to be necessary. 3. Tests : When considered necessary, lines and equipment shall be subjected to practical tests to determine required maintenance. 4. Record of Defects Any defects affecting compliance with this code revealed by inspection or tests, if not promptly corrected, shall be recorded; such records shall be maintained until the defects are corrected. 5 . Remedying Defects Lines and equipment with recorded defects that could reasonably be expected to endanger life or property shall be promptly repaired, disconnected, or isolated.

B. When Out of Service 1. Lines Infrequently Used Lines and equipment infrequently used shall be inspected or tested as necessary before being placed into service. 2. Lines Temporarily Out of Service Lines and equipment temporarily out of service shall be maintained in a safe condition. 3. Lines Permanently Abandoned Lines and equipment permanently abandoned shall be removed or maintained in a safe condition.

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400

PART 4.RULES FOR THE OPERATION OF ELECTRIC LINES

402 Exhibit R-___ (ALR-1) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell

Part 4. Rules for the Operation of Electric Supply and Communications Lines and Equipment
Section 40. Purpose and Scope
400. Purpose
The purpose of P a r t 4 of this code is to provide practical work rules as one of the means of safeguarding employees and the public from injury. It is not the intent of these rules to require unreasonable steps to comply; however, all reasonable steps shall be taken.

401. Scope
Part 4 of this code covers work rules to be followed in the installation, operation, and maintenance of electric supply and communications systems.

402. Referenced Sections


The Introduction (Section l), Definitions (Section 2), References (Section 3), and Grounding Methods (Section 9) of this code shall apply to the requirements of Part 4. The standards listed in Section 3 shall be used with Part 4 where applicable. NOTE: After ANSI C2-1973[B6] was originally approved, 30 June 1972, the US Occupational Safety and Health Administration (OSHA) issued 2 9 CFR 1926,Subpart V [B42], applying to employee safety in construction. The differences between this document and the editions of the NESC through the 1993 Edition were noted in footnotes to the text of Part 4. In 1989,OSHA published in the Federal Register [01/31/89], vol. 54,no. 1 9 .pp. 4974 to 5024 inclusive, Docket S-015 [B43], a Notice of Proposed Rulemaking to issue new regulations as 2 9 CFR 1910.137and 29 CFR 1910.269 t o address the work practices to be used during the operation and maintenance of generation, transmission and distribution facilities. Coordination between these OSHA proposals and this 1997 Edition of the NESC has been effected such that the technical content of each document is harmonized at this time to the extent possible with the closure of the rulemaking hearing docket. In some cases it was thus not possible for the OSHA final rule published',as 2 9 CFR 1910.137 and 29 CFR 1910.269 (as published in the Federal Register, [01/31/94] vol. 59,no. 2 0 .pp. 4321 to 4477 [B44])to address all the technical information considered in this revision of NESC Part 4.

I97

410

PART 4. RULES FOR THE OPERATION OF ELECTRIC LINES

41 1A4 Exhibit R-___ (ALR-1) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell

Section 41. Supply and Communications SystemsRules for Employers


410. General Requirements
A. General 1. The employer shall inform each employee working on or about communications equipment or electric supply equipment and the associated lines, of the safety rules governing the employees conduct while so engaged. When deemed necessary, the employer shall provide a copy of such rules. 2. The employer shall provide training to all employees who work in the vicinity of exposed energized facilities. The training shall include information on the advantages and limitations of various types, combinations, and materials of wearing apparel. 3. Employers shall utilize positive procedures to secure compliance with these rules. Cases may arise, however, where the strict enforcement of some particular rule could seriously impede the safe progress of the work at hand; in such cases the employee in charge of the work to be done should make such temporary modification of the rules as will accomplish the work without increasing the hazard. 4. If a difference of opinion arises with respect to the application of these rules, the decision of the employer or the employers authorized agent shall be final. This decision shall not result in any employee performing work in a manner that is unduly hazardous to the employee or to the employees fellow workers.

B. Emergency Procedures and First Aid Rules 1. Employees shall be informed of procedures to be followed in case of emergencies and rules for first aid, including approved methods of resuscitation. Copies of such procedures and rules should be kept in conspicuous locations in vehicles and places where the number of employees and the nature of the work warrants. 2. Employees working on communications or electric supply equipment or lines shall be regularly instructed in methods of first aid and emergency procedures, if their duties warrant such training. C. Responsibility 1. A designated person shall be in charge of the operation of the equipment and lines and shall be responsible for their safe operation. 2, If more than one person is engaged in work on or about the same equipment or line, one person shall be designated as in charge of the work to be performed. Where there are separate work locations, one person may be designated at each location.

411. Protective Methods and Devices


A. Methods 1. Access to rotating or energized equipment shall be restricted to authorized personnel. 2. Diagrams, showing plainly the arrangement and location of the electric supply equipment and lines, shall be maintained on file and readily available to authorized personnel for that portion of the system for which they are responsible. 3. Employees shall be instructed as to the character of the equipment or lines and methods to be used before any work is undertaken thereon. 4. Employees should be instructed to take additional precautions to ensure their safety when conditions create unusual hazards.

198

Exhibit R-___ (ALR-2) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell

MPSC POLE INSPECTION SUMMARY


(Sorted by Violator)
PHOTO ID Washtenaw70-75 StClairSh174-177 Flint1646-1649 Flint1649-1655 Flint1661-1663 Flint1672-1673 Saginaw1715,1717 BayCity1754-1759 Midland1781-1782 Midland1783-1785 Midland1786 Kalamazoo102 Kalamazoo103 Kalamazoo104 Kalamazoo107 Kalamazoo108 Kalamazoo115 Muskegon217-218 Muskegon219 Muskegon222 Muskegon301-302 Jackson516 Jackson517 Saginaw1690 Saginaw1691 Saginaw1692 Saginaw1696 Saginaw1697-1698 Saginaw1699 Saginaw1701 Saginaw1702-1703 Saginaw1705-1714 Saginaw1720-1722 BayCity1731 VIOLATOR CATV CATV CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE Charter Charter Charter Charter Charter Charter Charter Charter Charter Charter Charter POLE OWNER DE DE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE ADDRESS 7808 Six Mile Road CLEAR 2 SEP GUY OTHER 1 2 Dort/Windemere Commerce N of E Court Crapo Rd/Flint Central 1107 W Court 705 Dearborn NW corner Center/Pine Ashby/Dearing 2939 Ashby 2933 Ashby 1925 Fairfield 2105 Fairfield 2417 Portage 5607 Portage 5605 Portage 513 Wheaton 1858 Ruddiman 1909 Ruddiman N.Muskegon Fire Dpt 1202 Ruddiman 3636 Kibby Dibble Elem. School 1227 S Center 1475 S Center 7710 Swan Creek 10820 Swan Creek 10400 Swan Creek Swan Creek/Weigl 4425 W Michigan 1757 Beacon 1712 S Hamilton 3615 Weiss 981 S Linwood Bch 1 1 2 1 1 1 1 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 2 STAFF COMMENT Numerous splices, tree supports, PVC "pole" Cabinet burnt, electrical tape holding power lead, delay pole CE low clearance causing low separation Broken guys Secondary over road Service drop over driveway and front entry walk 2 abandoned poles Broken guy, damaged pole Broken, taped to pole overhead Secondary over pedestrian, too close to phone Secondary over road, too close to CATV Service & telephone drop over driveway Service & telephone drop over driveway Guys over driveway Service drop over parking lot Service drop over parking lot Guy over driveway Service drop over parking lot Service drop over parking lot Guy over driveway 3 wire secondary over road System neutral over pedestrian area Service pole in need of repair Excess CATV cable wrapped around pole at ground level CATV over driveway CATV from electric secondary Excess CATV cable wrapped around pole at ground level CATV over driveway CATV over parking lot Excess CATV cable coiled and lashed to CATV cable CATV over road, unraveled lashing Heavy loading Excess cable spaghetti overhead CATV over road SBC COMMENTS

