Common use of Access to Associated Rights-of-Way Clause in Contracts

Access to Associated Rights-of-Way. Each pole attachment and conduit occupancy license made under this Appendix shall include access to and use of all associated rights-of-way, including, but not limited to, rights-of-way required by CLEC for ingress, egress, or other access to any sites where SBC MISSOURI’s solely or partly owned or controlled poles, manholes, conduit, ducts, or other parts of SBC MISSOURI’s solely or partly owned or controlled conduit system are located, but only to the extent, if any, that SBC MISSOURI has the legal authority to grant such access and use. SBC MISSOURI also agrees to provide nondiscriminatory access to rights-of-way containing Controlled Environment Vaults (CEVs), huts, cabinets, and other similar structures to the extent that collocation to such facilities is agreed or required by order of any court or governmental agency having jurisdiction over the subject matter. SBC MISSOURI agrees that it shall place no restrictions on CLEC’s ability to construct, maintain, and monitor its facilities at these sites that are more restrictive than those SBC MISSOURI places on itself. (a) Although SBC MISSOURI shall afford access to rights-of-way owned or controlled by it and permit CLEC to utilize SBC MISSOURI’s rights-of-way to the extent that SBC MISSOURI has legal authority to do so, CLEC acknowledges that SBC MISSOURI may not own or control certain rights-of-way to the extent necessary to permit CLEC full access to such rights-of-way. The following general principles shall be applied with respect to access to rights-of-way on third-party real estate: (1) CLEC shall first attempt to obtain right-of-way directly from the property owner. (2) If SBC MISSOURI has legal authority to permit access by CLEC to a right-of-way on third-party property, SBC MISSOURI will not restrict CLEC’s use of the right-of-way. (3) If CLEC has the right of eminent domain under state law, CLEC shall independently attempt to obtain the right-of-way it seeks through the exercise of that right. (b) SBC MISSOURI and CLEC agree that dark fiber and unused four-wire copper cable are not considered "poles, conduits, and rights-of-way".

Access to Associated Rights-of-Way. Each pole attachment and conduit occupancy license made under this Appendix shall include access to and use of all associated rights-of-way, including, but not limited to, rights-rights- of-way required by CLEC for ingress, egress, or other access to any sites where SBC MISSOURI’s ’S solely or partly owned or controlled poles, manholes, conduit, ducts, or other parts of SBC MISSOURI’s ’S solely or partly owned or controlled conduit system are located, but only to the extent, if any, that SBC MISSOURI has the legal authority to grant such access and use. SBC MISSOURI also agrees to provide nondiscriminatory access to rights-of-way containing Controlled Environment Vaults (CEVs), huts, cabinets, and other similar structures to the extent that collocation to such facilities is agreed or required by order of any court or governmental agency having jurisdiction over the subject matter. SBC MISSOURI agrees that it shall place no restrictions on CLEC’s ability to construct, maintain, and monitor its facilities at these sites that are more restrictive than those SBC MISSOURI places on itself. (a) Although SBC MISSOURI shall afford access to rights-of-way owned or controlled by it and permit CLEC to utilize SBC MISSOURI’s ’S rights-of-way to the extent that SBC MISSOURI has legal authority to do so, CLEC acknowledges that SBC MISSOURI may not own or control certain rights-rights- of-way to the extent necessary to permit CLEC full access to such rights-of-way. The following general principles shall be applied with respect to access to rights-of-way on third-party real estate: (1) CLEC shall first attempt to obtain right-of-way directly from the property owner. (2) If SBC MISSOURI has legal authority to permit access by CLEC to a right-of-way on third-third- party property, SBC MISSOURI will not restrict CLEC’s use of the right-of-way. (3) If CLEC has the right of eminent domain under state law, CLEC shall independently attempt to obtain the right-of-way it seeks through the exercise of that right. (b) SBC MISSOURI and CLEC agree that dark fiber and unused four-wire copper cable are not considered "poles, conduits, and rights-of-way".

