Cell Tower Lease
Basic Information
Date:
Landlord:
Landlord’s Address:
Tenant:
Tenant’s Address:
[Include if applicable: Guarantors:]
[Include if applicable: Guarantors’ Addresses:]
Site: That certain parcel of real property depicted on Exhibit A and legally described on Exhibit D, together with any easements appurtenant thereto.
Tower: A communications tower best described at approximately the following location:
911 Address (if applicable):
FCC ASR# (if applicable):
Latitude:
Longitude:
Tower Leased Premises: The space on the Tower reserved for the installation of Tenant’s antennas and appurtenant Equipment, depicted on Exhibit B and described as follows: [describe tower leased premises]
Ground Leased Premises: Ground Space comprising a portion of the Site for placement of Tenant’s Equipment as depicted on Exhibit A and described as follows: [describe ground leased premises]
Ground Space: Approximately [number] square feet.
Leased Premises: The Ground Leased Premises, the Tower Leased Premises, and nonexclusive use of space to connect Tenant’s Equipment on the Ground Leased Premises, together with nonexclusive easements for access and utilities to Tenant’s Equipment.
Tenant’s Equipment: The equipment listed on Exhibit C attached hereto, as modified, changed, or substituted with the prior written approval of Landlord.
Term (months):
Commencement Date:
Termination Date:
Extension Terms:
Base Rent (monthly):
Capital Contribution Fee: Tenant shall pay Landlord on or before the Commencement Date a capital contribution of $[amount] toward the costs associated with modifications of the Site and Tower related to this Lease.
Security Deposit: $[amount]
Permitted Use: Tenant will use the Leased Premises only for the purpose of placing, maintaining, and operating Tenant’s Equipment and uses directly incidental thereto.
Tenant’s Insurance: As required by the Insurance Addendum attached hereto as Exhibit E.
Landlord’s Insurance: As required by the Insurance Addendum attached hereto as Exhibit E.
A.Definitions
A.1.“Agent” means agents, employees, officers, directors, members and partners of the principal, and, to the extent under the control of the principal, invitees.
A.2.“Injury” means (a) harm to or impairment or loss of property or its use, (b) harm to or death of a person, or (c) “personal and advertising injury” as defined in the form of liability insurance Tenant is required to maintain.
A.3.“Lienholder” means the holder of a deed of trust encumbering the Leased Premises.
A.4.“Rent” means Base Rent plus any other amounts of money payable by Tenant to Landlord.
B.Tenant’s Obligations
B.1.Tenant agrees to—
B.1.a.Lease the Leased Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.
B.1.b.Accept the Site and Leased Premises in their present condition “AS IS,” the Leased Premises being currently suitable for the Permitted Use.
B.1.c.Comply with (i) all laws and requirements relating to Tenant’s use, maintenance, and occupancy of the Leased Premises and use of Tenant’s Equipment and (ii) any requirements of Landlord, including the Communications Tower Safety Standards attached hereto as Exhibit F.
B.1.d.Coordinate all filings with the Federal Aviation Administration (“FAA”) and/or the FCC related to the Tower height, location, or NEPA with Landlord and allow Landlord to handle, at Tenant’s sole cost and expense, any amended filings with the FAA or FCC needed to accommodate Tenant’s Equipment or operations.
B.1.e.Pay monthly, in advance, without demand, on the first day of the month, the Base Rent to Landlord at Landlord’s Address.
B.1.f.Pay a late charge of 5 percent of any Rent not received by Landlord by the tenth day after it is due.
B.1.g.Obtain and pay for all utility services used by Tenant and not provided by Landlord.
B.1.h.Pay Tenant’s pro rata share of any utility services provided by Landlord.
B.1.i.Allow Landlord to enter the Leased Premises to perform Landlord’s obligations, inspect the Leased Premises, and show the Leased Premises to prospective purchasers or tenants.
B.1.j.Repair, replace, and maintain in good condition any part of the Leased Premises and Tenant’s Equipment.
B.1.k.Repair and replace any property of Landlord, or any property of any other tenant of the Site, that is damaged or adversely affected by reason of the installation, maintenance, use, or removal by Tenant of Tenant’s Equipment. Any repairs to the Tower or to the property of any other tenant will, at Landlord’s sole option, be performed by or on behalf of Landlord at Tenant’s sole expense.
B.1.l.Install Tenant’s Equipment and all subsequent approved substitutions to Tenant’s Equipment and perform all other work on the Tower and at the Site (collectively, the “Work”) in a good and workmanlike manner using prime quality materials (i) complying with the Communications Tower Safety Standards attached as Exhibit F; (ii) using only licensed, qualified, and reputable contractors or mechanics; (iii) performing the Work in accordance with detailed plans and specifications approved in writing by Landlord, such approval not to be unreasonably withheld, conditioned, or delayed; (iv) incorporating any reasonable modifications, terms, and conditions imposed by Landlord; and (v) beginning the Work only after it has obtained all required permits and delivered copies to Landlord.
B.1.m.Be solely responsible for the safe and proper design, construction, and installation of the Work.
B.1.n.Require that any of its contractors or subcontractors working on the Tower and at the Site have and provide to Landlord evidence of insurance coverage with reputable carriers licensed to do business in Texas in accordance with the provisions of Exhibit E.
B.1.o.Vacate the Leased Premises and return all keys to the Leased Premises on the last day of the Term.