1 1 1 1 1 1 1 1 1 1 1 1

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Exhibit R-___ (ALR-2) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell
PHOTO ID BayCity1734-1735 BayCity1736 BayCity1737-1738 BayCity1754-1759 BayCity1761-1762 BayCity1763-1766 BayCity1767 BayCity1768 Midland1772 Midland1773 Midland1786 Midland1787 Midland1788 Midland1789-1793 BayCity1732 BayCity1733 Flint1664-1666 Brighton64-66 PJD Test P12 L1-11 PJD Test P13 L5-10 PJD Test P14 L13-14 PJD Test P16 L8-12 PJD Test P16 L14-19 Brighton54-63 Brighton64-66 LivoniaNone PJD Test P11 L8-13 PJD Test P11 L15-22 PJD Test P13 L12-16 PJD Test P15 L4-9 PJD Test P16 L1-2 PJD Test P17 L10-15 Williamston92-94 Williamston92-94 PJD Test P15 L1-2 PJD Test P17 L10-15 PJD Test P15 L11-19 PJD Test P16 L8-12 Muskegon220-221 Farmington87-90 Wyandotte112-117 VIOLATOR Charter Charter Charter Charter Charter Charter Charter Charter Charter Charter Charter Charter Charter Charter Charter Charter Comcast Comcast Comcast Comcast Comcast Comcast Comcast Comcast DE DE DE DE DE DE DE DE GTE Horizon McLeod MCSD New Media New Media Phone Phone Phone POLE OWNER CE CE CE CE CE CE CE CE CE CE CE CE CE CE SBC SBC CE DE DE DE DE DE DE SBC DE DE DE DE DE DE DE DE SBC SBC DE DE DE DE CE DE DE ADDRESS 777 S Linwood Bch 693 S Linwood Bch 713 S Linwood Bch NW corner Center/Pine 1407 Borton Borton/Burns 303 Nebobish 715 Nebobish Poseyville/Ashby 2814 Ashby 2933 Ashby 2968 Ashby Eastman/Harcrest 5909 Eastman 825 S Linwood Bch 819 S Linwood Bch 406 Thomson 10816 Grand River Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co 10153 Grand River 10816 Grand River 32863 Mayfield Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co 2480 Grand River Ave. 2480 Grand River Ave. Macomb Co Macomb Co Macomb Co Macomb Co 1309 Ruddiman 23795 Civic Center Dr. 13th & Antoine CLEAR 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 20 1 1 1 Phone over driveway Multiple cables over numerous driveways, loose guy Electrical tape, tree supports 1 1 2 Wires on ground across two properties and driveways DE guying Horizontal guy over road SBC Not Present and/or Misidentified SEP 1 GUY OTHER STAFF COMMENT CATV from electric secondary CATV over driveway CATV from electric secondary Rope and rag lashing Rope and rag lashing Unraveled lashing CATV over driveway CATV over driveway CATV over parking lot CATV over driveway CATV over road CATV over driveway CATV over road CATV over driveway CATV over road CATV over road 5 ft over front steps CATV clearance SBC COMMENTS

SBC Not Present and/or Misidentified

1 GTE box Horizon Cable Miss Dig Flag SBC Not Present and/or Misidentified SBC Not Present and/or Misidentified

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Exhibit R-___ (ALR-2) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell
PHOTO ID Wyandotte118-119 WyandotteNone Taylor125 DearbornHts147-149 DetroitNone1 StClairSh154-173 StClairSh178-179 DetroitNone3 DetroitNone4 Williamston91 Williamston95-98 Flint1631-1634 Flint1641-1645 Flint1646-1648 Flint1656 Saginaw1676-1680 Saginaw1687-1688 Saginaw1693-1695 Saginaw1715,1717 Saginaw1716 Saginaw1719 Saginaw1723 Saginaw1724 Saginaw1725-1729 BayCity1730 BayCity1731 BayCity1760 BayCity1761-1762 BayCity1763-1766 Midland1772 Midland1773 Midland1774-1780 Midland1787 VIOLATOR Phone Phone Phone Phone Phone Phone Phone Phone Phone Phone Phone SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC POLE OWNER DE DE DE DE DE DE DE DE DE SBC SBC CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE ADDRESS 1204 11th St. 10th & Baumey Leroy & Brandt 83814 Ann Arbor Trail 20436 Whitlock 27401 Erben Philip & Waveny 10700 Chippewa 615 Grand River Ave. 3298 Grand River Ave. 3100 E Court Dort/Court Dort/Windemere Brookside/Pierce 235 S Center 511 S Center Swan Creek/M-52 705 Dearborn 615 Dearborn 3405 Weiss 2725 Warwick 2785 Warwick 2795 Warwick 973 S Linwood Bch 981 S Linwood Bch 1701 Borton 1407 Borton Borton/Burns Poseyville/Ashby 2814 Ashby 2890 Ashby 2968 Ashby CLEAR 1 1 3 2 1 24 3 1 7 3 1 1 1 2 1 1 1 1 1 1 1 SEP GUY OTHER STAFF COMMENT Heavy cable over road Residential driveway Poles at rear of deep back yards, cables cross road Communication wire touching street light supply Residential road, long split in poles Rope-a-Dope, multiple cables/driveways, loose guy, zip ties Service drop wrapped around cable Residential road Residential road Service wires over commercial driveway next to road Partial fix at driveway, further sag across yard Unraveled lashing, loose wire at pole Cable supported by building Secondary over driveway Phone over driveway Phone over driveway, lashed with twine to electric drop Phone over driveway Phone cable not moved from old broken pole to new pole Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway 2 Phone over driveway, supported by trees and CATV cable Phone over road Phone over road Phone over driveway Phone over driveway Unraveled lashing Phone over parking lot Phone over driveway Phone drop, thru tree, on front steps, gas meter, ground Phone over driveway SBC COMMENTS

2 1

Complete SBC Not Present and/or Misidentified SBC Not Present and/or Misidentified Complete Complete Complete Complete Complete Complete Complex remediation and/or third party cooperation necessary Complete Complete Complete SBC Not Present and/or Misidentified Complete
Complex remediation and/or third party cooperation necessary

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4

Complex remediation and/or third party cooperation necessary Complete Complete Complete Complete Complete

