Common use of Access and Modifications Clause in Contracts

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT may permit CLEC to conduct Field Survey Work and Make-Ready Work itself or through its own contractors in circumstances where CBT is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC may, at CBT's option, include modifications required to accommodate other attaching parties, including CBT, that desire to modify their Attachments. 16.3.2 If CLEC requests access to a CBT Right-of-way where CBT has no existing Structure, CBT shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT desires to extend its own Attachments, CBT will construct Structure to accommodate CLEC's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT shall be borne by CLEC, the other requesting party or CBT, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBT, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBT, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBT, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Structure will be owned by CBT. CLEC and other parties, including CBT, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. (For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized or adding innerduct to an existing duct does not qualify as a “modification,” while adding taller poles, adding new ducts between existing manholes and rebuilding manholes to accommodate additional cables would qualify as a “modification.”) 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBT's option, include Requesting Carrier’s Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Requesting Carrier’s Attachments. 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLEC's Requesting Carrier’s request, the requests of another an existing or prospective attaching party party’s request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBT's Ameritech’s Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will and provided SBC-AMERITECH has not denied access as described in Section 16.1.2, or because SBC-AMERITECH may not lawfully make the Structure available, SBC-AMERITECH will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure availableCLEC. CBT SBC-AMERITECH may permit CLEC to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT SBC-AMERITECH is unable to complete such work in a reasonable time frame. For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized does not qualify as a “modification”, while adding taller poles, adding new ducts between existing manholes and rebuilding manholes, and adding innerduct to an existing duct to accommodate additional cables would qualify as a “modification”. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT SBC-AMERITECH will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayCLEC, may at CBT's SBC-AMERITECH’s option, include modifications required to accommodate other attaching parties, including CBTSBC-AMERITECH, that desire to modify their AttachmentsAttachments at the expense of such other attaching parties. 16.3.2 If CLEC requests access to a CBT an SBC-AMERITECH Right-of-way where CBT SBC-AMERITECH has no existing Structure, CBT SBC-AMERITECH shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT SBC-AMERITECH desires to extend its own Attachments, CBT SBC-AMERITECH will construct Structure to accommodate CLEC's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT SBC-AMERITECH shall be borne by CLEC, the other requesting party or CBTSBC-AMERITECH, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTSBC-AMERITECH, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTSBC-AMERITECH, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT SBC- AMERITECH with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTSBC-AMERITECH, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's SBC-AMERITECH’s Structure will be owned by CBTSBC-AMERITECH. CLEC and other parties, including CBTSBC-AMERITECH, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect . 16.3.5 When a party, including SBC-AMERITECH, subsequently seeks Attachment to a Party's recovery modified Structure, SBC-AMERITECH will notify in writing CLEC and any other parties who initially contributed to the cost of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Teammodification.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBTRequesting Carrier's option, include Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECRequesting Carrier's Attachments. 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLECRequesting Carrier's request, the requests of another an existing or prospective attaching party party's request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. If Ameritech and Requesting Carrier are unable to agree on a reasonable cost or time frame for the completion of access-related work, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayRequesting Carrier, may at CBTAmeritech's option, include modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECRequesting Carrier's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECRequesting Carrier's request, the requests of another attaching party or the needs of CBT Ameritech shall be borne by CLECRequesting Carrier, the other requesting party or CBTAmeritech, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT Ameritech with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTAmeritech, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECSprint, CBT will modify its Structure in order to accommodate the Attachments of CLEC Sprint as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT may permit CLEC Sprint to conduct Field Survey Work and Make-Ready Work itself or through its own contractors in circumstances where CBT is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC Sprint may, at CBT's option, include modifications required to accommodate other attaching parties, including CBT, that desire to modify their Attachments. 16.3.2 If CLEC Sprint requests access to a CBT Right-of-way where CBT has no existing Structure, CBT shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Sprint but will be required to make the Right-of-way available to CLEC Sprint to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT desires to extend its own Attachments, CBT will construct Structure to accommodate CLECSprint's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECSprint's request, the requests of another attaching party or the needs of CBT shall be borne by CLECSprint, the other requesting party or CBT, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBT, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Sprint shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBT, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBT, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Structure will be owned by CBT. CLEC Sprint and other parties, including CBT, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. (For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized or adding innerduct to an existing duct does not qualify as a “modification,” while adding taller poles, adding new ducts between existing manholes and rebuilding manholes to accommodate additional cables would qualify as a “modification.”) 