B.1.p.Indemnify, Defend, and hold Landlord, Lienholder, and their respective Agents, successors, and assigns harmless from any Injury (and any resulting or related claim, action, loss, liability, or reasonable expense, including attorney’s fees and other fees and court and other costs) occurring, either before or after the end of the Term, in any portion of the Leased Premises if caused, in whole or in part, by the acts or omissions of Tenant, its Agents, successors, and assigns, or those acting on Tenant’s behalf, including in whole or in part by their negligent acts or omissions. The indemnity contained in this paragraph (i) is independent of Tenant’s Insurance, (ii) will not be limited by comparative negligence statutes or damages paid under the Workers’ Compensation Act or similar employee benefit acts, (iii) will survive the end of the Term, and (iv) will apply even if an Injury is caused in part by the ordinary negligence or strict liability of Landlord, Lienholder, or their respective Agents, successors, and assigns but will not apply to the extent an Injury is caused, in whole or in part, by the gross negligence or willful misconduct of Landlord, Lienholder, or their respective Agents, successors, and assigns.
B.1.q.Contract with utility companies serving the Site for Tenant’s utility needs and promptly pay cost of the utility services. Under the direction of Landlord, Tenant may, at Tenant’s cost and expense, tie the Leased Premises into the electric system serving the Site, if available, and will install a separate meter for the measurement of electricity used or consumed by Tenant.
B.2.Tenant agrees not to—
B.2.a.Use the Leased Premises for any purpose other than the Permitted Use.
B.2.b.Create a nuisance.
B.2.c.Permit any waste.
B.2.d.Use the Leased Premises in any way that would increase insurance premiums or void insurance on the Leased Premises.
B.2.e.Change Landlord’s lock system.
B.2.f.Alter the Leased Premises.
B.2.g.Allow a lien to be placed on the Leased Premises.
B.2.h.Assign this Lease or sublease any portion of the Leased Premises without Landlord’s written consent.
B.2.i.Record this Lease, or a memorandum thereof, in any public records.
B.2.j.Use any equipment that causes, or may cause, interference with any other antenna or equipment at the Site as of the Term Commencement Date.
C.Landlord’s Obligations
C.1.Landlord agrees to—
C.1.a.Lease to Tenant the Leased Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.
C.1.b.Obey all laws relating to Landlord’s operation of the Leased Premises.
C.1.c.Furnish access to the Leased Premises on a twenty-four-hours-a-day, seven-days-a-week basis to Tenant and Tenant’s persons, agents, contractors, and other designees.
C.1.d.Return the Security Deposit to Tenant, less itemized deductions, if any, on or before the sixtieth day after the date Tenant surrenders the Leased Premises.
C.1.e.Before Tenant’s installation of Tenant’s Equipment, obtain from a licensed engineer chosen by Landlord at Tenant’s expense a certification that the structural and loading capacity of the Tower is sufficient for Tenant’s Equipment and that Tenant’s installation of Tenant’s Equipment in accordance with the approved plans and specifications will comply with all applicable federal, state, and local laws, regulations, and standards.
C.1.f.Approve or disapprove in writing Tenant’s plans and specifications within [number] days of receipt.
C.2.Landlord agrees not to—
C.2.a.Interfere with Tenant’s possession of the Leased Premises as long as Tenant is not in default.
C.2.b.Unreasonably withhold consent to a proposed assignment or sublease.
D.General Provisions
Landlord and Tenant agree to the following:
D.1.Alterations. Any physical additions or improvements to the Leased Premises made by Tenant will become the property of Landlord. Landlord may require that Tenant, at the end of the Term and at Tenant’s expense, remove any physical additions, improvements, and Tenant’s Equipment; repair any alterations; and restore the Leased Premises to the condition existing at the Commencement Date, normal wear excepted.
D.2.Abatement. Tenant’s covenant to pay rent and Landlord’s covenants are independent. Except as otherwise provided, Tenant may not abate Rent for any reason.
D.3.Insurance. Tenant and Landlord will maintain the respective insurance coverages described in the Insurance Addendum attached as Exhibit E.
D.4.Release of Claims/Subrogation. Landlord and Tenant release each other, Lienholder, and their respective Agents, successors, and assigns from all claims or liabilities for damage to the Leased Premises, damage to or loss of personal property within the Leased Premises, and loss of business or revenues that are insured by the releasing party’s property insurance or that would have been insured by the required insurance if the party fails to maintain the property coverages required by this Lease. The party incurring the damage or loss will be responsible for any deductible or self-insured retention under its property insurance. Landlord and Tenant will notify the issuing property insurance companies of the release set forth in this paragraph and will have the property insurance policies endorsed, if necessary, to prevent invalidation of coverage. This release will not apply if it invalidates the property insurance coverage of the releasing party. The release in this paragraph will apply even if the damage or loss is caused, in whole or in part, by the ordinary negligence or strict liability of the released party or its Agents, successors, and assigns but will not apply to the extent the damage or loss is caused in whole or in part by the gross negligence or willful misconduct of the released party or its Agents, successors, and assigns.
D.5.Casualty/Total or Partial Destruction
D.5.a.If the Leased Premises are damaged by casualty and can be restored within ninety days, Landlord will, at its expense, restore the roof, foundation, and structural soundness of the exterior walls of the Leased Premises and any leasehold improvements within the Leased Premises that are not within Tenant’s rebuilding obligations to substantially the same condition that existed before the casualty, and Tenant will, at its expense, be responsible for replacing any of its damaged furniture, fixtures, and personal property and performing Tenant’s rebuilding obligations. If Landlord fails to complete the portion of the restoration for which Landlord is responsible within ninety days from the date of written notification by Tenant to Landlord of the casualty, Tenant may terminate this Lease by written notice to Landlord before Landlord completes Landlord’s restoration obligations.