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Exhibit R-___ (ALR-2) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell
PHOTO ID Midland1788 Midland1789-1793 Kalamazoo101 Kalamazoo105 Kalamazoo106 Kalamazoo109 Kalamazoo110-111 Kalamazoo112 Kalamazoo114 Kalamazoo116 GrandRapids501 GrandRapids502 GrandRapids503 GrandRapids504 GrandRapids505 GrandRapids506 GrandRapids507 GrandRapids508 GrandRapids509 GrandRapids510 GrandRapids511 GrandRapids512 GrandRapids513 GrandRapids514 Jackson515 Jackson516 Jackson517 Jackson518-519 Jackson520 Jackson521 Jackson522 Jackson523 Jackson524 Jackson601 Jackson602 Jackson603 VIOLATOR SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC POLE OWNER CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE ADDRESS Eastman/Harcrest 5909 Eastman 1925 Fairfield 2458 Bender 10245 Portage 619 Davis 432 Monroe 1546 Grand 1411 Grand 3600 Lake 3756 28th St 1000 28th St Byron Ctr & Porter 2345 Porter Hampshire/ Woodcliff 2050 Woodcliff 2412 Woodcliff 3003 Okemos 2953 Okemos Village & Okemos 2341 Okemos 1941 Laurel E. Grand Rapids H.S. 3355 Fulton 4664 Reynolds 3636 Kibby Dibble Elem. School 2860 Robinson 2901 Robinson 2880 Robinson 2929 Spring Arbor 2797 Spring Arbor 1320 Warren 820 W.High 1750 Probert 3660 Stonewall CLEAR 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 2 1 1 1 2 1 1 1 2 1 1 1 SEP GUY OTHER STAFF COMMENT Phone over road Phone over driveway Telephone cable over road Phone over road Phone over driveway Phone over road Phone over road Phone over road Phone over road Phone over driveway Phone over driveway Phone over driveway Phone over road Phone over driveway Phone over road Phone over driveway Phone over driveway Phone over road Phone over driveway Phone over road Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over pedestrian area Phone over pedestrian area Phone over road Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway SBC COMMENTS Complex remediation and/or third party cooperation necessary Complex remediation and/or third party cooperation necessary Complete Complete SBC Not Present and/or Misidentified Complete Complete Complete Complete Complex remediation and/or third party cooperation necessary SBC Not Present and/or Misidentified Complete
Complex remediation and/or third party cooperation necessary Complex remediation and/or third party cooperation necessary

SBC Not Present and/or Misidentified SBC Not Present and/or Misidentified SBC Not Present and/or Misidentified SBC Not Present and/or Misidentified SBC Not Present and/or Misidentified Complete Complete Complete Complete SBC Not Present and/or Misidentified Complete SBC Not Present and/or Misidentified SBC Not Present and/or Misidentified SBC Not Present and/or Misidentified
Complete

SBC Not Present and/or Misidentified Complete Complex remediation and/or third party cooperation necessary Complete Complete Complex remediation and/or third party cooperation necessary Complete

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Exhibit R-___ (ALR-2) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell
PHOTO ID Jackson604 Jackson605 EatonRapids126-137 AnnArbor316 AnnArbor317-318 AnnArbor319 AnnArbor320 AnnArbor321 AnnArbor322 AnnArbor323 AnnArbor324 AnnArbor325-326 AnnArbor401 AnnArbor402 AnnArbor403 Brighton64-66 ELyon67-69 Washtenaw76-80 Livonia81-84 Hell85 FarmingtonNone BrightonNone Chelsea99-107 Wyandotte111 Westland138-143 StClairShNone PJD Test P7 L3-7 PJD Test P7 L9-11 PJD Test P7 L13-15 PJD Test P7 L17-19 VIOLATOR SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC POLE OWNER CE CE CE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE ADDRESS W.Pearl/N.Blackstone W.Pearl/N.Blackstone 4260 Covert Bethlehem Cemetary 123 Chapin 417 Miller 915 Brooks 827 Brooks 715 Brooks 626 Seventh 406 Koch Williams & Second 309 W.Williams N.Territorial & Jomar 946 N.Territorial 10816 Grand River 22645 Pontiac Trail Six Mile & Hapler 15903 Merriman 4070 Patterson Lake 29915 Fink 8878 Rickett Road Rt 52 CVS/pharmacy 23rd & Grove 6555 Newburg Road 22340 (along Erben & Jefferson Avenue) Farmington Hills Garden City Brownstown 5 60 1 1 1 3 1 1 1 1 1 1 1 1 1 CLEAR 1 2 SEP GUY OTHER STAFF COMMENT Phone over road by CE Headquarters Phone over CE employee parking lot UG services across yards, drives, trees since 11-1. 0.3 mi. Phone over driveway Phone over pedestrian area Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over road Phone over driveway Phone over road Phone over driveway--DTE substation SBC / DE separation 1 Pole with SBC & "Lectro" box roped to new pole, vines Old phone not transferred to new poles, long span Multiple cables over numerous driveways, tree supports Parking lot in front of restaurant Long span across road to rear of yards Heavy wooded area, long spans, phone on primary poles Rope repair, service wires across former drivethrough Driveway to store parking lot Mall driveway, 3 Ph. recloser & antennae Residential road SBC COMMENTS SBC Not Present and/or Misidentified SBC Not Present and/or Misidentified Complete SBC Not Present and/or Misidentified Complex remediation and/or third party cooperation necessary Complete Complete Complete Complete SBC Not Present and/or Misidentified Complete Complete SBC Not Present and/or Misidentified Complex remediation and/or third party cooperation necessary Complex remediation and/or third party cooperation necessary Complete Complete Unable to locate Complex remediation and/or third party cooperation necessary Complete Complete Complete Complete Complex remediation and/or third party cooperation necessary Complex remediation and/or third party cooperation necessary Complex remediation and/or third party cooperation necessary Complex remediation and/or third party cooperation necessary Complete Complete Complete

1 1 2 3 3 1 1 1 1 1 1 1 2 1

5 of 7

Exhibit R-___ (ALR-2) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell
PHOTO ID PJD Test P7 L21-23 PJD Test P8 L2-4 PJD Test P8 L6-10 PJD Test P8 L12-16 PJD Test P8 L18-20 PJD Test P11 L15-22 PJD Test P12 L1-11 PJD Test P12 L13-15 PJD Test P12 L17-20 PJD Test P13 L1-3 PJD Test P13 L5-10 PJD Test P13 L18-23 PJD Test P14 L2-5 PJD Test P14 L7-11 PJD Test P15 L1-2 PJD Test P15 L11-19 PJD Test P16 L8-12 PJD Test P16 L14-19 PJD Test P17 L3 PJD Test P17 L5-8 Flint1635-1637 Flint1638-1640 Saginaw1681-1686 BayCity1732 BayCity1769-1771 HellNone Inkster144-146 Muskegon201 Muskegon202 Muskegon203 Muskegon204 VIOLATOR SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC SBC VER VER VER VER POLE OWNER DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE DE SBC SBC SBC SBC SBC SBC SBC CE CE CE CE ADDRESS Sterling Heights Sterling Heights Clinton Twp Clinton Twp Pontiac Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co Macomb Co 2907 E Court Dort/Court 450 thru 1260 S Center 825 S Linwood Bch 330 Nebobish 2929 Tiplady Road 28411 Florance 3610 Henry 1040 Seminole 3587 Pedelt 1550 Seminole 39 1 20 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 1 1 CLEAR 1 1 1 1 1 2 1 1 2 1 2 2 SEP 1 GUY OTHER STAFF COMMENT SBC COMMENTS Complete Complete Complete Complete Complex remediation and/or third party cooperation necessary Complete Complex remediation and/or third party cooperation necessary Complete Complete Complex remediation and/or third party cooperation necessary Complex remediation and/or third party cooperation necessary Complete Complex remediation and/or third party cooperation necessary Complex remediation and/or third party cooperation necessary Complex remediation and/or third party cooperation necessary Complete Complete Complete Complete Complex remediation and/or third party cooperation necessary SBC Not Present and/or Misidentified Complex remediation and/or third party cooperation necessary
Complete