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBT's option, include Requesting Carrier’s Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Requesting Carrier’s Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's Requesting Carrier’s request, the requests of another an existing or prospective attaching party party’s request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Ameritech’s Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. If Ameritech and Requesting Carrier are unable to agree on a reasonable cost or time frame for the completion of access-related work, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayRequesting Carrier, may at CBTAmeritech's option, include modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-of- way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECRequesting Carrier's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECRequesting Carrier's request, the requests of another attaching party or the needs of CBT Ameritech shall be borne by CLECRequesting Carrier, the other requesting party or CBTAmeritech, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT Ameritech with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTAmeritech, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBTRequesting Carrier's option, include Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECRequesting Carrier's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECRequesting Carrier's request, the requests of another an existing or prospective attaching party party's request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECICG, CBT will modify its Structure in order to accommodate the Attachments of CLEC ICG as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT may permit CLEC ICG to conduct Field Survey Work and Make-Ready Work itself or through its own contractors in circumstances where CBT is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC ICG may, at CBT's option, include modifications required to accommodate other attaching parties, including CBT, that desire to modify their Attachments. 16.3.2 If CLEC ICG requests access to a CBT Right-of-way where CBT has no existing Structure, CBT shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC ICG but will be required to make the Right-of-way available to CLEC ICG to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT desires to extend its own Attachments, CBT will construct Structure to accommodate CLECICG's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECICG's request, the requests of another attaching party or the needs of CBT shall be borne by CLECICG, the other requesting party or CBT, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBT, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC ICG shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBT, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBT, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Structure will be owned by CBT. CLEC ICG and other parties, including CBT, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. (For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized or adding innerduct to an existing duct does not qualify as a “modification,” while adding taller poles, adding new ducts between existing manholes and rebuilding manholes to accommodate additional cables would qualify as a “modification.”) 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBT's option, include Requesting Carrier’s Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-of- way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Requesting Carrier’s Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's Requesting Carrier’s request, the requests of another an existing or prospective attaching party party’s request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-pre- existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Ameritech’s Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECFrontier, CBT will modify its Structure in order to accommodate the Attachments of CLEC Frontier as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT may permit CLEC Frontier to conduct Field Survey Work and Make-Ready Work itself or through its own contractors in circumstances where CBT is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC Frontier may, at CBT's option, include modifications required to accommodate other attaching parties, including CBT, that desire to modify their Attachments. 16.3.2 If CLEC Frontier requests access to a CBT Right-of-way where CBT has no existing Structure, CBT shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Frontier but will be required to make the Right-of-way available to CLEC Frontier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT desires to extend its own Attachments, CBT will construct Structure to accommodate CLECFrontier's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECFrontier's request, the requests of another attaching party or the needs of CBT shall be borne by CLECFrontier, the other requesting party or CBT, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBT, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Frontier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBT, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBT, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Structure will be owned by CBT. CLEC Frontier and other parties, including CBT, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. (For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized or adding innerduct to an existing duct does not qualify as a “modification,” while adding taller poles, adding new ducts between existing manholes and rebuilding manholes to accommodate additional cables would qualify as a “modification.”) 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBT's option, include Requesting Carrier’s Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-of- way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Requesting Carrier’s Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's Requesting Carrier’s request, the requests of another an existing or prospective attaching party party’s request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Ameritech’s Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. (For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized or adding innerduct to an existing duct does not qualify as a “modification,” while adding taller poles, adding new ducts between existing manholes and rebuilding manholes to accommodate additional cables would qualify as a “modification.”) 16.3.1 15.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBT's option, include Requesting Carrier’s Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 15.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Requesting Carrier’s Attachments. 