D.5.b.If Landlord cannot complete the portion of the restoration for which Landlord is responsible within ninety days, Landlord has an option to restore the Leased Premises. If Landlord chooses not to restore, this Lease will terminate. If Landlord chooses to restore, Landlord will notify Tenant in writing of the estimated time to restore and give Tenant an option to terminate this Lease by notifying Landlord in writing within ten days from receipt of Landlord’s estimate. If Tenant does not notify Landlord timely of Tenant’s election to terminate this Lease, the Lease will continue and Landlord will restore the Leased Premises as provided in subparagraph D.5.a. above.
D.5.c.To the extent the Leased Premises are untenantable after the casualty, the Rent will be adjusted as may be fair and reasonable.
D.6.Condemnation/Substantial or Partial Taking
D.6.a.If the Leased Premises cannot be used for the purposes contemplated by this Lease because of condemnation or purchase in lieu of condemnation, this Lease will terminate.
D.6.b.If there is a condemnation or purchase in lieu of condemnation and this Lease is not terminated, Landlord will, at Landlord’s expense, restore the Tower Leased Premises, and the Rent payable during the unexpired portion of the Term will be adjusted as may be fair and reasonable.
D.6.c.Tenant will have no claim to the condemnation award or proceeds in lieu of condemnation.
D.7.Uniform Commercial Code. Tenant grants Landlord a security interest in Tenant’s personal property now or subsequently located on the Leased Premises. This Lease is a security agreement under the Uniform Commercial Code. Landlord may file financing statements or continuation statements to perfect or continue the perfection of the security interest.
D.8.Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this Lease within thirty days after written notice and failing to provide essential services to Tenant within ten days after written notice.
D.9.Default by Landlord/Tenant’s Remedies. Tenant’s remedies for Landlord’s default are to sue for damages and, if Landlord does not provide an essential service for thirty days after default, terminate this Lease. Tenant may not terminate under this paragraph while in arrears for Rent.
D.10.Default by Tenant/Events. Defaults by Tenant are (a) failing to pay Rent timely, (b) abandoning the Leased Premises or vacating a substantial portion of the Leased Premises, and (c) failing to comply within ten days after written notice with any provision of this Lease other than the defaults set forth in (a) and (b).
D.11.Default by Tenant/Landlord’s Remedies. Landlord’s remedies for Tenant’s default are to (a) enter and take possession of the Leased Premises and sue for Rent as it accrues; (b) enter and take possession of the Leased Premises, after which Landlord may re-let the Leased Premises on behalf of Tenant and receive the rent directly by reason of the re-
letting, and Tenant agrees to reimburse Landlord for any expenditures made in order to re-let; (c) enter the Leased Premises and perform Tenant’s obligations; and (d) terminate this Lease by written notice and sue for damages. Landlord may enter and take possession of the Leased Premises by self-help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be occupying the Leased Premises, until the default is cured, without being liable for damages.
D.12.Default/Waiver/Mitigation. All waivers must be in writing and signed by the waiving party. Landlord’s failure to enforce any provisions of this Lease or its acceptance of late installments of Rent will not be a waiver and will not estop Landlord from enforcing that provision or any other provision of this Lease in the future. Landlord and Tenant have a duty to mitigate damages.
D.13.Security Deposit. If Tenant defaults, Landlord may use the security deposit to pay arrears of Rent, to repair any damage or injury, or to pay any expense or liability incurred by Landlord as a result of the default.
D.14.Holdover. If Tenant does not vacate the Leased Premises following termination of this Lease, Tenant will become a tenant at will and must vacate the Leased Premises on receipt of notice from Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the Term.
D.15.Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith before filing a suit for damages.
D.16.Attorney’s Fees. If either party retains an attorney to enforce this Lease, the party prevailing in litigation is entitled to recover reasonable attorney’s fees and other fees and court and other costs.
D.17.Venue. Exclusive venue is in the county in which the Leased Premises are located.
D.18.Entire Agreement. This Lease [include if applicable: and its exhibits, addenda, and riders] [is/are] the entire lease of the parties concerning the lease of the Leased Premises by Landlord to Tenant. Landlord has not made and does not make any representations about the commercial suitability, physical condition, layout, footage, expenses, or operation of the Leased Premises or any other matter affecting or relating to the Leased Premises and this agreement, except as specifically set forth in this Lease. As an inducement to Landlord to enter into this Lease, Tenant expressly acknowledges and warrants that no such representations have been made and Tenant is not relying on any representations not contained in this Lease [include if applicable: and any exhibits, addenda, and riders].
D.19.Amendment of Lease. This Lease may be amended only by an instrument in writing signed by Landlord and Tenant.
D.20.Limitation of Warranties. There are no implied warranties of suitability, of merchantability, of fitness for a particular purpose, or of any other kind arising out of this Lease, and there are no warranties that extend beyond those expressly stated in this Lease.
D.21.Notices. Any notice required or permitted under this Lease must be in writing. Any notice required by this Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.
D.22.Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Leased Premises at the end of the Term.
D.23.Generator. With Landlord’s prior written approval, not to be unreasonably withheld, [and on payment of an additional rent of $[amount] per month,] Tenant may install a generator at the Site to service Tenant’s Equipment.
D.24.Interference. If Tenant’s Equipment causes interference with operations of other tenants on the Tower, Tenant will immediately cease the interference and, at its own expense, make any changes to Tenant’s Equipment needed to correct the interference, subject to Landlord’s written approval.