Access to Associated Rights-of-Way. Each pole attachment and conduit occupancy license made under this Appendix shall include access to and use of all associated rights-of-way, including, but not limited to, rights-of-way required by CLEC AT&T for ingress, egress, or other access to any sites where SBC MISSOURI’s solely or partly owned or controlled poles, manholes, conduit, ducts, or other parts of SBC MISSOURI’s solely or partly owned or controlled conduit system are located, but only to the extent, if any, that SBC MISSOURI has the legal authority to grant such access and use. SBC MISSOURI also agrees to provide nondiscriminatory access to rights-of-way containing Controlled Environment Vaults (CEVs), huts, cabinets, and other similar structures to the extent that collocation to such facilities is agreed upon or required by order of any court or governmental agency having jurisdiction over the subject matter. SBC MISSOURI agrees that it shall place no restrictions on CLECAT&T’s ability to construct, maintain, and monitor its facilities at these sites that are more restrictive than those SBC MISSOURI places on itself. (a) Although SBC MISSOURI shall afford access to rights-of-way owned or controlled by it and permit CLEC AT&T to utilize SBC MISSOURI’s rights-of-way to the extent that SBC MISSOURI has legal authority to do so, CLEC AT&T acknowledges that SBC MISSOURI may not own or control certain rights-of-way to the extent necessary to permit CLEC AT&T full access to such rights-of-way. The following general principles shall be applied with respect to access to rights-of-way on third-party real estate: (1) CLEC AT&T shall first attempt to obtain right-of-way directly from the property owner. (2) If SBC MISSOURI has legal authority to permit access by CLEC AT&T to a right-of-way on third-party property, SBC MISSOURI will not restrict CLECAT&T’s use of the right-of-way. (3) If CLEC AT&T has the right of eminent domain under state law, CLEC AT&T shall independently attempt to obtain the right-of-way it seeks through the exercise of that right. (b) SBC MISSOURI and CLEC AT&T agree that dark fiber and unused four-wire copper cable are not considered "poles, conduits, and rights-of-way".

Access to Associated Rights-of-Way. Each pole attachment and conduit occupancy license permit made under this Appendix shall include access to and use of all associated rights-rights- of-way, including, but not limited to, rights-of-way required by CLEC AT&T for ingress, egress, or other access to any sites where SBC MISSOURINEVADA’s solely or partly owned or controlled poles, manholes, conduit, ducts, or other parts of SBC MISSOURINEVADA’s solely or partly owned or controlled conduit system are located, but only to the extent, if any, that SBC MISSOURI NEVADA has the legal authority to grant such access and use. SBC MISSOURI NEVADA also agrees to provide nondiscriminatory access to rights-of-way containing Controlled Environment Vaults (CEVs), huts, cabinets, and other similar structures to the extent that collocation to such facilities is agreed or required by order of any court or governmental agency having jurisdiction over the subject matter, but only to the extent, if any, that SBC NEVADA has the legal authority to grant such access. SBC MISSOURI NEVADA agrees that it shall place no restrictions on CLECAT&T’s ability to construct, maintain, and monitor its facilities at these sites that are more restrictive than those SBC MISSOURI NEVADA places on itself. (a) Although SBC MISSOURI NEVADA shall afford access to rights-of-way owned or controlled by it and permit CLEC AT&T to utilize SBC MISSOURINEVADA’s rights-of-way to the extent that SBC MISSOURI NEVADA has legal authority to do so, CLEC AT&T acknowledges that SBC MISSOURI NEVADA may not own or control certain rights-of-way to the extent necessary to permit CLEC AT&T full access to such rights-of-way. The following general principles shall be applied with respect to access to rights-of-way on third-party real estate: (1) CLEC AT&T shall first attempt to obtain right-of-way directly from the property owner. (2) If SBC MISSOURI NEVADA has legal authority to permit access by CLEC AT&T to a right-of-way on third-party property, SBC MISSOURI NEVADA will not restrict CLECAT&T’s use of the right-of-way. (3) If CLEC AT&T has the right of eminent domain under state law, CLEC AT&T shall independently attempt to obtain the right-of-way it seeks through the exercise of that right. (b) SBC MISSOURI NEVADA and CLEC AT&T agree that dark fiber and unused four-wire copper cable are not considered "poles, conduits, and rights-of-way".