16.3.3 15.3.3 The costs of modifying a Structure to accommodate CLEC's Requesting Carrier’s request, the requests of another an existing or prospective attaching party party’s request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 15.3.4 All modifications to CBT's Ameritech’s Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC. If Ameritech and CLEC as set forth in this Section 16.3are unable to agree on a reasonable cost or time frame for the completion of access-related work, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayCLEC, may at CBTAmeritech's option, include modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Attachments. 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT Ameritech shall be borne by CLEC, the other requesting party or CBTAmeritech, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT Ameritech with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTAmeritech, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBTRequesting Carrier's option, include Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECRequesting Carrier's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECRequesting Carrier's request, the requests of another an existing or prospective attaching party party's request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications Allmodifications to CBTAmeritech's Structure will be willbe owned by CBTbyAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC. If Ameritech and CLEC as set forth in this Section 16.3are unable to agree on a reasonable cost or time frame for the completion of access-related work, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT Xxxxxxxxx is unable to complete such work in a reasonable time frame. 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayCLEC, may at CBTAmeritech's option, include modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Attachments. 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT Ameritech shall be borne by CLEC, the other requesting party or CBTAmeritech, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT Ameritech with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTAmeritech, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will and provided SBC has not denied access as described in Section 16.1.2, or because SBC may not lawfully make the Structure available, SBC will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure availableCLEC. CBT SBC may permit CLEC to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT SBC is unable to complete such work in a reasonable time frame. For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized does not qualify as a “modification”, while adding taller poles, adding new ducts between existing manholes and rebuilding manholes, and adding innerduct to an existing duct to accommodate additional cables would qualify as a “modification”. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT SBC will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayCLEC, may at CBT's SBC’s option, include modifications required to accommodate other attaching parties, including CBTSBC, that desire to modify their AttachmentsAttachments at the expense of such other attaching parties. 16.3.2 If CLEC requests access to a CBT an SBC Right-of-way where CBT SBC has no existing Structure, CBT SBC shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT SBC desires to extend its own Attachments, CBT SBC will construct Structure to accommodate CLEC's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT shall be borne by CLEC, the other requesting party or CBT, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBT, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBT, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBT, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Structure will be owned by CBT. CLEC and other parties, including CBT, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will and provided SBC-AMERITECH has not denied access as described in Section 16.1.2, or because SBC-AMERITECH may not lawfully make the Structure available, SBC- AMERITECH will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure availableCLEC. CBT SBC-AMERITECH may permit CLEC to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT SBC- AMERITECH is unable to complete such work in a reasonable time frame. For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized does not qualify as a “modification”, while adding taller poles, adding new ducts between existing manholes and rebuilding manholes, and adding innerduct to an existing duct to accommodate additional cables would qualify as a “modification”. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT SBC-AMERITECH will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayCLEC, may at CBT's SBC-AMERITECH’s option, include modifications required to accommodate other attaching parties, including CBTSBC-AMERITECH, that desire to modify their AttachmentsAttachments at the expense of such other attaching parties. 16.3.2 If CLEC requests access to a CBT an SBC-AMERITECH Right-of-way where CBT SBC-AMERITECH has no existing Structure, CBT SBC-AMERITECH shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT SBC-AMERITECH desires to extend its own Attachments, CBT SBC-AMERITECH will construct Structure to accommodate CLEC's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT SBC-AMERITECH shall be borne by CLEC, the other requesting party or CBTSBC-AMERITECH, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTSBC-AMERITECH, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTSBC- AMERITECH, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT SBC-AMERITECH with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTSBC-AMERITECH, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's SBC-AMERITECH’s Structure will be owned by CBTSBC-AMERITECH. CLEC and other parties, including CBTSBC-AMERITECH, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect . 16.3.5 When a party, including SBC-AMERITECH, subsequently seeks Attachment to a Party's recovery modified Structure, SBC-AMERITECH will notify in writing CLEC and any other parties who initially contributed to the cost of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Teammodification.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBTRequesting Carrier's option, include Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-of- way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECRequesting Carrier's Attachments.. 