Cable supported by building Old SBC pole touching CE secondary 3 low phone cables over 13 driveways over 1 mile Phone over road 2 low phone cables over approx 10 driveways Service drops over rural road Second pole against 4 guys, 1 missing marker Phone over driveway Phone over driveway Phone over road Phone over driveway

SBC Not Present and/or Misidentified


Complex remediation and/or third party cooperation necessary

Complete Complex remediation and/or third party cooperation necessary

6 of 7

Exhibit R-___ (ALR-2) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell
PHOTO ID Muskegon205-206 Muskegon207-208 Muskegon209 Muskegon210-211 Muskegon212-213 Muskegon214 Muskegon215-216 Muskegon303 Muskegon304-305 Muskegon306 Muskegon307 Muskegon308 Muskegon309 Muskegon310 Muskegon311 Muskegon312 Muskegon313 Muskegon314-315 Flint1657-1660 Totals VIOLATOR VER VER VER VER VER VER VER VER VER VER VER VER VER VER VER VER VER VER POLE OWNER CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE CE ADDRESS 1730 Seminole 2250 Seminole 5295 Lake Harbor 5982 Lake Harbor 5948 Lake Harbor 6156 Lake Harbor Black Lk & Pontaluna 467 Ruddiman 345 Ruddiman 3225 Ruddiman 3225 Ruddiman 3360 Ruddiman 185 Weber 61 Weber Dr 2942 Fenner 1470 Dykstra Witham & Dykstra 2181 Barclay E Court/Woodlawn Park CLEAR 1 2 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 371 25 8 SEP GUY OTHER STAFF COMMENT Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over road Phone over driveway Phone over driveway Phone over road Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over driveway Phone over road Phone over driveway Trees push cable over road, abandoned cable in tree 462 SBC COMMENTS

2 58

7 of 7

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 1 Cancels Original Sheet No. 1 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS

Under sec. 224 of the Act, either the FCC or the state commission has jurisdiction over rates, terms and conditions of access to poles, ducts and conduits to the exclusion of the other. The FCC has jurisdiction unless a state certifies and asserts jurisdiction. This tariff is being filed for informational purposes only. If the state asserts jurisdiction, this tariff will be effective.

A. DESCRIPTION
The Company will make available, to the extent it may lawfully do so, access to poles, ducts, conduits and rights-of-way (Structure) owned or controlled by the Company for the placement of the Attaching Partys Attachments. The availability of Company Structure for the Attaching Partys attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with others, all interests in property granted by persons or entities public and private, and all statutes, laws, codes, regulations, rules and common law, and all terms, conditions and limitations of any or all of the foregoing, by which the Company owns and controls Structure or interests therein.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell
PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations

2nd Revised Sheet No. 2 Cancels 1st Revised Sheet No. 2

1. POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

B. DEFINITIONS Attaching Party A provider of telecommunication services, a cable television system, or such other parties as may be authorized by law. Attachment(s) Any cable, equipment, facilities, apparatuses or appurtenances used or useful in communication distribution networks providing Telecommunications Services or in a cable television system. Capacity Refers to space available on or in structure for an Attaching Partys Attachment without the requirement of further modifications to the structure. Ducts/Conduits Ducts and conduits means enclosed reinforced passages capable of supporting communication cables, ducts or conduits including single ducts, innerducts and lateral ducts into buildings owned by third parties, and the manholes, handholes, and pull-boxes associated with the ducts or conduit. Duct or conduit does not include ducts or conduits within buildings owned by third parties. Conduit Occupancy Occupancy of a conduit system by any item of attaching partys facilities. Field Survey All work performed by the Company at the attaching partys expense to field check the Companys facilities to determine their availability for the attachments of the attaching party and the extent and cost, if any, of Make Ready Work required to accommodate the attaching party. Innerduct A single enclosed raceway for conductors or cables sometimes placed within ducts.

(C) (C)

Issued under authority of M.P.S.C. Order dated 11/16/99 Issued: April 7, 2000 Effective:

Case No. U-11831 April 10, 2000

By Robin M. Gleason, Vice President - Regulatory Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 3 Cancels Original Sheet No. 3 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

B. DEFINITIONS (cont'd)
Poles Poles mean in part by permit the to support

poles owned by the Company, or poles owned by others or owned the Company or which the Company has a contractual right to use by attaching parties, but, in either event, which are used attachments. (C)

Pole Attachment Any item of attaching partys facilities affixed to a pole.

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 4 Cancels Original Sheet No. 4 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

B. DEFINITIONS (cont'd)
Proprietary Information Proprietary Information means: 1. all proprietary or confidential information of a Party (a Disclosing Party) including specifications, drawings, sketches, business information, forecasts, records (including each Partys records regarding Performance Benchmarks), Customer Proprietary Network Information, Customer Usage Data, audit information, models, samples, data, system interfaces, computer programs and other software and documentation that is furnished or made available or otherwise disclosed to the other Party or any of such other Partys Affiliates (individually and collectively, a Receiving Party) pursuant to this tariff and, if written, is marked Confidential or Proprietary or by other similar notice or if oral or visual, is identified as Confidential or Proprietary at the time of disclosure; and 2. any portion of any notes, analyses, data, compilations, studies, interpretations or other documents prepared by any Receiving Party to the extent the same contain, reflect, are derived from, or are based upon, any of the information described in subparagraph 1. above, unless such Information contained or reflected in such notes, analyses, etc. is so commingled with the Receiving Partys information that disclosure could not possibly disclose the underlying proprietary or confidential information (such portions of such notes, analyses, etc. referred to herein as Derivative Information).

(C)

Original Sheet No. 4.1 is cancelled and removed from the tariff. Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 5 Cancels Original Sheet No. 5 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

B. DEFINITIONS (cont'd)
Rights-of-Way Rights-of-way are legal interests of the Company in property of others, such as easements, or licenses, which are suitable for use for attachments for communications distribution networks. Rights-of-way include ducts or conduit controlled by the Company that are located within buildings owned by third parties and not leased by the Company. Poles, ducts, conduit or rights-of-way do not generally include: 1. controlled environmental vaults, remote equipment buildings, huts or enclosures, cross-connect cabinets, panels and boxes, equipment closets or enclosures in buildings, or any like or similar equipment enclosures or locations, or the ducts or conduit connecting any of the foregoing to manholes or conduit runs between manholes; or 2. access to Ameritech owned or leased property for placement of distribution facilities other than in Ameritech poles, ducts or conduits. Structure Structure refers to Company owned or controlled poles, ducts, conduits and rights-of-way.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 6 Cancels Original Sheet No. 6 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS


1. Structure Availability The Company will not make structure available: (a) where, after taking all reasonable steps to accommodate such request, there is insufficient capacity to accommodate the requested attachment, or (b) where an attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. Insufficient capacity for purposes of this tariff means the lack of existing available space and the inability to create the necessary space by taking all reasonable steps to do so. If Ameritech denies a request for access to its Structure for Insufficient capacity, safety, reliability or engineering reasons, Ameritech will provide the Attaching Party a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if Ameritech has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon Ameritechs receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45) day period. 2. Franchises, Permits and Consents Attaching party shall secure any necessary franchises, permits or consents from federal, state, county or municipal authorities and from the owners of private property, to construct and operate its attachments at the location of the Company structure it uses. Attaching party shall submit to the Company satisfactory evidence of attaching partys legal authority to occupy such rights-of-way and construct its facilities therein. 3. Access and Modifications Where necessary to accommodate a request for access by attaching party, and provided the Company has not denied access for insufficient capacity or safety, reliability or engineering reasons, or because the Company may not lawfully make the structure available, the Company will, modify its structure in order to accommodate the attachments of attaching party. Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

