Amplex Policies on ROW and Communication Line Heights:

 

 

“When we are able to deploy broadband ubiquitously, think of all the things we will be able to design, harvest, and develop … Broadband in rural America will be as transformative in the 21st century as rural electrification was in the last century.” - U.S. Secretary of Agriculture Sonny Perdue

 

High-speed Internet access across America today is characterized by a stark infrastructure gap between rural and urban areas. While urban centers enjoy widespread availability of high-speed Internet service, much of rural America has yet to be connected, and of the 24 million Americans living in households that do not have access to a fixed terrestrial (nonmobile or satellite) broadband provider, 80 percent of them live in rural areas, according to the latest FCC data.[i]

 

The policy of both Ohio and the federal government is that broadband service be made available to all Americans.   This policy is widely supported by both political parties. 

 

Amplex has always concentrated on delivering broadband services in rural areas.   The deployment of service to rural areas using fiber is a major investment in our communities with long term benefits for the businesses, residents, and farmers.

 

Deployment of fiber cable can be either buried, or placed above ground (aerial) on poles.   The choice between buried and aerial installation is dependent on a number of factors including cost, speed to market, ground conditions, and infrastructure availability.    Where existing poles are available, aerial is often the least expensive and fastest deployment method. 

 

Aerial and underground cable is installed in public Right of Way (ROW) and/or private easements.    ROW and easements are legal categories that allow a person or company use land that owned by others.    Access to the ROW by communications providers is established by both the Ohio Revised Code, and through the Public Utilities Commission of Ohio (PUCO)[ii]  Amplex holds a Certificate of Public Convenience and Necessity, issued by the Public Utility Commission of Ohio. 

 

In Ohio, deeds to property may or may not include the public ROW in the legal land description.   In many counties the legal description of a parcel goes to the centerline of the road and includes the road in the deed.   Note that the legal centerline of the road is rarely actually in the physical center of the road for a variety of reasons.   In many cases the deed to the land will have a recorded easements describing the public ROW and a number of utility easements.    There are also cases where the establishment of a road creates a ROW without an explicit easement on file. 

 

Control of Right Of Way resides with the political entity having jurisdiction.   In unincorporated areas this is often the County Engineer.   Other controlling entities include the Ohio Department of Transportation (ODOT), the Turnpike Commission, Cities, Villages, and Townships.

 

In municipal areas, developments are often ‘platted’.  The plats will typically identify both ROW and public utility easements where utility lines may be placed without obtaining an explicit easement from each lot holder. 
It is not uncommon for the utility easements to be located in the rear of house lots that have been fenced or divided.   The easement (and access to the easement) exists even if it is inside an enclosed area.

 

When cables are installed on poles there are standards for the placement of the cable for safety reasons.   These standards are set on a national basis by the National Electric Safety Council.   Ohio by way of administrative code Rule 4901:1-10-06 | "National Electrical Safety Code" requires adherence to the 2017 version of the NESC. This standard set the minimum height for cable and clearances from electrical power lines.

 

The following minimum clearances are set by the 2023 NESC:

 

Over Railroads:                                   23.5” over the railroad track

Over Roads:                                        15.5’ over pavement

Over Fields:                                         15.5’ over ground, measured vertically from ground (not the road)

Over Fields (pedestrians):                   9.5’

From Power Conductors:                    40” to neutral or lowest power, 30” to grounded transformer,

             12” at midspan to neutral.

 

Amplex, with very few exceptions, does not own utility poles.  The pole owner specifies to Amplex the height at which cables are to be placed on any given pole.   Amplex will typically place cables at the highest available location on a pole, which is typically 40” below the power company neutral at the pole.

Poles are marked with an identification tag.   All 'Joint Use' (JU) cables have a plastic identifier tag with the JU's name and number attached to the cable at least every 4th pole.    Amplex will place a tag at every pole, other JU's will follow company practice or the requirements of the pole owner.   Unmarked lines are typically the property of the pole owner.   There are extensive fiber deployments in the area by Everstream, IFN, Buckeye, ACD, Frontier, Brightspeed, Windstream, AT&T, village and town utility departments, school districts, and many others.    To identify a line, use binoculars or zoom in with a picture on a camera to read the tag.   DO NOT contact the line, place a ladder, or climb a pole to identify a cable.   If you cannot identify a cable, contact the pole owner to request assistance.

 

Specific Pole Owners:

 

Toledo Edison:   Toledo Edison follows the NESC rules, and will not typically agree to raise or adjust power conductors on a pole to provide additional clearance, even when they result in minimal clearance for farm equipment.

 

Ohio Edison:  Same as Toledo Edison

 

Hancock Wood Electric (HWE):   HWE follows the NESC, but attempts to provide additional clearance for both power and communication lines.   HWE prefers 60” clearance between the power neutral and communication lines on poles 40ft and larger.    HWE’s current policy when replacing poles is to provide a communication cable attachment height of ~22’ above ground at the pole.   The ‘additional height’ replacement policy has been in place for approximately 20 years.    Areas that have not been rebuilt will have lower ground clearance until they are rebuilt as part of routine power system maintenance.

 

Request for field access:

 

Amplex will attempt to work with farmers to provide access to fields with oversize equipment on a case-by-case basis.   If we are able to find a solution that does not violate safety standards to raise lines we will do so.    We CAN NOT provide unrestricted access along the entire perimeter of fields.  For requests that require pole replacement, or conversion to underground placement, these will be addresses on an individual basis.   Pole replacement is at the discretion of the utility owning the pole, and will likely require a payment to the utility.    Amplex reserves the right to charge for work and expenses incurred to exceed the NESC requirements.

 

Safety Issues:

 

It is NOT SAFE to push, lift, or contact the fiber optic cables and/or the suspension.    It is not safe to place unloading augers or other equipment between the fiber and power cables.  While the fiber itself is non-conductive, the metal armor of the cable is conductive.   The suspension strand is also highly conductive and may be energized or become energized.   Any number of fault conditions can result in a shock hazard due to contact with lines.

 

Never contact aerial lines.  There is a serious risk of electrocution and burns.  It is not safe to assume the lowest power line is a grounded neutral or that the nearest conductor to a fiber cable is not energized.

 

Damage to Fiber Lines:   

 

Damage to fiber lines that are installed per the NESC are the responsibility of the party that causes the damage.   Amplex is not responsible for damage caused by impacting lines at the permitted height, even in the event we were notified of the intention to pass oversize equipment under them. 

 

Oversize vehicles operated on public roads:

 

The maximum permitted vehicle height in Ohio is 13’ 6”.   Exceptions to this rule include loads with oversize permits issues by the State of Ohio, emergency vehicles, and farm equipment.[iii]

 

While farmers are permitted to operate oversize vehicles on the roads without obtaining a permit, this does not require Amplex to provide clearances, or exempt farmers from liability or damage due to the operation of equipment exceeding 13’ 6” in height.  

 

From the Ohio statute (https://codes.ohio.gov/ohio-revised-code/section-119.13):

 

This section does not require the state, a municipal corporation, county, township, or any railroad or other private corporation to provide sufficient vertical clearance to permit the operation of such vehicle, or to make any changes in or about existing structures now crossing streets, roads, and other public thoroughfares in this state.