D.25.Use of Site by Other Parties. Tenant’s use of the Site is nonexclusive. Landlord may enter into leases with other parties for the use of the Site, Tower, and other improvements. Parties other than Landlord and Tenant will have access to the Site, and Landlord is not responsible for the behavior of the other parties. Tenant will be responsible for securing Tenant’s Equipment.
[Name of landlord]
[Name of tenant]
Plan of Site, Access Drive, and Leased Premises
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Provide a depiction of the real property being leased for the cell tower site, including any easements. |
Sketch of Tower and Tower Space
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Provide a sketch of the cell tower and the space on the tower reserved for the installation of the tenant’s equipment. |
Tenant’s Equipment
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List the tenant’s equipment that will be placed on the cell tower site and that will be installed on the tower itself. |
Property Description
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Provide the legal description of the real property being leased for the cell tower site. |
Insurance Addendum to Lease
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Provide details on the required insurance for both the tenant and the landlord, including any required for contractors or subcontractors. |
Communications Tower Safety Standards
A.Scope and Application
The rules in this exhibit contain requirements for policies, procedures, and safe work practices to protect the employees, agents, and contractors of Landlord and Tenant from the hazards of working on communications towers during construction, alteration, repair, operation, inspection, and maintenance activities. A “Communications Tower” is defined as any tower over six feet in height that is used primarily as an antenna or to host one or more antennas. Where the Communications Tower is affixed to another structure, such as an electrical transmission tower, church steeple, building rooftop, or water tower, the applicable part of any controlling regulation for protection of persons (e.g., 29 C.F.R. sections 1910.268 and 1910.269, and part 1926, subpart V, for transmission towers) will apply up to the point of access to the Communications Tower.
B.Definitions
In addition to the definitions set forth in 29 C.F.R. parts 1910 and 1926, the following definitions apply throughout the rules in this exhibit.
B.1.“Acceptable Conditions for Access” means the conditions that must exist before Tenant grants permission for construction, alteration, repair, or maintenance work to be performed on a Communications Tower. These conditions include the following:
B.1.a.Work under the control of a work safety program meeting the requirements of the rules in this exhibit.
B.1.b.Work where an accumulation of snow, ice, or other slippery material is not present, except as necessary for the inspection or removal of such material.
B.1.c.Notwithstanding the prohibitions outlined in subparagraph B.1.b. above, if Tower emergency maintenance work must be performed where there is an accumulation of snow, ice, or other slippery material, Tenant will implement safe work practices (equipment, practices, and procedures) that address the hazards known to be associated with Tower work to minimize the associated risk to persons while working on the Tower structure and the support structure to which it is affixed, where applicable.
B.2.“Climbing Facility” means a component specifically designed or provided to permit access to the Tower structure, such as a fixed ladder, step bolt, or other structural member.
B.3.“Competent Person” means a person who is trained to identify existing and predictable hazards in the surroundings or working conditions that are hazardous or dangerous to persons and who has authorization from Tenant or Tenant’s contractor to take prompt corrective measures to eliminate them, including halting the work as required by the rules in this exhibit.
B.4.“Elevated (High-Angle) Rescue” means the process by which methods and equipment are used to gain access to and egress from the location of an injured person on the Tower structure and lower both the injured person and the rescuer safely to the ground.
B.5.“Fall Protection Equipment” means the personal equipment that persons use in conjunction with fall protection systems, including connectors, body belts or body harnesses, lanyards, and deceleration devices.
B.6.“Ladder Safety System” means an assembly of components whose function is to arrest the fall of a user, including the carrier and its associated attachment elements (e.g., brackets, fasteners), the Safety Sleeve, and the body support and connectors, wherein the carrier is permanently attached to the climbing face of the ladder or immediately adjacent to the structure.
B.7.“100% Fall Protection” means each person exposed to fall hazards above six feet while ascending, descending, or moving point to point must be protected at all times by fall protection as described in section E. below.
B.8.“Qualified Climber” means a person who has, by virtue of knowledge, training, and experience, been deemed qualified in writing by Tenant to perform Tower work.
B.9.“Qualified Person” means a person possessing a degree; certificate; professional standing; or knowledge, training, and experience in the field of Communications Tower work and who has demonstrated to Tenant or Tenant’s contractor the ability to resolve problems relating to the subject matter, the work, or the project.
B.10.“Safety Sleeve” means the part of a Ladder Safety System consisting of the moving component with locking mechanism that travels on the carrier and makes the connection between the carrier and the body support.
B.11.“Site” means the Tower and the surrounding land or property where Tower work is being performed.
B.12.“Step Bolt” means a bolt or rung attached at intervals along a structural member and used for foot placement during climbing or standing.
B.13.“Tower Construction” means the building of a new Tower or structure or the installation of new equipment on an existing Tower or structure.
B.14.“Tower Emergency Maintenance Work” means the repair, restoration, or replacement of any preexisting device installed on the Tower in the interest of public safety, such as aviation signaling devices and equipment used to transmit or receive broadcast signals.
B.15.“Tower Inspection” means the procedure in which a person climbs the Tower or rides the structure’s elevator to visually inspect the Tower for potential problems and test for Tower plumbness and guy cable tension.
B.16.“Tower Maintenance Work” means the replacement in kind of any device on an existing Tower, the repair of existing equipment, and painting.