(C)

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 7 Cancels Original Sheet No. 7 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


3. Access and Modifications (cont'd) Before commencing the work necessary to provide such additional capacity, the Company will notify all other parties having attachments on or in the structure of the proposed modification to the structure. The modification to accommodate other attaching parties, including the Company, that desire to modify attachments. If an attaching party requests access to an Ameritech right-of-way where Ameritech has no existing structure, Ameritech shall not be required to construct new poles, conduit or ducts, or to bury cable for an attaching party but will make the right-of-way available to an attaching party to construct its own poles, conduit or ducts or to bury its own cable; provided, however, if Ameritech desires to extend its own attachments, Ameritech will construct structure to accommodate the attaching party's attachment. The Company will not construct structure where none now exists to accommodate attaching partys request, unless the Company desires to extend its attachments to such new structure.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 8 Cancels Original Sheet No. 8 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


3. Access and Modifications (cont'd) The costs of modifying a structure to accommodate attaching partys request, the requests of another attaching party or the needs of the Company shall be borne by the attaching party, the other requesting party or the Company, respectively, except that if other parties obtain access to the structure as a result of the modification such parties shall share in the cost of modification proportionately with the party initiating the modification. A party, including the Company, with a pre-existing attachment to the structure to be modified to accommodate another attaching party shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its attachment. In the event a party, including the Company, uses the modification to bring its structure or attachments into compliance with applicable safety or other requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, a party or the Company with a preexisting attachment to the structure, shall not be required to bear any of the costs of rearranging or replacing its attachment if such rearrangement or replacement is necessitated solely as a result of an additional attachment or the modification of an existing attachment sought by another attaching party. If a party, including the Company, makes an attachment to the modified structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. All modifications to the Companys structure will be owned by the Company. Attaching parties, including the Company, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking access to the modified structure.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 9 Cancels Original Sheet No. 9 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


4. Installation and Maintenance Responsibility Attaching party shall, at its own expense, install and maintain its attachments in a safe condition and in thorough repair so as not to conflict with the use of the structure by the Company or by other attaching parties. Work performed by attaching party on, in or about the Companys structures shall be performed by competent workmen skilled in the trade with qualifications and training at least equivalent to that of the workers and contractors of the Company. The Company will specify the location on the structure where attaching partys attachment shall be placed. Attaching party shall construct each attachment in conformance with the permit issued for such attachment. Other than routine maintenance and service wire attachments, attaching party shall not modify, supplement or rearrange any attachment without first obtaining a permit therefor. Attaching party shall secure permission of the Company before entering any manhole, handhole or pull box for construction or maintenance purposes. 5. Installation and Maintenance Standards Attaching partys attachments shall be installed and maintained in accordance with the rules, requirements and specifications of the National Electrical Code, National Electrical Safety Code, Bellcore Construction Practices, the FCC, the Commission, the Occupational Safety & Health Act and of any other governing authority having jurisdiction over the subject matter.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell
PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations

2nd Revised Sheet No. 10 Cancels 1st Revised Sheet No. 10

1. POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd) 6. Access Requests Any request by attaching party for access to the Companys structure shall be in writing and submitted to the Companys Structure Access Coordinator. The Company may limit the number and scope of requests from attaching party being processed at any time and may prescribe a process for orderly administration of such requests. Attaching partys attachment to the Companys structure shall be pursuant to a permit issued by the Company for each request for access. The Structure Access Coordinator shall be responsible for processing requests for access to Company structure, administration of the process of delivery of access to Company structure, for all matters relating to access to Company structure. 7. Unused Space Excepting maintenance ducts and ducts required to be reserved for use by municipalities, all usable but unused space on structure owned or controlled by the Company shall be available for the attachments of attaching party, the Company or other providers of telecommunications services or cable television systems. Attaching party may not reserve space on Company structure for its future needs. 8. Maintenance Ducts One duct and one inner-duct in each conduit section shall be kept vacant as maintenance ducts. The maintenance ducts shall be available to any party with an attachment for maintenance purposes. 9. Cost of Certain Modifications If, at the request of a governmental entity, third party, court or Commission or property owner, the Company moves, replaces or changes the location, alignment or grade of its conduits or poles, the Company shall bear the expense of relocating attachments to those conduits or poles.

(C) (C)

Issued under authority of M.P.S.C. Order dated 11/16/99 Issued: April 7, 2000 Effective:

Case No. U-11831 April 10, 2000

By Robin M. Gleason, Vice President - Regulatory Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations

2nd Revised Sheet No. 11 Cancels 1st Revised Sheet No. 11

1. POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd) 10. Maps and Records The Company will provide attaching party, at their request and expense, with access to maps, records and additional information relating to its structure. The Company does not warrant the accuracy or completeness of information on any maps or records. Maps, records or information may not be resold. 11. Occupancy Permit Attaching party's access to Company's structure shall be pursuant to a permit issued by the Company for each requested attachment. Any such permit shall automatically terminate (a) if attaching partys franchise, consent or other authorization from federal, state, county or municipal entities or private property owners necessary for the attaching party to lawfully maintain the attachment is terminated, (b) if attaching party has not placed and put into service its attachments within one year from the date the Company has notified attaching party that such structure is available for attaching partys attachments, (c) if attaching party ceases to use such attachment for any period of one year, (d) failure to comply with a term or condition of this tariff or if Company ceases to have the right or authority to maintain its structure, or any part thereof to which attaching party has attachments. If attaching party surrenders its permit for any reason, but fails to remove its attachments from the structure, the Company shall remove the attaching partys attachments at the attaching partys expense. The Company will provide the attaching party at least sixty (60) days written notice prior to (a) terminating a permit or service to an attaching party attachment or removal thereof for a breach of the provisions of this tariff, (b) any increase in the rates for attachments to the Companys structure, (c) any modification to the Companys structure to which the attaching party has an attachment, other than a modification associated with routine maintenance or as a result of an emergency. (C)

(C) (C) (C)

Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: November 4, 2002 Effective: November 5, 2002 By Robin M. Gleason, Vice President - State Regulatory Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan PART 2 SECTION 6 Witness: Rousell
2nd Revised Sheet No. 12 Cancels 1st Revised Sheet No. 12

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations

1. POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd) 12. Inspections The Company may make periodic inspections of any part of the attachments of attaching party located on Company structures. Attaching party shall reimburse Company for the expense of such inspections. Except for inspections following the construction of permitted attachments, or in cases involving safety, damage to attachments or potential violations of this tariff, such inspections shall not be made more often than once every five (5) years. Where reasonably practicable to do so, the Company shall provide prior written notice to attaching party of such inspections. 13. Damage to Attachments Both attaching party and the Company will exercise precautions to avoid damaging the attachments of the other or to any Company structure to which attaching party obtains access hereunder. The party damaging the attachments of the other shall be responsible to the other therefor. 14. Deposits A deposit shall be required for each request from attaching party for map preparation, make-ready surveys and make-ready work. 15. Interconnection Upon attaching party request, the Company will permit the interconnection of ducts or conduits owned by attaching party in Company manholes. Interconnection will not be permitted where modification of Company structure to accommodate attaching party request for access is possible. Attaching party will be responsible for any costs required to accommodate the interconnection.

