Pole Attachments

Eligible entities include providers of cable television, telecommunication, and certain other data or communication services, including wireless service, who possess the right by virtue of city, state, or federal law to access and operate on electric utility infrastructure.

• Application for Permit (APPENDIX C)
• Map of Poles' Location (PDF and KMZ)
• Professional Engineer Letter (P.E. Sealed)
• Pole Loading Analysis Report (P.E. Sealed)
• Pole Loading Analysis Models (Only O-Calc Pro files are acceptable)
• Attachment Application Summary listing all Make-Ready Work (P.E. Sealed)

The Brownsville Public Utilities Board (BPUB) calculates the Annual Pole Attachment Fee utilizing the annual rate escalation factors derived from the Handy-Whitman Index, Table E-4 "Poles, Towers, & Devices"; South Central Region.

BPUB uses the FCC Formula applicable to providers of telecommunications services, as amended from time-to-time, and, pursuant to Texas Utilities Code § 54.204(c), charges a pole attachment rate that does not exceed the fee the Utility would be permitted to charge under rules adopted by the FCC under 47 U.S.C. § 224(e) if the Utility's rates were regulated under federal law and the rules of the FCC, or as otherwise permitted by applicable law.

BPUB plans to discontinue use of the Handy-Whitman Index and transition to an FCC-based rate structure through the execution of new pole attachment agreements with attaching entities.

Make-ready work means all work, as reasonably determined by BPUB, required to accommodate Licensee's Attachments and/or to comply with all Applicable Standards. Such work includes, but is not limited to, rearrangement, relocation and/or transfer of existing Attachments, inspections, engineering work, permitting work, tree trimming to accommodate Licensee's Attachments (other than tree trimming performed for normal maintenance purposes), pole strengthening, or pole replacement and construction. The pole attacher is responsible for all make-ready work charges.

• Any communication equipment installed without a fully executed Pole Attachment License Agreement, or for which the attacher failed to obtain a permit, or which is not in compliance with the requirements for the permit issued.
• Yard-sale or political signs, banners, flags, balloons, or holiday decorations
• Lighting fixtures, satellite dishes, security cameras, birdhouses, deer-stand supports, or similar hardware
• Barbed wire, fencing, ropes, or chains used to anchor nearby structures

Any attachment identified as having been installed without prior authorization will be subject to an unauthorized attachment charge equal to three (3) times the applicable annual attachment fee, assessed per occurrence, per attachment.

Each application shall be limited to a maximum of forty (40) proposed pole attachments. Applications exceeding this limit will not be accepted and must be divided into separate submissions.

Under normal circumstances, BPUB will process complete pole attachment applications within twenty (20) business days after receiving all required documentation.

Any dispute concerning a pole attachment application will first be addressed through good faith negotiations between the parties. If resolution is not reached, the matter may be escalated in accordance with the governing agreement and applicable regulatory procedures.

To request a survey or inspection of existing attachments, submit a written request that includes the pole numbers, locations, and reason for the request. BPUB will review the request and coordinate scheduling, access, and any applicable fees.