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36 Guidebook for Developing and Managing Airport Contracts 3.3.9 Response and Communication Plan One of the important aspects of a utility service contract is the degree to which the contract mandates the customer service provisions. Airports must know who to call for help, what staff are assigned to their account, and how quickly they can expect service and problem resolution. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for the MWAA telephone service contract, which has excellent language addressing these issues. 3.3.10 Systems Requirements In the case of all services (even if not directly related to communications or utilities) system requirements should be explicitly detailed. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for MWAA's telephone service provider agreement for an example of system requirements. 3.3.11 Detailed Billing For any communication service with detailed billing capability, the billing system must be explained in great detail, as should the method for resolving disputes. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for an excerpt from MWAA's telephone service agreement which illustrates this point. 3.3.12 Response to Alarms and Outages Communications services contracts should detail how the provider will deal with alarms and outages of service. Similar language should be in place for all communications providers (e.g., mobile phones or internet service). See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for (1) an excerpt detailing the requirements MWAA assigns its telephone service provider and (2) the language used to define the license agreement, which has been taken from the PIT agreement. 3.4 Critical Issues--Utility Leases or Easements Critical issues in utility leases or easements are as follows: Compliance with safety zones Ingress and egress No warranty of suitability Notice prior to construction or installation Sponsor's title Rights of termination 3.4.1 Compliance with Safety Zones If the license is for lines and utility poles, as it is in the PIT case, then the agreement must call for compliance with FAA regulations, but ideally will call out the specific regulations most likely to be relevant (e.g., Part 77, object-free zones or runway safety areas). See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Ser- vices, for language from the PIT agreement regarding appropriate license terms for adherence to regulations.

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Communication and Utility Services 37 3.4.2 Ingress and Egress Easements often imply certain ingress and egress paths to the property. Because movement on airport property is so much more restricted than on roads or other property, this type of license should grant explicit, detailed ingress and egress rights, ideally through particular gates if airfield access is granted. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for an excerpt from PIT regarding developing a provision based on ingress- and egress-related license details. 3.4.3 No Warranty of Suitability With a utility easement, it is likely that, at some point, digging may occur on airport property. Because most airports cannot know what is under the surface of all parts of their property, a license such as the PIT license should offer no warranty as to what is underground, to the extent that is possible. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for an excerpt from the PIT license providing good language on warranty provisions as they apply to airport grounds. 3.4.4 Notice Prior to Construction or Installation Similarly, the licensee must be required to provide adequate notice prior to any construction or installation. The license should be clear in the chronology of design, airport approval, build- ing permit, construction and/or installation, and the notice periods governing all of these. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for text from the PIT agreement on details about notification to airport on construc- tion or installation. 3.4.5 Sponsor's Title Because the license contemplated here is an easement, it is critical that language be included that ensures the licensee's understanding that the sponsor maintains title to the airport and everything on it for the duration of the license. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for an excerpt from the PIT license regarding the authority's title. 3.4.6 Rights of Termination There is a particularly interesting paragraph in the PIT utility easement. The utilities provided by the licensee in this case are critical to the airport's community. ACAA recognized that if the license were terminated, the removal of any installed pipes, conduits, utility poles, or wires could cause a major disruption to the community. So, contrary to typical language in airport contracts that gives a sponsor authority to absolutely control their property, this license states explicitly that the easement cannot be terminated as long as the utility product is required in the area. See CRP-CD-81 (enclosed herein), Appendix to Chapter 3, Communication and Utility Services, for a specific paragraph from the PIT utility easement relating to termination of easement in the case of a required utility product.