8822090.1 102708 1111C 96252093 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLECRequesting Carrier's request, the requests of another an existing or prospective attaching party party's request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-pre- existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-pre- existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. If Ameritech and Requesting Carrier are unable to agree on a reasonable cost or time frame for the completion of access-related work, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayRequesting Carrier, may at CBTAmeritech's option, include modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-Right- of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECRequesting Carrier's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECRequesting Carrier's request, the requests of another attaching party or the needs of CBT Ameritech shall be borne by CLECRequesting Carrier, the other requesting party or CBTAmeritech, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT Ameritech with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTAmeritech, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT may permit CLEC to conduct Field Survey Work and Make-Ready Work itself or through its own contractors in circumstances where CBT is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC may, at CBT's option, include modifications required to accommodate other attaching parties, including CBT, that desire to modify their Attachments. 16.3.2 If CLEC requests access to a CBT Right-of-way where CBT has no existing Structure, CBT shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT desires to extend its own Attachments, CBT will construct Structure to accommodate CLEC's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT shall be borne by CLEC, the other requesting party or CBT, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBT, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBT, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBT, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Structure will be owned by CBT. CLEC and other parties, including CBT, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.in

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth 12716496.1 103008 1100C 00650405 below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. (For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized or adding innerduct to an existing duct does not qualify as a “modification,” while adding taller poles, adding new ducts between existing manholes and rebuilding manholes to accommodate additional cables would qualify as a “modification.”) 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBT's option, include Requesting Carrier’s Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-of- way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Requesting Carrier’s Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's Requesting Carrier’s request, the requests of another an existing or prospective attaching party party’s request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-pre- existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-pre- existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Ameritech’s Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.12716496.1 103008 1100C 00650405

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. (For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized or adding innerduct to an existing duct does not qualify as a “modification,” while adding taller poles, adding new ducts between existing manholes and rebuilding manholes to accommodate additional cables would qualify as a “modification.”) 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBT's option, include Requesting Carrier’s Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or 12716496.1 110201 1406C 00650405 ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Requesting Carrier’s Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's Requesting Carrier’s request, the requests of another an existing or prospective attaching party party’s request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Ameritech’s Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECFocal, CBT will and provided Ameritech has not denied access as described in SECTION 16.1.2, or because Ameritech may not lawfully make the Structure -------------- available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure availableFocal. CBT Ameritech may permit CLEC Focal to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayFocal, may at CBTAmeritech's option, include modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Focal requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Focal but will be required to make the Right-of-way available to CLEC Focal to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech -------- ------- desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECFocal's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECFocal's request, the requests of another attaching party or the needs of CBT Ameritech shall be borne by CLECFocal, the other requesting party or CBTAmeritech, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Focal shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT Ameritech with a pre-pre- existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTAmeritech, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Focal and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECFrontier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify 6275755.2 101408 910C 96252093 its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Frontier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Frontier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech- approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBTFrontier's option, include Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC Frontier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Frontier but will be required to make the Right-of-way available to CLEC Frontier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECFrontier's Attachments. 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLECFrontier's request, the requests of another an existing or prospective attaching party party's request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Frontier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Frontier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Frontier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECRequesting Carrier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Requesting Carrier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Requesting Carrier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech-approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. (For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized or adding innerduct to an existing duct does not qualify as a “modification,” while adding taller poles, adding new ducts between existing manholes and rebuilding manholes to accommodate additional cables would qualify as a “modification.”) 