Empathy List Archives

K

Kim@spadylaw.com

Mon, Aug 9, 2021 4:03 PM

I just noticed that PSO is now including the right to "allow others who have
a permitted right given by Grantor, or as may otherwise be authorized or
required by applicable law, to attach telecommunications and cable
facilities to its poles and structures on such conditions as it considers
just and reasonable and in compliance with applicable law."

Has anyone else noticed this? My first reaction is that I don't like it
because of the "or as may otherwise be authorized" verbiage.

Any thoughts?

Thanks,

Kim Spady

I just noticed that PSO is now including the right to "allow others who have a permitted right given by Grantor, or as may otherwise be authorized or required by applicable law, to attach telecommunications and cable facilities to its poles and structures on such conditions as it considers just and reasonable and in compliance with applicable law." Has anyone else noticed this? My first reaction is that I don't like it because of the "or as may otherwise be authorized" verbiage. Any thoughts? Thanks, Kim Spady

JM

Jon Miller

Mon, Aug 9, 2021 4:20 PM

The verbiage "or as may otherwise be authorized" my be included because of the small wireless facilities laws enacted by Oklahoma and by various municipalities that may require that PSO allow third parties to collocate on its poles. Not certain whether PSO is an investor owned electric cooperative such that its facilities are excluded from the definition of "utility pole" under those laws and ordinances. That is my initial thought.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Monday, August 9, 2021 11:04 AM
To: oama@lists.imla.org
Subject: [Oama] PSO Franchise

I just noticed that PSO is now including the right to "allow others who have a permitted right given by Grantor, or as may otherwise be authorized or required by applicable law, to attach telecommunications and cable facilities to its poles and structures on such conditions as it considers just and reasonable and in compliance with applicable law."

Has anyone else noticed this? My first reaction is that I don't like it because of the "or as may otherwise be authorized" verbiage.

Any thoughts?

Thanks,
Kim Spady

The verbiage "or as may otherwise be authorized" my be included because of the small wireless facilities laws enacted by Oklahoma and by various municipalities that may require that PSO allow third parties to collocate on its poles. Not certain whether PSO is an investor owned electric cooperative such that its facilities are excluded from the definition of "utility pole" under those laws and ordinances. That is my initial thought. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Kim@spadylaw.com <Kim@spadylaw.com> Sent: Monday, August 9, 2021 11:04 AM To: oama@lists.imla.org Subject: [Oama] PSO Franchise I just noticed that PSO is now including the right to "allow others who have a permitted right given by Grantor, or as may otherwise be authorized or required by applicable law, to attach telecommunications and cable facilities to its poles and structures on such conditions as it considers just and reasonable and in compliance with applicable law." Has anyone else noticed this? My first reaction is that I don't like it because of the "or as may otherwise be authorized" verbiage. Any thoughts? Thanks, Kim Spady

K

Kim@spadylaw.com

Mon, Aug 9, 2021 4:26 PM

Thanks, Jon. So should PSO pay a franchise fee to municipality of 2% of the
lease payments it receives when it rents out space?

Would the municipality be compensated otherwise for the wireless provider's
use of the right of way?

From: Jon Miller JMiller@cityofmustang.org
Sent: Monday, August 9, 2021 11:21 AM
To: Kim@spadylaw.com; oama@lists.imla.org
Subject: [Oama] Re: PSO Franchise

The verbiage "or as may otherwise be authorized" my be included because of
the small wireless facilities laws enacted by Oklahoma and by various
municipalities that may require that PSO allow third parties to collocate on
its poles. Not certain whether PSO is an investor owned electric
cooperative such that its facilities are excluded from the definition of
"utility pole" under those laws and ordinances. That is my initial thought.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is
privileged or confidential. If you received this email in error, please
notify the sender by reply email and delete the email and any attachments.
If you are a and officer, employee or agent of the City of Mustang, you
should not share this email with others. Sharing this email may result in a
loss of the attorney-client privilege.

From: Kim@spadylaw.com mailto:Kim@spadylaw.com <Kim@spadylaw.com
mailto:Kim@spadylaw.com >
Sent: Monday, August 9, 2021 11:04 AM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] PSO Franchise

I just noticed that PSO is now including the right to "allow others who have
a permitted right given by Grantor, or as may otherwise be authorized or
required by applicable law, to attach telecommunications and cable
facilities to its poles and structures on such conditions as it considers
just and reasonable and in compliance with applicable law."

Has anyone else noticed this? My first reaction is that I don't like it
because of the "or as may otherwise be authorized" verbiage.

Any thoughts?

Thanks,

Kim Spady

Thanks, Jon. So should PSO pay a franchise fee to municipality of 2% of the lease payments it receives when it rents out space? Would the municipality be compensated otherwise for the wireless provider's use of the right of way? From: Jon Miller <JMiller@cityofmustang.org> Sent: Monday, August 9, 2021 11:21 AM To: Kim@spadylaw.com; oama@lists.imla.org Subject: [Oama] Re: PSO Franchise The verbiage "or as may otherwise be authorized" my be included because of the small wireless facilities laws enacted by Oklahoma and by various municipalities that may require that PSO allow third parties to collocate on its poles. Not certain whether PSO is an investor owned electric cooperative such that its facilities are excluded from the definition of "utility pole" under those laws and ordinances. That is my initial thought. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Kim@spadylaw.com <mailto:Kim@spadylaw.com> <Kim@spadylaw.com <mailto:Kim@spadylaw.com> > Sent: Monday, August 9, 2021 11:04 AM To: oama@lists.imla.org <mailto:oama@lists.imla.org> Subject: [Oama] PSO Franchise I just noticed that PSO is now including the right to "allow others who have a permitted right given by Grantor, or as may otherwise be authorized or required by applicable law, to attach telecommunications and cable facilities to its poles and structures on such conditions as it considers just and reasonable and in compliance with applicable law." Has anyone else noticed this? My first reaction is that I don't like it because of the "or as may otherwise be authorized" verbiage. Any thoughts? Thanks, Kim Spady