Utility poles are a crucial part of the infrastructure of every city and town. They provide electricity, telephone and internet service, and much more. Of course, this means that a variety of private corporations and public organizations all need to make use of these utility poles to provide the services they offer.
Rather than installing dozens of poles in a given area, each owned by a different company, companies enter into utility pole joint use agreements to share the use of these critical structures. With a joint use agreement, attachers lease the right to attachments on the pole from the pole owner. However, this has become significantly more complex in recent years, with rates increasing along with demand.
In this article, we’ll discuss the main features of these joint use agreements as well as how to manage joint use for both owners and tenants.
Roles of Owner and Tenant
The first thing a utility pole joint use agreement establishes is who the owner is—be it an investor-owned utility, cooperative, or municipality—and who the tenants are. Pole tenants, also known as attachers, are entities that wish to make use of the pole to provide their service. Each attacher on a given utility pole should be aware of one another and coordinate the work that they do.
Construction and Placement of New Poles
Often, the agreement will require owners to inform potential attachers of their intent to construct. If an organization wishes to replace or move a utility pole, it must inform tenants before doing so. This way, all attachers can move to the new poles in a timely manner, avoiding delays to the owner, other tenants, and construction projects waiting on the move. As with every aspect of utility pole joint use, communication is key to efficiently maintaining important services.
Requirements for Attaching to Poles
When a deal is reached between owners and tenants, the terms of their arrangement will be written into the joint use agreement. This will include any application fees, inspection fees, rental fees, and other up-front costs. The agreement will also detail the payments that the tenants will make and when they are expected to make them. The consequences that will occur if the tenant fails to make their payment on time are also included. Each attacher is responsible for constructing and maintaining their facilities in compliance with the pole owner’s engineering standards and industry safety codes. Noncompliant installations are subject to penalty fees or removal.
Maintenance
A joint use agreement will detail the responsibilities of all parties involved regarding the maintenance and repair of utility poles. This element is among the most important parts of the agreement because the safety of workers and the public depends on it.
Of course, tenants will expect the utility poles they are paying to attach to be well-maintained. Pole maintenance is a complex process that requires regular inspections and communication between all parties involved. If a utility pole comes down in a storm, for instance, fast communication and repairs are essential to getting services up and running as quickly as possible.
It is usually the responsibility of the owner to order any necessary maintenance, but it may be the tenant who notices that there is a problem that needs to be addressed in the first place. Therefore, there may be a clause in the agreement requiring the tenant to inform the owner of any issues that arise.
Rights of Other Parties
A joint use agreement isn’t just between two parties: there are often many entities who will be attaching to the same pole. Each of these parties has its own rights when it comes to the joint use agreement, and these should be made clear by the terms of the agreement itself. The agreement details what each tenant can expect should another tenant be added to the pole and the terms by which tenants should communicate with one another.
Terms of Ending the Agreement
Should any of the parties involved wish to end their involvement in the utility pole joint use agreement, the agreement will spell out the terms for doing so. In most cases, it will be expected that the tenant planning to abandon the pole should inform the owner in a timely fashion. It will detail the process for tenants to remove their attachments, ensuring that notifications and fieldwork are handled in an appropriate manner by all parties.
Try Joint Use Software
Your best option for managing all the disparate elements of joint use is finding software tailored to the job. Managing joint use agreements involves a lot of paperwork and is susceptible to human error. The proper software can greatly streamline the process and reduce your workload. Joint use software handles every part of the utility pole agreement for you and is shared among all parties.
The right joint use software, such as Joint Use 365, not only stores utility pole joint use agreements and connects the agreement with permit and pole asset records, but also manages scheduling, maintenance, and billing. It’s a great way to keep track of insurance and other back-office processes. This software can be easily configured to match the needs of any utility pole owner, taking any guesswork out of the job. Learn more on the Joint Use 365 website.
