UNITED STATES DEPARTMENT OF AGRICULTURE

Rural Electrification Administration

**BULLETIN 1726A-125**

**SUBJECT:** **[Joint Use Agreement With CATV Companies]{.underline}**

**TO:** REA Electric Borrowers and REA Electric Staff

**EFFECTIVE DATE:** Date of Approval

**EXPIRATION DATE:** Seven years from effective date

**OFFICE OF PRIMARY INTEREST:** Distribution Branch, Electric Staff
Division

**FILING INSTRUCTIONS:** This is a new bulletin. File along with

7 CFR 1726 in the blue binders.

**PURPOSE:** The purpose of this bulletin is to (1) furnish REA
borrowers with a sample joint use agreement with CATV companies, (2)
provide borrowers with guidance in executing such an agreement, and (3)
provide borrowers with guidelines regarding construction practices on
joint use poles.

James B. Huff, Sr. 09/17/93

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Administrator Date

**Bulletin 1726A-125**

Page 2

**TABLE OF CONTENTS**

1\. Introduction

2\. Purpose

3\. Application

4\. Execution

APPENDIX: License Agreement

INDEX: Joint Use Agreement With CATV Companies

**ABBREVIATIONS**

CATV Cable Television (Company)

NESC National Electrical Safety Code (Accredited Standards

Committee C2)

**Bulletin 1726A-125**

Page 3

**1. Introduction**: A sample agreement for the joint use of poles,
between REA borrowers and cable television companies, has been
developed. A copy of this agreement, titled \"License Agreement,\" is
attached as an Appendix and a part of this bulletin.

**2. Purpose:** The purpose of this bulletin is to (1) furnish REA
borrowers with a sample joint use agreement with CATV companies for the
joint use of poles, (2) provide borrowers with guidance in executing
such an agreement, and (3) provide borrowers with guidelines for
construction and other related practices regarding joint use poles.

**3. Application:** The attached \"License Agreement\" is provided as a
sample agreement which complies with all of the current, applicable REA
requirements and recommendations.

**3.1** The requirements for conformance to the NESC and other codes and
regulations in Section 2, \"Specifications,\" of the attached \"License
Agreement,\" are currently REA requirements and should remain
essentially unchanged in the final executed agreement. The remaining
provisions of the attached agreement clearly define and document good
construction, maintenance, notification, and billing practices.
Therefore, REA recommends, but does not require, that each one of these
provisions be discussed and agreed upon by the parties, executed and
enforced.

**4. Execution:** REA borrowers may execute the attached agreement
without modifications, by filling in the appropriate information and
securing the proper signatures. Alternately, the borrowers may modify
the sample agreement as may be appropriate or required before signing.
In either event, before executing the agreement, the borrower is advised
to compare its provisions with the current requirements and guidelines
of: (1) REA; (2) national, state, and local governing authorities having
jurisdiction over contractual agreements and construction practices of
the parties of the agreement; and (3) applicable national, state, and
local safety and construction codes. The borrower is advised to have the
agreement reviewed by a corporate attorney for form and content before
execution.

LICENSE AGREEMENT

(SAMPLE FORMAT)

PAGES 1-8

AVAILABLE IN HARD COPY ONLY

EXHIBIT \"A\"

LOCATION OF THE LICENSES DISTRIBUTION SYSTEM SERVICE AREA MAP

PAGE 9

AVAILABLE IN HARD COPY ONLY

EXHIBIT \"B\"

RULES AND PRACTICES FOR TELEVISION ATTACHMENTS

PAGES 10-11

AVAILABLE IN HARD COPY ONLY

EXHIBIT \"C\"

APPLICATION AND PERMIT FOR USE OF POLES

PAGE 12

AVAILABLE IN HARD COPY ONLY

EXHIBIT \"C1\"

ATTACHEMENTS TO BE INSTALLED

PAGE 13

AVAILABLE IN HARD COPY ONLY

EXHIBIT \"D\"

NOTIFICATION OF REMOVAL

PAGE 14

AVAILABLE IN HARD COPY ONLY

DRAWINGS NUMBERS 1-6

AVAILABLE IN HARD COPY ONLY