8. Additional Marking and De-energizing
Safeguards
While the signatories to the settlement include the vast majority of joint pole owners and wireless carriers (except for SDG&E), we recognize that some antenna installations on poles under our jurisdiction may not be covered by the terms of the settlement agreement. For example, we recognize that the settlement will not apply to some small electric utilities and small telephone utilities. Similarly, an antenna owner or operator that is not a signatory to the settlement agreement will not be bound by terms of the settlement, and even a signatory utility will not be required by the settlement to replicate its terms with a non-party seeking to install an antenna.13
In response to this incomplete coverage, our order today adopts additional rules that direct that no antenna owner or operator shall install an antenna on a joint use pole unless such installation is subject to an agreement with the pole owner(s) that includes marking and de-energizing protocols that are substantially similar to and achieve at least the same safety standards as those set forth in the settlement agreement approved herein. The settlement agreement states, in relevant part:
1. Markings Related to the FCC's MPE Limits.
The Antenna Owner/Operator shall provide, and update as necessary, accurate information regarding compliance with the Federal Communications Commission's Maximum Permissible Exposure (MPE) limits as set forth in Title 47 of the Code of Federal Regulations (CFR) for each particular Antenna installation. The Antenna Owner/Operator shall communicate such information through the use of a pole mounted marking as described in Exhibit A (Additional Marking Requirements) and in writing to the other utilities and/or companies with facilities affixed to the pole in accordance with Paragraph 4 of this Agreement.
2. Means of De-energizing Antennas.
The Antenna Owner/Operator shall not install an Antenna on a joint use pole that emits RF energy in excess of the FCC's General Population/ Uncontrolled maximum permissible exposure limits as set forth in 47 C.F.R. or effect a change to an existing Antenna site that will cause that Antenna to emit RF energy in excess of the FCC's General Population/Uncontrolled maximum permissible exposure limits as set forth in 47 C.F.R. except by providing to any other utility or company with facilities attached to the affected pole, a locally verifiable means to de-energize said Antenna. The protocols set forth in Exhibit B shall apply to non-emergency or routine working conditions. The protocols set forth in Exhibit C shall apply to emergency working conditions.
3. Exemption.
The provisions of this Agreement shall not apply to Antennas that are exempt from the provisions of General Order 95, Rule 94.
4. Adoption of Operating Procedures.
The Settling Parties further agree to memorialize the agreements set forth in Section 1 and 2 of this Agreement (including the procedures and protocols to be adopted thereunder) in separate, private agreements with affected utilities, companies or municipalities or in the Northern California Joint Pole Association's Operating Routine. Such agreements and procedures shall be adopted in a timely manner and Settling Parties agree to execute any and all supplementary documents and take all actions which may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.
. . .
EXHIBIT A
ADDITIONAL MARKING REQUIREMENTS
Antenna Owner/Operators are responsible for the installation and upkeep of their sign or signs at each joint use site.
a. In addition to the requirements of GO 95, Rule 94.5 (Marking), at a minimum, each Antenna Owner/Operator will also affix a sign that:
(i) identifies the applicable FCC exposure category (General Population/Uncontrolled or Occupational/Controlled);
(ii) identifies the FCC's recommended minimum approach distance as set forth in 47 C.F.R.; and
(iii) is of weather and corrosion resistant material.
b. The Antenna Owner/Operator will place the sign so that it is clearly visible to workers who otherwise climb the pole or ascend by mechanical means and affix said sign:
(i) no less than three (3) feet below the Antenna (measured from the top of the sign); and
(ii) no less than nine (9) feet above the ground line (measured from the bottom of the sign).
c. The Antenna Owner/Operator may install a single sign that contains the information required by GO 95, Rule 94 and section (a) above, or separate signs. In the event one or more Antennas are affixed to a pole, each Antenna Owner/Operator shall provide a sign with sufficient information to allow workers to identify its Antennas.