C.Tenant Responsibilities
C.1.Tenant will require its employees, agents, and contractors to adhere to Acceptable Conditions for Access, as defined above, before climbing the Tower at heights above six feet.
C.2.Tenant will ensure that at least two persons, including at least one Competent Person, are on the Site at all times when anyone is exposed to fall hazards above six feet, provided, however, Tenant will not be required to have more than two persons on the Site at any given time.
C.3.A Competent Person will visually inspect the Tower base for damage, deterioration, structural deficiencies, and functionality of safety features and anchorages before persons are allowed to climb the Tower at heights above six feet. Additionally, Tenant will ensure that the Tower is visually inspected for these items as it is ascended to the elevation point where work is being performed.
D.Hazard Identification and Assessment
D.1.In addition to the inspections required by paragraphs C.3. above and E.2. below, Tenant will conduct a hazard assessment to identify, assess, and control exposure to hazards as required by the standards in this exhibit and any other applicable state or federal statutes, rules, or regulations.
D.2.Tenant will perform and document the hazard assessments required by these standards—
D.2.a.initially and daily for each Site before permitting persons to climb the structure and
D.2.b.when safety and health information or change in workplace conditions indicates that a new or increased hazard may be present.
D.3.The hazard assessments required by these standards will—
D.3.a.be performed by a Competent Person;
D.3.b.evaluate new equipment, materials, and processes for hazards before they are introduced into the workplace; and
D.3.c.identify meteorological conditions that could affect work at heights above six feet on a tower, such as wind, rain, snow, or ice.
D.4.If hazards are identified, Tenant will assess the severity of identified hazards and implement means to control such hazards, including providing persons with personal protective equipment (“PPE”) designed to control the identified hazards and ensuring the proper use of the PPE by the persons.
E.Fall Protection
E.1.General. Before anyone climbs the Tower at heights above six feet, Tenant will ensure that 100% Fall Protection systems compatible with the tasks assigned are provided, used, and maintained. The rules in this section will not require the retrofitting of Communications Towers, provided that persons who are exposed to fall hazards above six feet while performing work on Communications Towers are protected from such hazards by means of a 100% Fall Protection system.
E.2.Preclimb Planning and Inspection. In addition to the criteria for preclimb planning and inspection included in paragraph E.7. below, Tenant will ensure that the following items occur before persons climb the Tower at heights above six feet:
E.2.a.All climbing jobs will be planned by a Competent Person.
E.2.b.All climbing facilities will be visually inspected daily at the Tower base by a Competent Person for rust, corrosion, deterioration, or other hazards. Additionally, Tenant will ensure that the climbing facilities are visually inspected for these items as it is ascended, to the elevation point where work is being performed. If any such hazard is identified during this inspection, persons will not use the Climbing Facility until such hazards are abated.
E.2.c.A Competent Person will ensure that all Fall Protection Equipment is inspected before each use for wear, damage, defect, or other deterioration by persons who have been trained in accordance with section J. below. Defective equipment will be identified as defective and immediately removed from service.
E.2.d.Components of a fall protection system and the Fall Protection Equipment used by persons will be compatible with one another and will be used in accordance with the manufacturer’s recommendations.
E.2.e.Tenant will ensure that the planning and inspections are performed and documented. The documentation will be maintained on the Site while work is being performed and thereafter by Tenant at its place of business. The documentation will include the date of the planning and inspection, the name of the Competent Person performing the planning and inspection, and the Site location.
E.3.Fall Protection Systems. To comply with the requirements of paragraphs E.1. and E.2. above, Tenant may permit persons to use the fall protection systems described in paragraphs E.4. through E.7. below. If the fall protection systems described therein are not present on the Tower, Tenant will not permit persons to climb the Tower at heights above six feet unless—
E.3.a.an alternative means of 100% Fall Protection is used that is at least as effective as the fall protection systems described in paragraphs E.4. through E.7. below;
E.3.b.an alternative means of access to the work area is used such as an aerial lift or elevated work platform; or
E.3.c.Tenant can demonstrate that the requirements for a fall protection plan under paragraph E.8. below have been met.
E.4.Guardrail Systems. Tenant will ensure that guardrail systems and their components that are used by persons as a means of 100% Fall Protection conform to the criteria in 29 C.F.R. section 1926.502(b).
E.5.Personal Fall Arrest Systems (“PFAS”). Tenant will ensure that personal fall arrest systems (“PFAS”) and their components that are used by persons as a means of 100% Fall Protection conform to the criteria in 29 C.F.R. section 1926.502(d) and are used according to the manufacturer’s recommendations. Tenant will ensure that Step Bolts and attachment points to the structure, when used by persons as an anchorage as part of a PFAS, are designed to meet the requirements of an approved anchorage in accordance with 29 C.F.R. section 1926.502(d) and are designed to ensure the connector will not slip off the end of the Step Bolt.
E.6.Positioning Device System. Tenant will ensure that positioning device systems and their components that are used by persons as a means of 100% Fall Protection conform to the criteria in 29 C.F.R. section 1926.502(e).
E.7.Ladder Safety Systems. Tenant will ensure that, in addition to the applicable criteria in 29 C.F.R. part 1926, subpart X, Ladder Safety Systems and related support systems for fixed ladders that are used by persons as a means of 100% Fall Protection conform to the following criteria:
E.7.a.Before any persons climb the structure, Tenant will ensure that the persons have tested the Ladder Safety System for proper operation and that all components used with the Ladder Safety System are compatible.