(C)

Issued under authority of M.P.S.C. Order dated 11/16/99 Issued: April 7, 2000 Effective:

Case No. U-11831 April 10, 2000

By Robin M. Gleason, Vice President - Regulatory Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 13 Cancels Original Sheet No. 13 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


15. Interconnection (cont'd) Requests by attaching party for interconnection of attaching partys attachments in or on Company structure with the attachments of other attaching parties in or on Company structure will be considered on a case-by-case basis and permitted or denied based on the applicable standards set forth in this tariff for and reasons of capacity, safety, reliability, and engineering. Attaching party will be responsible for the costs of any make ready work required to accommodate the interconnection. 16. General Indemnity Rights Except as provided below, each of the Company and the Attaching Party (the Indemnifying Party) shall defend and indemnify the other, its officers, directors, employees and permitted assignees (collectively, the Indemnified Party) and hold such Indemnified Party harmless against: a. any Loss to a third person arising out of the negligence or willful misconduct by such Indemnifying Party, its agents, its customers, contractors, or other retained by such parties, in connection with the provision or use of services under this tariff; any Loss arising from such Indemnifying Partys use of services offered under this tariff, involving: any Loss arising out of the failure of the Indemnifying Party to comply with any provisions of this tariff or any Applicable Law. (C)

b. c.

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 14 Cancels Original Sheet No. 14 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


16. General Indemnity Rights (cont'd) In the case of any Loss alleged or made by a customer of either party, the party whose Customer alleged or made such Loss shall be the Indemnifying Party and the other party shall be the Indemnified Party. For purposes of tariff, a Loss or Losses means any and all losses, costs (including court costs), claims, damages (including fines, penalties, and criminal or civil judgments and settlements), injuries, liabilities and expenses (including attorneys fees). 17. Limitation of Liability The following applies in addition to all other limitations in this tariff. The Company and the Attaching Party shall be responsible only for services and facilities which are provided by it, its authorized agents, subcontractors, or others retained by it, and neither shall bear any responsibility for the services and facilities provided by the other, its agents, subcontractors, or other persons retained by such parties. In the case of any Loss arising from the negligence or willful misconduct of both parties, each party shall bear, and its obligation shall be limited to, that portion of the resulting expense caused by its negligence or misconduct or the negligence or misconduct of such partys agents, subcontractors, or other persons acting in concert with it.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 15 Cancels Original Sheet No. 15 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


17. Limitation of Liability (cont'd) Except for indemnity obligations each partys liability to the other party for any loss relating to or arising out of any negligent act or omission in its performance shall be limited to the total amount that is or would have been charged to the other party by such negligent or breaching party for the services or functions not performed or improperly performed. Each party shall, to the maximum extent permitted by applicable law, provide in its tariffs and contracts with its Customers that relate to any Service or facility provided or contemplated that in no case shall such Party or any of its agents, contractors or other persons retained by such parties be liable to any customer for any Consequential Damages as defined below. If a party breaches its obligations under this subparagraph 17, the breaching party shall be liable to the nonbreaching party for any and all losses resulting from such breach, including the indemnification of and/or reimbursement for losses arising from claims by and from such breaching partys customers. In no event shall either party have any liability whatsoever to the other party for any indirect, special, consequential, incidental, or punitive damages, including but not limited to loss of anticipated profits or revenue or other economic loss in connection with or arising from anything said, omitted or done hereunder (collectively, Consequential Damages), even if the other party has been advised of the possibility of such damages; provided that the foregoing shall not limit a partys obligation to indemnify, defend and hold the other party harmless against any amounts payable to a third person, including any losses, costs, fines, penalties, criminal or civil judgments or settlements, expenses (including attorneys fees and Consequential Damages of such third party. Except as expressly provided in this tariff, no remedy set forth in this tariff is intended to be exclusive and each and every remedy shall be cumulative and in addition to any other rights or remedies now or hereafter existing under applicable law or otherwise.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 16 Cancels Original Sheet No. 16 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


18. Force Majeure In addition to other limitations in these tariffs: No party shall be responsible for delays or failures in performance of any part of this tariff (other than an obligation to make money payments) resulting from acts or occurrences beyond the reasonable control of such party, including acts of nature, acts of civil or military authority, any law, order, regulation, ordinance of any government or legal body, embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, equipment failure, power blackouts, volcanic action, other environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities or acts or omissions of transportation carriers (individually or collectively a Force Majeure Event); or delays caused by the other party or any other circumstances beyond the partys reasonable control. If a Force Majeure Event shall occur, the party affected shall give prompt notice to the other party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such party is affected by such Force Majeure Event during the continuance thereof be excused from such performance (and the other party shall likewise be excused from performance of its obligations to the extent such partys obligations relate to the performance so interfered with). The affected party shall use its reasonable efforts to avoid or remove the cause of non-performance and the parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. Notwithstanding the preceding, no delay or other failure to perform shall be excused pursuant to this section:(i) by the acts or omission of a partys subcontractors, materialmen, suppliers or other third persons providing products or services to such party unless such acts or omissions are themselves the product of a Force Majeure Event, and unless such delay or failure and the consequences thereof are beyond the control and without the fault or negligence of the party claiming excusable delay or other failure to perform, or (ii) if such party fails to implement any steps taken to mitigate the effects of a Force Majeure Event (e.g., disaster recovery plans) in a non-discriminatory manner during the period performance is impaired. Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

(C)

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 17 Cancels Original Sheet No. 17 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


19. Abandonments, Sales or Dispositions The Company shall notify the attaching party of the proposed abandonment, sale, or other intended disposition of any structure. 20. Unauthorized Attachments The Attaching Party shall promptly submit a request for access for any Attachment of the Attaching Party made without a permit. The Attaching Party shall pay the Company the Unauthorized Attachment Fee for each such unauthorized attachment. 21. Taxes The attaching party shall be solely responsible for any or all taxes levied on its attachments on the Companys structure. 22. Worksafety Each party will be solely responsible for safety and supervision of its own employees in working in and around the Companys poles, ducts, conduits, and rights-of-way and shall comply with all applicable laws including the Occupational Health and Safety Act. 23. Proprietary Information The Disclosing Party will use its reasonable efforts to follow its customary practices regarding the marking of tangible Proprietary Information as confidential, proprietary, or other similar designation. The Parties agree that the designation in writing by the Disclosing Party that information is confidential or proprietary shall create a presumption that such information is confidential or proprietary to the extent such designation is reasonable.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 18 Cancels Original Sheet No. 18 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


23. Proprietary Information (contd) Notwithstanding the requirements of this Section, all information relating to the Customers of a Party, including information that would constitute Customer Proprietary Network Information of a Party pursuant to the Act and FCC rules and regulations, and Customer Usage Data, whether disclosed by one Party to the other Party or otherwise acquired by a Party in the course of the performance of this General Statement, shall be deemed Proprietary Information. Each Receiving Party agrees that from and after the Effective Date: a) all Proprietary Information communicated, whether before, on or after the Effective Date, to it or any of its contractors, consultants or agents (Representatives) in connection with this tariff shall be held in confidence to the same extent as such Receiving Party holds its own confidential information; provided that such Receiving Party or Representative shall not use less than a reasonable standard of card in maintaining the confidentiality of such information; b) it will not, and it will not permit any of its employees, Affiliates or Representatives to disclose such Proprietary Information to any third person; c) it will disclose Proprietary Information only to those of its employees, Affiliates and Representatives who have a need for it in connection with the use or provision of services required to fulfill this tariff; and d) it will, and will cause each of its employees, Affiliates and Representatives to use such Proprietary Information only to perform its obligations under this General Statement or to use services provided by the Disclosing Party hereunder and for no other purpose, including its own marketing purposes.