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBT's option, include Requesting Carrier’s Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 If CLEC Requesting Carrier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Requesting Carrier but will be required to make the Right-of-of- way available to CLEC Requesting Carrier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Requesting Carrier’s Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's Requesting Carrier’s request, the requests of another an existing or prospective attaching party party’s request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-pre- 12716496.1 80509 940C 00650405 existing Attachment to the Structure to be modified to accommodate CLEC Requesting Carrier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-pre- existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Requesting Carrier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Ameritech’s Structure will be owned by CBTAmeritech. CLEC Requesting Carrier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECFrontier, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Frontier. Upon request, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Frontier to conduct Field Survey Work and Make-Make Ready Work itself or through its own Ameritech- approved contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame.. 861229.2 102208 1516C 96252093 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The Where possible, Ameritech shall include in a modification to accommodate CLEC may, at CBTFrontier's option, include Attachment(s) those modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC Frontier requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Frontier but will be required to make the Right-of-way available to CLEC Frontier to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECFrontier's Attachments. 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLECFrontier's request, the requests of another an existing or prospective attaching party party's request, or the needs of CBT Ameritech, shall be borne by CLEC, the other party requesting party or CBT, respectivelysuch modification, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of such modification proportionately with the party initiating the modification. An attaching A party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Frontier shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT party, including Ameritech, with a pre-pre- existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party, including Frontier. If an attaching party, including CBTAmeritech, makes an Attachment to the facility Structure after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Frontier and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECUrban Media, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3Urban Media. If Ameritech and Urban Media are unable to agree on a reasonable cost or time frame for the completion of access-related work, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC Urban Media to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayUrban Media, may at CBTAmeritech's option, include modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC Urban Media requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC Urban Media but will be required to make the Right-of-way available to CLEC Urban Media to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLECUrban Media's Attachments. 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLECUrban Media's request, the requests of another attaching party or the needs of CBT Ameritech shall be borne by CLECUrban Media, the other requesting party or CBTAmeritech, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC Urban Media shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT Ameritech with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTAmeritech, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC Urban Media and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will and provided Ameritech has not denied access as described in Section 16.1.2, or because Ameritech may not lawfully make the Structure available, Ameritech will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC. If Ameritech and CLEC as set forth in this Section 16.3are unable to agree on a reasonable cost or time frame for the completion of access-related work, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT Ameritech may permit CLEC to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayCLEC, may at CBTAmeritech's option, include modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC's Attachments. 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT Ameritech shall be borne by CLEC, the other requesting party or CBTAmeritech, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTAmeritech, with a pre-pre- existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT Ameritech with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTAmeritech, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will and provided SBC-AMERITECH has not denied access as described in Section 16.1.2, or because SBC-AMERITECH may not lawfully make the Structure available, SBC- AMERITECH will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure availableCLEC. CBT SBC-AMERITECH may permit CLEC to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT SBC- AMERITECH is unable to complete such work in a reasonable time frame. For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized does not qualify as a “modification”, while adding taller poles, adding new ducts between existing manholes and rebuilding manholes, and adding innerduct to an existing duct to accommodate additional cables would qualify as a “modification”. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT SBC-AMERITECH will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayCLEC, may at CBT's SBC-AMERITECH’s option, include modifications required to accommodate other attaching parties, including CBTSBC-AMERITECH, that desire to modify their AttachmentsAttachments at the expense of such other attaching parties. 16.3.2 If CLEC requests access to a CBT an SBC-AMERITECH Right-of-way where CBT SBC-AMERITECH has no existing Structure, CBT SBC-AMERITECH shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT SBC-AMERITECH desires to extend its own Attachments, CBT SBC-AMERITECH will construct Structure to accommodate CLEC's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT SBC-AMERITECH shall be borne by CLEC, the other requesting party or CBTSBC-AMERITECH, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTSBC-AMERITECH, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTSBC-AMERITECH, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6requirements, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT SBC-AMERITECH with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTSBC-AMERITECH, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's SBC-AMERITECH’s Structure will be owned by CBTSBC-AMERITECH. CLEC and other parties, including CBTSBC-AMERITECH, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect . 16.3.5 When a party, including SBC-AMERITECH, subsequently seeks Attachment to a Party's recovery modified Structure, SBC-AMERITECH will notify in writing CLEC and any other parties who initially contributed to the cost of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Teammodification.