E.7.b.To perform the test required by subparagraph E.7.a. above, the persons will—
i. approach the ladder at the base and connect to the functional safety;
ii.climb the system to a height less than six feet;
iii.forcibly engage the device without letting go of the ladder;
iv.if the device functions as intended, begin the ascension;
v.if the device does not function properly, immediately descend the structure and not use the device until it functions properly; and
vi.if a ladder is obstructed, inhibiting the effective use of the Ladder Safety System, use an alternative means of 100% Fall Protection that is at least as effective as the types of fall protection described by this rule.
E.8.Fall Protection Plan. This paragraph applies when persons are working on a structure where no adequate tie-off anchorage point exists, the fall protection systems described in paragraph E.3. above are not feasible or create a greater hazard, and the work cannot be completed using an alternative means of access to the work area such as an aerial lift or elevated work platform. If Tenant demonstrates the foregoing conditions are present, then in addition to the criteria in 29 C.F.R. section 1926.502(k), Tenant will conform to the following provisions:
E.8.a.Tenant will ensure that each person under the fall protection plan has been trained as a Qualified Climber.
E.8.b.The fall protection plan will be made available and communicated to exposed persons before the persons begin work, and such communication will be documented.
E.8.c.The fall protection plan will identify each location on the Tower structure where fall protection methods as described in paragraph E.3. above cannot be used. As soon as adequate tie-off anchorage points or other fall protection systems can be established, Tenant will use any of the fall protection systems described in paragraph E.3.
E.9.Emergency and Rescue Procedures. Tenant will establish procedures for rescue of persons in the event of an emergency, which will include whether Tenant will designate its own persons to perform the rescue procedures or whether Tenant will designate a third party to perform the rescue procedures. The procedures will be documented and available for review by the Deputy Commissioner of Labor for Occupational Safety and Health or his designee, upon request.
E.10. Tenant to Perform Rescue Procedures. Tenant will take the following measures:
E.10.a. Ensure at least two trained and designated rescue persons or contractors are on the Site when persons are working at heights over six feet on the Tower, provided, however, where there are only two persons on the Site, Tenant may comply with this requirement if one person is a trained and designated rescue person and one person has received documented orientation outlining steps to take in an emergency.
E.10.b.Ensure that personal protective equipment (“PPE”) and Elevated (High–Angle) Rescue equipment needed to conduct elevated rescues are provided, used, and maintained by the designated rescue persons.
E.10.c.Train designated rescue persons so they are proficient in the use and maintenance of PPE and Elevated (High–Angle) Rescue equipment needed to conduct elevated rescues or contract with persons with such proficiency.
E.10.d.Train designated rescue persons to perform assigned rescue duties to ensure that they become competent to perform such duties, including conducting simulated rescue operations at least once every twelve months, or contract with persons with such competency.
E.11.Third Party to Perform Rescue Procedures. If Tenant designates a third-party rescue and emergency service to provide Elevated (High-Angle) Rescue and emergency services, Tenant will take the following measures:
E.11.a.Obtain verification from the third-party rescue team or service that it is able to respond to a rescue summons in a timely manner.
E.11.b.Obtain verification from the third-party rescue team or service that it is proficient with rescue-related tasks and equipment as they relate to rescuing climbers from elevated heights on communications structures.
E.11.c.Select a rescue team or service from those evaluated that has verified it has the capability to reach the victims and is equipped for and capable of performing the needed rescue services.
E.11.d.Provide the selected rescue team or service with contact information regarding all Towers/structures from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations as it deems necessary.
E.11.e. Before the first day on which persons perform work at heights over six feet on the Tower, inform the selected rescue team or service of the Site and location of the Towers to be climbed, the hazards identified on the Site, the number of persons that will climb the Towers, the heights at which persons will be working, the names and telephone numbers for any Tenant contacts, and any other information that is requested by the rescue team or service.
E.12.First Aid/CPR Training and Supplies. In addition to the requirements of 29 C.F.R. sections 1910.151 and 1926.50, Tenant will ensure that at least two persons on the Site are trained and hold current certifications in basic first aid and cardiopulmonary resuscitation (“CPR”) issued by the American Red Cross or any other organization whose standards are equivalent to the American Red Cross, provided, however, where there are only two persons on the Site, Tenant may comply with the requirements of this paragraph if one person is trained and holds current certifications in basic first aid and CPR.
F.Nonionizing Radiation
F.1.General. Tenant will ensure that persons performing work on Communications Towers are not exposed to radio frequency (“RF”) electromagnetic fields in excess of the Federal Communications Commission (“FCC”) maximum permissible exposure (“MPE”) limits for exposure as prescribed in 47 C.F.R. section 1.1310.
F.2.Protection from Radiation Exposure. Persons will not enter areas where RF exposure levels are above the general population/uncontrolled MPE limits described in 47 C.F.R. section 1.1310 unless they understand the potential for exposure and can exercise control over the exposure.
F.3.Control Procedures. Before persons perform work in areas on a Communications Tower where RF exposure levels exceed the occupational/controlled MPE values stated in 47 C.F.R. section 1.1310, Tenant will enact and enforce written control procedures that provide for the reduction, elimination, avoidance, or protection from such RF exposure levels. These written control procedures will include the following:
F.3.a.Reducing the transmitter power to a level that ensures RF exposure levels in areas where persons are working do not exceed the occupational/controlled MPE values stated in 47 C.F.R. section 1.1310 and that the transmitter power level is not increased until all persons have ceased working in those areas. If this method is chosen, the transmitter power will be locked out and tagged out at the reduced level by a Competent Person in accordance with 29 C.F.R. section 1910.147. Before removing lock-out/tag-out devices and restoring the original transmitter power level, all persons will be notified, and the work area will be checked to ensure that all persons have been safely positioned and removed.