(C)

Original Sheet No. 18.1 is cancelled and removed from the tariff. Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 19 Cancels Original Sheet No. 19 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


23. Proprietary Information (contd) A Receiving Party may disclose Proprietary Information of a Disclosing Party to its Representatives who need to know such information to perform their obligations under this General Statement; provided that before disclosing any Proprietary Information to any Representative, such Party shall notify such Representative of such persons obligation to comply with this tariff. Any Statement by any of its Representatives and such Receiving Party agrees, at its sole expense, to use its reasonable efforts (including court proceedings) to restrain its Representatives from any prohibited or unauthorized disclosure or use of the Proprietary Information. Each Receiving Party making such disclosure shall notify the Disclosing Party as soon as possible if it has knowledge of a breach of this General Statement in any material respect. A Disclosing Party shall not disclose Proprietary Information directly to a Representative of the Receiving Party without the prior written authorization of the Receiving Party.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 20 Cancels Original Sheet No. 20 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


23. Proprietary Information (contd) Proprietary Information shall not be reproduced by any Receiving Party in any form except to the extent (i) necessary to comply with the provisions of this Section and (ii) reasonably necessary to perform its obligations under this tariff. All such reproductions shall bear the same copyright and proprietary rights notices as are contained in or on the original. This Section shall not apply to any Proprietary Information which the Receiving Party can establish to have: a) been disclosed by the Receiving Party with the Disclosing Partys prior written consent; b) become generally available to the public other than as a result of disclosure by a Receiving Party; c) been independently developed by a Receiving Party by an individual who has not had knowledge of or direct or indirect access to such Proprietary Information; d) been rightfully obtained by the Receiving Party from a third person without knowledge that such third person is obligated to protect its confidentiality; provided that such Receiving Party has no reasonable basis on which to inquire as to whether or not such information was subject to a confidentiality agreement at the time such information was acquired; or e) been obligated to be produced or disclosed by Applicable Law; provided that such production or disclosure shall have been made in accordance with this Section.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 21 Cancels Original Sheet No. 21 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


23. Proprietary Information (contd) If a Receiving Party desires to disclose or provide to the Commission, the FCC or any other governmental authority any Proprietary Information of the Disclosing Party, such Receiving Party shall, prior to and as a condition of such disclosure, (i) provide the Disclosing Party with written notice and the form of such proposed disclosure as soon as possible but in any event early enough to allow the Disclosing Party to protect its interests in the Proprietary Information to be disclosed and (ii) attempt to obtain in accordance with the applicable procedures of the intended recipient of such Proprietary Information an order, appropriate protective relief or other reliable assurance that confidential treatment shall be accorded to such Proprietary Information. If a Receiving Party is required by any governmental authority or by Applicable Law to disclose any Proprietary Information, then such Receiving Party shall provide the Disclosing Party with written notice of such requirement as soon as possible and prior to such disclosure. Upon receipt of written notice of the requirement to disclose Proprietary Information, the Disclosing Party, at its expense, may then either seek appropriate protective relief in advance of such requirement to prevent all or part of such disclosure or waive the Receiving Partys compliance with this Section with respect to all or part of such requirement. The Receiving Party shall use all commercially reasonable efforts to cooperate with the Disclosing Party in attempting to obtain any protective relief which such Disclosing Party chooses to seek pursuant to this Section. In the absence of such relief, if the Receiving Party is legally compelled to disclose any Proprietary Information, then the Receiving Party shall exercise all commercially reasonable efforts to preserve the confidentiality of the Proprietary Information, including cooperating with the Disclosing Party to obtain an appropriate order or other reliable assurance that confidential treatment will be accorded the Proprietary Information.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 22 Cancels Original Sheet No. 22 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


23. Proprietary Information (contd) All Proprietary Information, other than Derivative Information, shall remain the property of the Disclosing Party, and all documents or other tangible media delivered to the Receiving Party that embody such Proprietary Information shall be, at the option of the Disclosing Party, either promptly returned to Disclosing Party or destroyed, except as otherwise may be required from time to time by Applicable Law (in which case the use and disclosure of such Proprietary Information will continue to be subject to this General Statement), upon the earlier of (i) the date on which the Receiving Partys need for it has expired and (ii) the expiration or termination of services under this tariff. At the request of the Disclosing Party, any Derivative Information shall be, at the option of the Receiving Party, either promptly returned to the Disclosing Party or destroyed, except as otherwise may be required from time to time by Applicable Law (in which case the use and disclosure of such Proprietary Information will continue to be subject to this tariff, upon the earlier of (i) the date on which the Receiving Partys need for it has expired and (ii) the expiration or termination of services under this tariff. The Receiving Party may at any time either return to the Disclosing Party or destroy Proprietary Information. If destroyed, all copies shall be destroyed and upon the written request of the Disclosing Party, the Receiving Party shall provide to the Disclosing Party written certification of such destruction. The destruction or return of Proprietary Information shall not relieve any Receiving Party of its obligation to treat such Proprietary Information in the manner required by this tariff.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 23 Cancels Original Sheet No. 23 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


24. Compliance with Applicable Law Each Party state, and law, final awards and under this shall comply at its own expense with all applicable federal, local statutes, laws, rules, regulations, codes, decisional and nonappealable orders, decisions, injunctions, judgments, decrees (Applicable Laws) that relate to its obligations tariff.

Each Party shall be responsible for obtaining and keeping in effect all approvals from, and rights granted by, governmental authorities, building and property owners, other carriers, and any other persons that may be required in connection with the performance of its obligations under this tariff. Each Party shall reasonably cooperate with the other Party in obtaining and maintaining any required approvals and rights for which such Party is responsible. Each Party will be solely responsible at its own expense for the proper handling, storage, transport, treatment, disposal and use of all Hazardous Substances by such Party and its contractors and agents. Hazardous Substances includes those substances (i) included within the definition of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste or pollutant or contaminant under any Applicable Law and (ii) listed by any governmental agency as a hazardous substance.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

1st Revised Sheet No. 24 Cancels Original Sheet No. 24 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

C. TERMS AND CONDITIONS (cont'd)


25. Insurance At all times, each Party shall keep and maintain in force at such Partys expense all insurance required by Applicable Law, general liability insurance in the amount of at least $10,000,000 and workers compensation insurance. Upon request from the other Party, each Party shall provide to the other Party evidence of such insurance. If the attaching party has a net worth in excess of $100,000,000, this insurance may be provided through a program of self-insurance. 26. Warranty Disclaimer Except as expressly provided under this tariff, no party makes or receives any warranty, express, implied or statutory, with respect to the services, functions, products or facilities it provides or is contemplated to provide under this tariff and each party disclaims the implied warranties of merchantability and/or of fitness for a particular purpose.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6
2nd Revised Sheet No. 25 Cancels 1st Revised Sheet No. 25