Access and Modifications. Where necessary to accommodate a request for access of CLEC, CBT will and provided SBC-AMERITECH has not denied access as described in Section 16.1.2, or because SBC-AMERITECH may not lawfully make the Structure available, SBC-AMERITECH will, as set forth below, modify its Structure in order to accommodate the Attachments of CLEC as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure availableCLEC. CBT SBC-AMERITECH may permit CLEC to conduct Field Survey Work and Make-Make Ready Work itself or through its own contractors in circumstances where CBT SBC-AMERITECH is unable to complete such work in a reasonable time frame. For purposes of this Agreement, a “modification” shall mean any action that either adds future capacity to, or increases the existing capacity of, a given facility. By way of example, adding a bracket to a pole that is immediately utilized does not qualify as a “modification”, while adding taller poles, adding new ducts between existing manholes and rebuilding manholes, and adding innerduct to an existing duct to accommodate additional cables would qualify as a “modification”. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT SBC-AMERITECH will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC mayCLEC, may at CBT's SBC-AMERITECH’s option, include modifications required to accommodate other attaching parties, including CBTSBC-AMERITECH, that desire to modify their AttachmentsAttachments at the expense of such other attaching parties. 16.3.2 If CLEC requests access to a CBT an SBC-AMERITECH Right-of-way where CBT SBC-AMERITECH has no existing Structure, CBT SBC-AMERITECH shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC but will be required to make the Right-of-way available to CLEC to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT SBC-AMERITECH desires to extend its own Attachments, CBT SBC-AMERITECH will construct Structure to accommodate CLEC's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLEC's request, the requests of another attaching party or the needs of CBT shall be borne by CLEC, the other requesting party or CBT, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBT, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBT, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBT, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Structure will be owned by CBT. CLEC and other parties, including CBT, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLEC21st Century, CBT Ameritech will modify its Structure in order to accommodate the Attachments of CLEC 21st Century as set forth in this Section 16.3, unless (i) CBT Ameritech has denied access as described in Section 16.1.2, and/or (ii) because CBT Ameritech may not lawfully make the Structure available. CBT Ameritech may permit CLEC 21st Century to conduct Field Survey Work and Make-Ready Work itself or through its own contractors in circumstances where CBT Ameritech is unable to complete such work in a reasonable time frame. 16.3.1 XVI.3.1 Before commencing the work necessary to provide such additional capacityCapacity, CBT Ameritech will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC 21st Century may, at CBTAmeritech's option, include modifications required to accommodate other attaching parties, including CBTAmeritech, that desire to modify their Attachments. 16.3.2 XVI.3.2 If CLEC 21st Century requests access to a CBT an Ameritech Right-of-way where CBT Ameritech has no existing Structure, CBT Ameritech shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC 21st Century but will be required to make the Right-of-way available to CLEC 21st Century to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT Ameritech desires to extend its own Attachments, CBT Ameritech will construct Structure to accommodate CLEC21st Century's Attachments. 16.3.3 XVI.3.3 The costs of modifying a Structure to accommodate CLEC21st Century's request, the requests of another attaching party or the needs of CBT Ameritech shall be borne by CLEC21st Century, the other requesting party or CBTAmeritech, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBTAmeritech, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC 21st Century shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBTAmeritech, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT Ameritech with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBTAmeritech, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 XVI.3.4 All modifications to CBTAmeritech's Structure will be owned by CBTAmeritech. CLEC 21st Century and other parties, including CBTAmeritech, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.