EXHIBIT B
PROTOCOL FOR DE-ENERGIZING ANTENNAS IN NON-EMERGENCY OR ROUTINE WORKING CONDITIONS
In the event an Antenna subject to Section 2 needs to be de-energized to perform non-emergency work, e.g., routine maintenance and/or repairs, on a joint use distribution pole, the following shall apply:
a. The utility or company shall contact the Antenna Owner/Operator (in the case of a wireless carrier they shall contact the carrier's Network Operations Center) with a minimum of twenty-four (24) hours advance notice. The following information shall be provided:
i) identity of the utility/company representative and call back number
ii) the unique identifier of the Antenna
iii) the site address and/or location, if available
b. The Antenna Owner/Operator shall de-energize the Antenna at the requested time or at a time otherwise mutually agreed upon with the utility.
c. The procedures for de-energizing the subject Antenna shall provide the requesting utility or company with a satisfactory on-site means to verify the Antenna is de-energized.
d. Upon completion of the work on the site, the utility or company shall contact the Antenna Owner/Operator (in the case of a wireless carrier, its Network Operations Center shall be contacted) to inform them that the Antenna may be re-energized.
e. The Antenna shall not be re-energized by the Antenna Owner/Operator without confirmation from the utility or company.
f. The requesting utility or company will only re-energize the Antenna with the Antenna Owner/Operator's prior written consent.
EXHIBIT C
PROTOCOL FOR DE-ENERGIZING ANTENNAS IN EMERGENCY WORKING CONDITIONS
In the event an Antenna subject to Section 2 needs to be de-energized in emergency working conditions, i.e., in a situation where there is an imminent or actual danger to public or worker safety necessitating immediate and non-routine work on the pole, for example in direct response to a fire, explosion, lightning, storm, earthquake, vehicular accident, terrorism, or some other unanticipated and catastrophic event, the following shall apply:
a. The utility or company shall make a good faith effort to contact the Antenna Owner/Operator (in the case of a wireless carrier they shall contact the carrier's Network Operations Center). The following information shall be provided:
i) identity of the utility/company representative and call back number
ii) the unique identifier of the Antenna
iii) the site address and/or location, if available
iv) state nature of the emergency and/or site condition.
b. The Antenna Owner/Operator shall de-energize the Antenna upon request in emergency working conditions.
c. If the requesting utility or company is unable to contact the Antenna Owner/Operator, the requesting utility or company shall de-energize the subject antenna pursuant to mutually agreed upon procedures for that particular type of equipment or by using any necessary means available. The procedures for de-energizing the subject Antenna referred to above shall provide the requesting utility or company with a satisfactory on-site means to de-energize the Antenna that is verifiable.
d. Upon the completion of any necessary work to address the emergency, the utility or company shall notify the Antenna Owner/Operator (in the case of a wireless carrier, its Network Operations Center shall be contacted) that all work has been completed so that the Antenna Owner/Operator can take any necessary actions to re-energize the site.
e. The Antenna shall not be re-energized by the Antenna Owner/Operator without confirmation from the utility or company.
f. The requesting utility or company will only re-energize the Antenna with the Antenna Owner/Operator's prior written consent."
These measures ensure that all utility linemen in California will benefit from the protections established in the settlement. Antenna owners or operators not covered by the settlement agreement may file an advice letter with the Commission to ensure that its antenna installation(s) are subject to an agreement that includes marking and de-energizing protocols that are substantially similar to and achieve at least the same safety standards as those set forth in the settlement agreement.
The importance of uniformity in safety standards is reiterated in the record. Testifying on behalf of CPSD, Raymond Fugere explained that "[t]o ensure worker safety, there's a need for a statewide requirement to provide uniformity for construction of wireless antennas on jointly used poles."14 Marc Brock, testifying on behalf of PG&E, concurred that "there is a need for uniform construction standards for antenna installations. This is needed for worker safety, public safety and system reliability."15
13 In Comments on the Alternate Proposed Decision of Commissioner Brown, the Wireless Parties committed to abide by the terms of the settlement agreement with respect to any antenna placed on any jointly owned or used pole, whether or not the pole owner or other pole users are parties to the settlement. (Id., at 3.)
14 Exhibit 1, Testimony of Raymond Fugere of CPSD, at 3 (Feb. 7, 2006).
15 Exhibit 10, Testimony of Marc Brock of PG&E, at 2 (Feb. 8, 2006).