F.3.b.If the transmitter power level in areas where persons are working cannot be reduced and maintained at a level that ensures RF exposure levels do not exceed the occupational/controlled MPE values stated in 47 C.F.R. section 1.1310, the transmitter power will be locked out and tagged out by a Competent Person in accordance with 29 C.F.R. section 1910.147. Before removing lock-out/tag-out devices and restoring the transmitter power level, all persons will be notified, and the work area will be checked to ensure that all persons have been safely positioned and removed.
F.3.c.If the transmitter power level cannot be reduced or eliminated, Tenant may permit persons to access areas where the occupational/controlled MPE values stated in 47 C.F.R. section 1.1310 are exceeded if it implements engineering or administrative controls that comply with the FCC’s regulations concerning such exposure, including limiting the duration of the exposure and using monitoring equipment, RF protective clothing, and other related PPE.
F.3.d.If Tenant cannot ensure that the conditions in subparagraph F.3.a., F.3.b., or F.3.c. above are met, persons will not be permitted to access areas where RF exposure levels exceed the occupational/controlled MPE values stated in 47 C.F.R. section 1.1310.
F.4.Use of Controls. Before commencing work on a Communications Tower, a Competent Person will assess potential RF hazards of areas that may be accessed by persons in the course of their work and post temporary signage to indicate areas where the RF hazard exceeds the general population/uncontrolled MPE limits for exposure set forth in 47 C.F.R. section 1.1310. Temporary signage will remain in place while work is performed and the hazard exists.
F.5.RF Safety Program. When persons are exposed to RF fields in excess of the general population/uncontrolled MPE limits established in 47 C.F.R. section 1.1310 as a consequence of their work, Tenant will develop, implement, and maintain a written safety and health program with Site-specific procedures and elements based on the electromagnetic radiation hazards present, in accordance with these standards.
G.Hoists
Hoists used during the construction, alteration, repair, maintenance, or demolition of Communications Towers will meet the following requirements:
G.1.All hoists will meet the requirements set forth in this rule and 29 C.F.R. parts 1910, subpart N, and 1926, subpart N, where applicable.
G.2.All hoists will meet applicable requirements for design, construction, installation, testing, inspection, maintenance, and operation as prescribed by the manufacturer or a licensed professional engineer.
G.3.Tenant will maintain at the work Site the operating manual developed by the manufacturer for the specific make and model of hoist being used, as well as documentation for any inspection, testing, and operator training certification required by the rules in this section.
G.4.Tenant will not operate or permit to be operated a hoist that Tenant knows, or reasonably should know, will expose persons to an unsafe condition that is likely to result in personal injury or property damage.
H.Gin Poles
H.1.Rigging Equipment
H.1.a.Wire rope, slings, chains, shackles, turnbuckles, links, hooks, sheaves, rotating rooster heads, blocks, and hoists used in a gin pole lifting arrangement will meet the manufacturer’s safe working load limits. In addition, each component will have a nominal breaking strength of no less than five times the static load applied. Consideration for end fitting losses and actual positioning of connecting parts will be given.
H.1.b.Lugs or other devices for lifting or attaching the gin pole in position will be designed with load and resistance factors appropriate for their intended use.
H.1.c.Only alloy chains marked by the manufacturer with an 8, a T, or an A, rated for lifting, will be used.
H.1.d.Only quenched and tempered hooks and shackles will be used. The manufacturer’s load rating will be stamped on the product.
H.1.e.The breaking strength of the sheave will equal or exceed the breaking strength of the wire rope intended for the sheave.
H.2.Gin Pole Use
H.2.a.A user’s gin pole load chart will be provided for each pole.
H.2.b.Any special engineered pick that is outside of the load chart will be allowed only at the direction of a licensed professional engineer. Monitoring and measuring conditions, as specified by a licensed professional engineer, will be provided and used during all special engineered picks.
H.2.c.Modifications or repairs of a gin pole will be made with like or similar materials to meet or exceed the original specifications. Modifications or repairs will be recertified by a licensed professional engineer.
H.2.d.A mechanism will be in place to prevent the gin pole from tipping during the jumping process.
H.3.Wire Rope. Wire rope used for rigging will be as follows:
H.3.a.Compatible with the sheaves of the rooster head and hoisting blocks.
H.3.b. Lubricated in accordance with manufacturer specifications to prevent corrosion and wear.
H.3.c.End connections will be terminated per industry and manufacturer’s specifications.
H.3.d.Wedge sockets will have a minimum tail length of one rope lay with a properly torqued clip attached to prevent accidental disengagement.
H.3.e.Flemish eyes will contain heavy-duty thimbles of appropriate size for the wire rope diameter and will have a minimum tail length of one rope lay secured with a properly torqued clip at its end.
H.4.Inspections
H.4.a.Gin poles will have a documented inspection annually by a Qualified Person.
H.4.b.In addition to the annual inspection, Tenant will designate a Competent Person who will visually inspect the gin pole and rigging before each use and during use to make sure it is in safe operating condition. Any deficiencies will be repaired before use continues.
