2022-071 Status of Joint Use Agreements and Stub Pole RemovalOctober 28, 2022 Report No. 2022-071
INFORMAL STAFF REPORT
TO CITY COUNCIL
SUBJECT: Status of Joint Use Agreements and Stub Pole Removal
BACKGROUND:
Council Member McGee requested information regarding power lines and line clean up in Southeast Denton. Additionally, Denton Municipal Electric (DME) understands that other past and current Council Members have shared interest in this subject and the related efforts to remove
stub poles.
Many telecommunication companies that provide service to the citizens of Denton utilize DME poles to install overhead copper and/or fiber lines to expand their system in the city of Denton (City). When DME constructs improvements on its electric system it often requires the
replacement of existing wood poles to achieve either regulatory clearances or for safety purposes.
At the locations where a DME pole has been replaced, electric equipment is transferred to the new pole and the old pole is cut above the location of the telecommunication lines. These poles are commonly referred to as “stub poles” but may also be called, “topped” or “topped off” poles. Notice is provided to the telecommunication company(-ies) to transfer cables to the new pole or
pole line; however, this transfer often does not take place, leaving multiple poles at a single
location.
DISCUSSION:
The City has multiple locations throughout its service territory where stub
poles exist. Currently, DME estimates about 558 stub poles in the system.
Appendix 1 reflects the locations of these poles. Additionally, some stub
poles are owned by the telecommunications company and, as such, would
likely remain. Image 1 is representative of one of these installations where
the stub pole is less than 10 feet away from an existing DME pole.
Joint Use Agreements
The City’s Legal team, along with DME, are working with Lloyd Gosselink,
Rochelle & Townsend P.C. to assist with the development of a joint use
agreement. An existing “pole attachment” agreement was negotiated with
the University of North Texas, Unite Private Networks, and MCI Metro.
These agreements may need to be replaced once a final joint use agreement
is developed.
Image 1
October 28, 2022 Report No. 2022-071
Action Plan
DME will continue to work with attorneys to develop a joint use agreement that may be used with all telecommunication companies. Once completed, DME will coordinate with telecommunication
companies to execute these agreements and ensure a working relationship to address the stub pole issue. If staff are unable to get agreements in place, DME may need to explore other legal remedies, including relocation of communication lines by qualified contractors at its expense and to seek reimbursement from the telecommunication companies. Staff would anticipate an initial budgetary impact which staff would plan to discuss with the PUB and City Council in next year’s budget
process.
STAFF CONTACT: Jerry Fielder, P.E; Division Engineering Manager
REQUESTOR:
Staff Initiated
STAFF TIME TO COMPLETE REPORT: 12 hours
October 28, 2022 Report No. 2022-071
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