Common use of After CLEC has submitted Clause in Contracts

After CLEC has submitted. its written Application for a License, a Pre-License Survey (including a field inspection) will be performed by either Party, in the company of a representative of the other Party as mutually agreed, to determine whetheArT&T’s Poles, Anchors and Anchor/Guy Strands, or Conduit System, in their present condition,acn accommodate CLEC’s Failcities, without substantially interfering with the ability ofAT&T or any other authorized person or entity to use or access the Pole, Anchor or Anchor/Xxx Xxxxxx or any portion oAf T&T's Conduit System orFacilities atached toAT&T’s Pole or placed within or connected toAT&T’s Conduit System. If a Pre-License Survey is to be conductedAbTy&T, AT&T will provide CLEC the Costs to perform the Pre-License Survey. After receipt of CLEC’s payment of Pre- License Survey CostsA, T&T will schedule the survey. If CLEC gives itpsrior written consent in writing, the determination of Duct availability may include the rodding of Ducts at CLEC’s expense. 9.2.1.1 The purpose of the Pre-License Survey is to determine whether CLEC’s proposed attachments to AT&T’s Poles or occupancy oAf T&T’s Conduit and Ducts will subsatntially interfere with use of AT&T’s Facilities byAT&T and others with Facilities occupying, connected or attached to AT&T's Pole or Conduit System and to determine what Make-Ready Work is required to accommodate CLEC’sFacilities onAT&T’s Poles, Joint Use Pole(s), or Conduit, Duct, or ROW and the cost associated withAT&T performing such Make-Ready Work and to provide information to CLEC for its determination of whether the Pole, Anchor, Anchor/Xxx Xxxxxx, Conduit, Duct, or ROW is suitable for its use. 9.2.1.2 Based on information provided bAyT&T, CLEC shall determine whetheArT&T's Pole, Anchor, Anchor/Xxx Xxxxxx, Conduit and Duct Facilities are suitable to meet CLEC’s needs. 9.2.1.3 AT&T may not unreasonably refuse to continue to process an Application basedAoTn&T’s determination that CLEC’s proposed use oAfT&T’s Facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. CLEC shall be responsible for making its own, independent determinoantithat its use of suchFacilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. CLEC acknowledges thaAt T&T is not explicitly or implicitly warranting to CLEC that CLEC’s proposed use of AT&T’s Facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.

After CLEC has submitted. its written Application for a License, a Pre-License Survey (including a field inspection) will be performed by either Party, in the company of a representative of the other Party as mutually agreed, to determine whetheArT&Twhether AT&T-22STATE’s Poles, Anchors and Anchor/Guy Strands, or Conduit System, in their present condition,acn , can accommodate CLEC’s FailcitiesFacilities, without substantially interfering with the ability ofAT&T of AT&T-22STATE or any other authorized person or entity to use or access the Pole, Anchor or Anchor/Xxx Xxxxxx or any portion oAf T&Tof AT&T-22STATE's Conduit System orFacilities atached toAT&Tor Facilities attached to AT&T-22STATE’s Pole or placed within or connected toAT&Tto AT&T-22STATE’s Conduit System. If a Pre-License Survey is to be conductedAbTy&Tconducted by AT&T-22STATE, AT&T AT&T-22STATE will provide CLEC the Costs to perform the Pre-License Survey. After receipt of CLEC’s payment of Pre- Pre-License Survey CostsACosts, T&T AT&T- 22STATE will schedule the survey. If CLEC gives itpsrior its prior written consent in writing, the determination of Duct availability may include the rodding of Ducts at CLEC’s expense. 9.2.1.1 The purpose of the Pre-License Survey is to determine whether CLEC’s proposed attachments to AT&TAT&T-22STATE’s Poles or occupancy oAf T&Tof AT&T-22STATE’s Conduit and Ducts will subsatntially substantially interfere with use of AT&TAT&T-22STATE’s Facilities byAT&T by AT&T-22STATE and others with Facilities occupying, connected or attached to AT&TAT&T-22STATE's Pole or Conduit System and to determine what Make-Ready Work is required to accommodate CLEC’sFacilities onAT&TCLEC’s Facilities on AT&T-22STATE’s Poles, Joint Use Pole(s), or Conduit, Duct, or ROW and the cost associated withAT&T with AT&T-22STATE performing such Make-Ready Work and to provide information to CLEC for its determination of whether the Pole, Anchor, Anchor/Xxx Xxxxxx, Conduit, Duct, or ROW is suitable for its use. 9.2.1.2 Based on information provided bAyT&Tby AT&T-22STATE, CLEC shall determine whetheArT&Twhether AT&T- 22STATE's Pole, Anchor, Anchor/Xxx Xxxxxx, Conduit and Duct Facilities are suitable to meet CLEC’s needs. 9.2.1.3 AT&T may not unreasonably refuse to continue to process an Application basedAoTn&T’s determination that CLEC’s proposed use oAfT&T’s Facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. CLEC shall be responsible for making its own, independent determinoantithat its use of suchFacilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. CLEC acknowledges thaAt T&T is not explicitly or implicitly warranting to CLEC that CLEC’s proposed use of AT&T’s Facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.