H.4.c.During each inspection, the Qualified Person or Competent Person will—
i.inspect the legs and bracing members for bends or distortion;
ii.inspect the straightness tolerances for the overall assembly (including leg and bracing members);
iii.visually inspect the welds for quality, deformation, cracks, rust, or pitting or loss of cross-sectional area;
iv.inspect the members for excessive rust or pitting or loss of cross-
sectional area;
v.inspect the sling attachment points for distortion, wear, cracks, and rust;
vi.ensure that proper bolts are used and all associated hardware is in good condition;
vii.inspect side plates on rooster heads for distortion or other damage;
viii.inspect all attachment hardware, including rigging and parts such as cables, slings, and sling attachment points, shackles, hooks, and sockets for wear, distortion, cracks, and rust; and
ix.ensure that all problems identified during the inspection are corrected before placing the gin pole into service.
I.Recordkeeping
To fulfill responsibilities under the provisions of the rules in this section, Tenant will, upon request, provide the Deputy Commissioner of Labor for Occupational Safety and Health or his designee access to the following records:
I.1.Training Records. All material related to Tenant’s training and education program, pursuant to section J. below.
I.2.Medical Records and Nonionizing Radiation Exposure Records. All medical records (in accordance with 29 C.F.R. section 1910.1020(d)(1)(i)) and material related to each analysis using exposure or medical records (in accordance with 29 C.F.R. section 1910.1020(d)(1)(iii)).
I.3.Equipment Inspections and Testing Records. All material related to the modification, repair, test, calibration, or maintenance service of all equipment.
J.Training
J.1.Persons working at heights above six feet on a Communications Tower must be approved for such work in advance by a Qualified Person.
J.2.Competency of Trainer. Training of persons in Communications Tower work will be performed by or under the supervision of a Qualified Person.
J.3.Written Work Procedures
J.3.a.Tenant’s written work procedures will be provided to persons as part of their training.
J.3.b.Pictures and symbols may be used as a means of instruction if understanding is improved using this method.
J.3.c.Manufacturers’ operating manuals for personnel hoisting systems satisfy the requirement for operating procedures for the respective equipment or can serve as the basis for these procedures.
J.4.Hazardous Materials Training. Persons required to handle or use flammable liquids, gases, or toxic materials will be instructed in the safe handling and use of these materials and made aware of the specific requirements contained in 29 C.F.R. sections 1926.55 and 1910.1200, as applicable.
J.5.Fall Protection Training
J.5.a.Tenant will provide a training program for each person who might be exposed to fall hazards.
J.5.b.The program will enable each person to recognize the hazards of falling and will train each person in the procedures to be followed to minimize these hazards.
J.5.c.Tenant will ensure that each person has been trained by or under the supervision of a Qualified Person in the following areas:
i.the nature of fall hazards in the work area;
ii.the correct procedures for erecting, maintaining, disassembling, and inspecting the fall protection systems to be used;
iii.the correct procedures for inspecting Fall Protection Equipment for wear, damage, defect, or deterioration;
iv.climbing safety procedures;
v.the use and operation of the fall protection systems used by Tenant, as described in these standards;
vi.the role of each person in any safety monitoring system being used;
vii.the correct procedures for the handling and storage of equipment and materials and the erection of overhead protection;
viii.the role of persons in fall protection plans; and
ix.the compatibility of Fall Protection Equipment and fall protection systems.
J.6.Hoist Operator Training. Tenant will maintain documentation that the hoist operator has practical training on the hoist he is operating. Training of hoist operators will meet the requirements of 29 C.F.R. section 1910.179 and part 1926, subpart N.
J.7.RF Training
J.7.a.All persons exposed in excess of the general population/uncontrolled MPE limits stated in 47 C.F.R. section 1.1310 will receive RF hazard awareness training by or under the supervision of a Qualified Person in the following areas:
i.MPE limits for occupational/controlled exposure;
ii.recognition of RF exposure sources in Communications Tower work;
iii.proper use and interpretation of RF exposure;
iv.work procedures to avoid excessive RF exposure;
v.proper use of RF protective clothing and other related PPE;
vi.symptoms and health issues related to RF exposure; and
vii.RF exposure first-aid procedures.
J.7.b.Tenant will ensure that each affected person who works in an electromagnetic energy environment with potential RF exposure in excess of the general population/uncontrolled MPE limits stated in 47 C.F.R. section 1.1310 has access to and understands the specific Site information related to the RF energy and RF fields present at each individual Site.
J.8.Retraining. Unless stated otherwise in this rule, when Tenant or Qualified Person has reason to believe that any person who has already been trained does not have the understanding and skill required to safely perform the work assigned, Tenant will retrain each such person. Retraining is required in any of the following situations:
J.8.a.Changes in the workplace render previous training obsolete.
J.8.b.Changes in the types of fall protection systems or Fall Protection Equipment to be used render previous training obsolete.
J.8.c.Inadequacies in a person’s knowledge or use of fall protection systems or Fall Protection Equipment indicate that the person has not retained the requisite understanding or skill.
J.9.Training Records
J.9.a.Tenant will certify that each person has been trained by preparing a certification record which includes—
i.the identity of the person trained,
ii.the signature of Tenant or the Qualified Person who conducted the training, and
iii.the date that training was completed.
J.9.b.A copy of the training lesson plan for each topic of instruction will be maintained by Tenant.
J.9.c.The certification record will be prepared at the completion of the training required by this rule and will be maintained for the duration of the person’s employment.
J.9.d.The most current certification record will be kept available for review by the Deputy Commissioner of Labor for Occupational Safety and Health or his designee, upon request.
J.9.e.Tenant may accept training records or certificates for previous training if Tenant verifies that all training and knowledge is current and applicable to the new person’s job duties.