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations

1. POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

D. FEATURES 1. Standard Features Application Fees Application Fees cover the cost of establishing records, databases and systems, and similar administrative procedures to accommodate an attaching partys requests for attachment. Application Fees are payable with attaching partys initial request for attachment. Application Fees are not refundable. Maps, Records and Information Charges (Information Access) Information access charges cover the cost of administration and participation required to provide viewing of maps, records, drawing and information and researching, preparing and possibly copying maps and/or records, drawing and information. Prior to initiating access to information requester shall deposit with the Company against the charges thereof the Companys estimated amount of charges associated with the Information Access request. The requester shall pay the amount by which the costs of the request exceed the estimate. Company will reimburse to requester the amounts by which the deposit exceeds the actual cost of the request. (C) (C) (C) (C)

Issued under authority of M.P.S.C. Order dated 11/16/99 Issued: April 7, 2000 Effective:

Case No. U-11831 April 10, 2000

By Robin M. Gleason, Vice President - Regulatory Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

Original Sheet No. 26 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

D. FEATURES (cont'd)
1. Standard Features (cont'd) Make Ready Work Charges Charges include all of Companys costs to prepare Structure for the attachments of attaching party, including engineering, field surveys, permits, construction, rearrangement, replacements, inspections, administration and supervision. a. The charges for Make Ready Work are the full cost to the Company to perform the required work. b. Prior to commencing any Make Ready Work by Company, attaching party shall deposit with Company against the Make Ready Work charges Companys estimated amount of the Make Ready Work charges. Attaching party shall pay the amount by which the Make Ready Work Charges exceed the deposit. Company will refund to attaching party the amount by which the deposit exceeds the Make Ready Work Charges. c. For requests for access to Companys conduit or rights-of-way, attaching party shall make separate deposits for field survey Make Ready Work to determine the actual availability of space apparently available based on Companys records and for the Make Ready Work to prepare the rights-of-way or conduit for attaching partys attachment. d. In the event other attaching parties share in the responsibility for the modification to the Companys structure, the deposits required by this section shall be attaching partys proportionate share of the Make Ready Work Charges. Attachment Fees Fees are the recurring charges to attaching party to place its attachments in or on Company structure. (C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

Original Sheet No. 27 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

D. FEATURES (cont'd)
1. Standard Features (cont'd) Attachment Fees (cont'd) a. Attachment Fees are due and payable twice each year in advance. On January 1 of each year, attaching party will be billed for its attachments to Company structure in place and for which Make Ready Work has been completed as of December 1 of the previous year, on July 1 of each year, attaching party will be billed for its attachments to Companys structure in place and for which Make Ready Work has been completed as of June 1. Any attachments made within each billing period will be billed at the time of the attachment for the entire billing period. b. The Attachment Fee for poles applies to each pole on which attaching party has placed its attachments or for which Make Ready Work pursuant to a request for access has been complete. The Attachment Fee applies per pole, per year for each one foot of space occupied by attaching partys attachments and for each power supply or equipment case or cabinet attached to a pole. c. The Attachment Fee for duct or conduit applies to the total number of feet of Company conduit system or ducts in which attaching party has placed attachments or for which Make Ready Work pursuant to a request for access has been completed. The length of the duct or conduit occupied is measured from wall to wall of the manholes, or from the wall of the manhole to the end of the Companys conduit system or duct occupied by the attaching partys attachment, plus the cable racking and maintenance loop space measured by the length of the attaching partys cable within each manhole. If attaching partys partial occupancy of a continuous conduit system or duct renders the remainder or any portion thereof unusable, the Attachment Fee applies to both the portion occupied and the portion rendered unusable. If attaching party occupies an entire duct, the Attachment Fee shall be two times the rate per innerduct foot for the attachment. Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996 By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan (C)

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

Original Sheet No. 28 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

D. FEATURES (cont'd)
1. Standard Features (cont'd) Attachment Fees (cont'd) d. The Attachment Fee for linear rights-of way applies to the total linear footage of strips of land three feet wide suitable for direct buried or trench placement of cable facilities of Company right-ofway in which attaching party has placed attachments or for which Make Ready Work pursuant to a request for access has been completed. e. If attaching partys partial occupancy of a continuous linear rightof-way renders the remainder or any portion thereof unusable, the Attachment Fee applies to both the portion occupied and the portion rendered unusable. The Attachment Fee for attaching partys equipment cabinets or enclosures placed on Company rights-of-way will be priced on a caseby-case basis, depending upon the proposed attachment and the characteristics of the rights-of-way in question including the consumption of usable space of the right-of-way by the attachment and its usability for the attachment of others after the attachment. The Attachment Fees for attaching partys attachments to Company rights-of-way within buildings or on campuses owned by third parties will be priced on a case-by-case basis, depending upon the proposed attachment and the characteristics of the right-of-way in question including the consumption of usable space of the right-of-way by the attachment and its usability for the attachment of others after the attachment, and the cost to the Company of the right-of-way in question. Periodic Inspection Fees cover attaching partys portion of the costs to Company to make periodic inspections of its structure with respect to the attachments of all attaching parties.

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations 1.

Original Sheet No. 29 (C)

POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

D. FEATURES (cont'd)
1. Standard Features (cont'd) Attachment Fees (cont'd) f. The Company reserves the right to price on a case-by-case basis any extraordinary attachment to any of its poles, ducts, conduits or rights-of-way. An extraordinary attachment is any attachment to a pole, duct, or conduit or right-of-way which is not typical of attachments commonly made to poles, ducts, conduits or rights-ofway, as the case may be, and which impacts the usability of the pole, duct, conduit or right-of-way in excess of a typical attachment or which presents greater than typical engineering, reliability, or safety concerns to other users of the duct, pole, conduit or right-of-way. g. The fee for unauthorized attachments to the Companys poles, ducts, conduits or rights-of-way is an amount equal to five (5) times the annual attachment fee for each such unauthorized attachment.

E. TECHNICAL REFERENCES
Subject The Technical Reference can be obtained from: Manager - TIRM Office Ameritech Services, Inc. 2000 W. Ameritech Center Drive, Locn 3B72E Hoffman Estates, IL 60196 Technical Reference

(C)

Material formerly appeared in Part 2, Section 6, Sheet Nos. 1-25. Issued under authority of 1991 PA 179 as amended by 1995 PA 216 Issued: September 27, 1996 Effective: October 1, 1996

By Gail F. Torreano, Vice President - State and Federal Government Detroit, Michigan

MICHIGAN BELL TELEPHONE COMPANY TARIFF M.P.S.C. NO. 20R

Ameritech
Tariff

Exhibit R-___ (ALR-3) MPSC Case No. U-13522 SBC Ameritech Michigan Witness: Rousell PART 2 SECTION 6
1st Revised Sheet No. 30 Cancels Original Sheet No. 30

PART 2 - General Terms and Conditions SECTION 6 - Pole Attachment and Conduit Occupancy Accommodations

1. POLE ATTACHMENT AND CONDUIT OCCUPANCY ACCOMMODATIONS (cont'd)

F. PRICES 1. Service Elements Description Application Fee - per request or assignment Pole Attachment Fee - per pole, per year for each one foot of usable space occupied and for each power supply or equipment case or cabinet attached to a pole Conduit Attachment Fee - per foot of innerduct occupied per year Nonrecurring Charge $200.00 Per Year (C) (C)

$1.48(R) .08(R)

Issued under authority of M.P.S.C. Order dated 11/16/99 Issued: April 7, 2000 Effective:

Case No. U-11831 April 10, 2000

By Robin M. Gleason, Vice President - Regulatory Detroit, Michigan

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