Access and Modifications. Where necessary to accommodate a request for access of CLECSBCT, CBT will modify its Structure in order to accommodate the Attachments of CLEC SBCT as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT may permit CLEC SBCT to conduct Field Survey Work field survey work and Makemake-Ready Work ready work itself or through its own contractors in circumstances where CBT is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT will notify all other parties Parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC SBCT may, at CBT's option, include modifications required to accommodate other attaching partiesParties, including CBT, that desire to modify their Attachments. 16.3.2 If CLEC SBCT requests access to a CBT Right-of-way where CBT has no existing Structure, CBT shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC SBCT but will be required to make the Right-of-way available to CLEC SBCT to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT desires to extend its own Attachments, CBT will construct Structure to accommodate CLECSBCT's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECSBCT's request, the requests of another attaching party or the needs of CBT shall be borne by CLECSBCT, the other requesting party or CBT, respectively, except that if other parties Parties obtain access to the Structure as a result of the modification, such parties Parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBT, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC SBCT shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBT, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBT, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Structure will be owned by CBT. CLEC SBCT and other partiesParties, including CBT, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties Parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team, pursuant to Section 16.7.

Access and Modifications. Where necessary to accommodate a request for access of CLECTELIGENT, CBT will modify its Structure in order to accommodate the Attachments of CLEC TELIGENT as set forth in this Section 16.3, unless (i) CBT has denied access as described in Section 16.1.2, and/or (ii) because CBT may not lawfully make the Structure available. CBT may permit CLEC TELIGENT to conduct Field Survey Work and Make-Ready Work itself or through its own contractors in circumstances where CBT is unable to complete such work in a reasonable time frame. 16.3.1 Before commencing the work necessary to provide such additional capacity, CBT will notify all other parties having Attachments on or in the Structure of the proposed modification to the Structure. The modification to accommodate CLEC TELIGENT may, at CBT's option, include modifications required to accommodate other attaching parties, including CBT, that desire to modify their Attachments. 16.3.2 If CLEC TELIGENT requests access to a CBT Right-of-way where CBT has no existing Structure, CBT shall not be required to construct new poles, conduits or ducts, or to bury cable for CLEC TELIGENT but will be required to make the Right-of-way available to CLEC TELIGENT to construct its own poles, conduits or ducts or to bury its own cable; provided, however, if CBT desires to extend its own Attachments, CBT will construct Structure to accommodate CLECTELIGENT's Attachments. 16.3.3 The costs of modifying a Structure to accommodate CLECTELIGENT's request, the requests of another attaching party or the needs of CBT shall be borne by CLECTELIGENT, the other requesting party or CBT, respectively, except that if other parties obtain access to the Structure as a result of the modification, such parties shall share in the cost of modification proportionately with the party initiating the modification. An attaching party, including CBT, with a pre-existing Attachment to the Structure to be modified to accommodate CLEC TELIGENT shall be deemed to directly benefit from the modification if, after receiving notification of the modification, it adds to or modifies its Attachment. If a party, including CBT, uses the modification to bring its Structure or Attachments into compliance with applicable safety or other requirements specified in Section 16.6, it shall be considered as sharing in the modification and shall share the costs of the modification attributable to its upgrade. Notwithstanding the foregoing, an attaching party or CBT with a pre-existing Attachment to the Structure shall not be required to bear any of the costs of rearranging or replacing its Attachment if such rearrangement or replacement is necessitated solely as a result of an additional Attachment or the modification of an existing Attachment sought by another attaching party. If an attaching party, including CBT, makes an Attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered the added attachment possible. 16.3.4 All modifications to CBT's Structure will be owned by CBT. CLEC TELIGENT and other parties, including CBT, who contributed to the cost of a modification, may recover their proportionate share of the depreciated value of such modifications from parties subsequently seeking Attachment to the modified structure. Any necessary procedures with respect to a Party's recovery of its proportionate share of the value of any modifications shall be as prescribed by the Implementation Team.