Policy Bulletin 318 - Installation of Antennas on Southern Black Hills Facilities
- Policy Statement-Public Service Entities. It is the policy of the Southern Black Hills Water System to allow public and private entities that serve the public interest to use Southern Black Hills facilities for antenna placement, provided that those entities pay any costs incurred by Southern Black Hills in connection with such placement. "Entities that serve the public interest" include, but are not limited to, federal, state, county, tribal or municipal governments; hospitals; law- enforcement agencies and ambulance services. Costs that Southern Black Hills may incur in connection with the placement of an antenna or antennas on Southern Black Hills facilities include, but are not limited to, electrical power, liability insurance, engineering fees and costs of inspection.
- Policy Statement-Not for Profit Corporations or Cooperatives. It is the policy of the Southern Black Hills Water System to allow non-profit entities such as non-profit corporations, cooperatives and unincorporated associations to use Southern Black Hills facilities for antenna placement, provided that those entities pay any costs incurred by Southern Black Hills in connection with such placement and an annual rental charge. ''Non-profit entities" includes, but is not limited to, rural electric associations, rural telephone associations and farmer's cooperatives. Costs that Southern Black Hills may incur are set out in paragraph 1 above. The annual rental charge will be determined by the Board of Directors in its sole and exclusive discretion.
- Policy Statement-For Profit Entities. The Board of Directors will have sole and exclusive authority to allow "for-profit" entities or individuals to use Southern Black Hills facilities for antenna placement. This authority includes, but is not necessarily limited to, placement of antenna, equipment, annual rental charges and any and all contractual terms. For- profit entities will generally be defined as any entity or individual not meeting the criteria set forth in items l and 2 above.
Agreement for Placement.
No antennas may be placed upon Southern Black Hills facilities
until and unless a written agreement is executed by Southern Black Hills and the owner or operator of the antenna.
This agreement must include the following:
- The description of the Southern Black Hills facility upon which the antenna is to be placed.
- The term of the agreement.
- The annual rental payment, if any.
- A release and indemnity agreement in favor of Southern Black Hills.
- A requirement that the antenna owner or operator obtain all necessary governmental or regulatory licenses or approvals, and that proof of such licenses or approvals be provided to Southern Black Hills prior to installation. Nothing in this requirement shall act to cause Southern Black Hills to be responsible for the failure to obtain any such licenses or approvals.
- The antenna owner or operator will be responsible for any taxes associated with placement of the antenna, including contractors excise tax and real property taxes.
- Southern Black Hills may require the antenna owner or operator to construct separate structures to house antenna-related appurtenances, such as repeaters.
- Southern Black Hills may require the antenna owner or operator to make such repairs or upgrades as Southern Black Hills deems necessary to protect Southern Black Hills facilities.
- The owner or operator of the antenna will at its own expense remove the antenna and appurtenances as requested by Southern Black Hills to facilitate maintenance of Southern Black Hills facilities.
- Southern Black Hills may review and accept or reject any proposed plans or specifications for installation. Nothing in this requirement shall cause Southern Black Hills, its agents, employees or engineers to be responsible for any injury or damage resulting from improper design or installation of any antenna or appurtenances.
- Right to reject applications. Southern Black Hills in its sole and exclusive discretion may reject any and all applications to place antennas on Southern Black Hills facilities.