Common use of Application Form Clause in Contracts

Application Form. To apply for a pole attachment or conduit occupancy license under this Agreement, Applicant shall submit to SWBT two signed copies of the appropriate application forms. SWBT represents that the forms specified in subsections (a)-(b) are forms in use prior to the effective date of this Agreement and that SWBT is in the process of revising such forms to conform to the provisions of this Agreement and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will be interim forms only. SWBT reserves the right to change the format and content of these forms upon 60 days written notice to Applicant. (a) To apply for a pole attachment license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make- Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”). An application for a pole attachment license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9433 and SW-9434 are attached to this Agreement as parts of APPENDIX III. (b) To apply for a conduit occupancy license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9434 and SW-9435 are attached to this Agreement as parts of APPENDIX III. (c) Each application for a license under this Agreement shall include, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along Applicant’s proposed route to or within which Applicant desires to attach or place its facilities; (2) a description of the facilities to be attached to SWBT’s poles and a description of the facilities to be placed within each component of SWBT’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route; (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of apparatus enclosures and other facilities to be attached to SWBT’s poles or placed in SWBT’s conduit system. (e) When it appears to Applicant that facilities modification, capacity expansion, or make-ready work may be required to accommodate Applicant’s access requests, Applicant shall describe the facilities modification, capacity expansion, or make-ready work which Applicant proposes. Applicant shall also describe its plans, if any, to use any infrequent construction technique or connectivity solution authorized under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use of such technique or solution. (f) Applicant acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBT, that it may be necessary for SWBT to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate Applicant’s request for access to SWBT’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT or by another entity. Accordingly, the application shall, to the extent feasible, identify all poles utilized by SWBT (without regard to ownership) along Applicant’s proposed route. (g) Each application for a license under this Agreement shall be accompanied by a construction schedule showing Applicant’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBT’s engineering and outside plant construction personnel in scheduling work required to process Applicant’s applications and scheduling such capacity expansions, make- ready work, and facilities modifications, if any, as may be necessary to accommodate Applicant’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 4 contracts

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

AutoNDA by SimpleDocs

Application Form. To apply for a pole attachment or conduit occupancy license under this Agreement, Applicant shall submit to SWBT two signed copies of the appropriate application forms. SWBT represents that the forms specified in subsections (a)-(b) are forms in use prior to the effective date of this Agreement and that SWBT is in the process of revising such forms to conform to the provisions of this Agreement and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will be interim forms only. SWBT reserves the right to change the format and content of these forms upon 60 days written notice to Applicant. (a) To apply for a pole attachment license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make- Make-Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”). An application for a pole attachment license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9433 and SW-9434 are attached to this Agreement as parts of APPENDIX III. (b) To apply for a conduit occupancy license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9434 and SW-9435 are attached to this Agreement as parts of APPENDIX III. (c) Each application for a license under this Agreement shall include, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along Applicant’s proposed route to or within which Applicant desires to attach or place its facilities; (2) a description of the facilities to be attached to SWBT’s poles and a description of the facilities to be placed within each component of SWBT’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route; (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of apparatus enclosures and other facilities to be attached to SWBT’s poles or placed in SWBT’s conduit system. (e) When it appears to Applicant that facilities modification, capacity expansion, or make-ready work may be required to accommodate Applicant’s access requests, Applicant shall describe the facilities modification, capacity expansion, or make-ready work which Applicant proposes. Applicant shall also describe its plans, if any, to use any infrequent construction technique or connectivity solution authorized under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use of such technique or solution. (f) Applicant acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBT, that it may be necessary for SWBT to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate Applicant’s request for access to SWBT’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT or by another entity. Accordingly, the application shall, to the extent feasible, identify all poles utilized by SWBT (without regard to ownership) along Applicant’s proposed route. (g) Each application for a license under this Agreement shall be accompanied by a construction schedule showing Applicant’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBT’s engineering and outside plant construction personnel in scheduling work required to process Applicant’s applications and scheduling such capacity expansions, make- make-ready work, and facilities modifications, if any, as may be necessary to accommodate Applicant’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-non- CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 3 contracts

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

Application Form. To apply for a pole attachment or conduit occupancy license under this AgreementAppendix, Applicant CLEC shall submit to SWBT SBC MISSOURI two signed copies of the appropriate application forms. SWBT SBC MISSOURI represents that the forms specified in subsections (a)-(ba) and (b) are forms in use prior to the effective date of this Agreement Appendix and that SWBT is in the process of revising SBC MISSOURI plans to revise such forms to conform to the provisions of this Agreement Appendix and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will shall be interim forms only. SWBT SBC MISSOURI reserves the right to change the format and content of these forms upon 60 days written notice to ApplicantCLEC. (a) To apply for a pole attachment license, Applicant CLEC shall submit to SWBT SBC MISSOURI two signed copies of SWBT’s SBC MISSOURI’S Form SW-9434 (“Access Application and Make- Make-Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”)SW-9433. An application for a pole attachment license will shall not be complete or subject to processing by SWBT SBC MISSOURI until these forms have been submitted to SWBTSBC MISSOURI; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9433 and SW-9434 SW-9434, are attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (b) To apply for a conduit occupancy license, Applicant CLEC shall submit to SWBT SBC MISSOURI two signed copies of SWBT’s SBC MISSOURI Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will shall not be complete or subject to processing by SWBT SBC MISSOURI until these forms have been submitted to SWBTSBC MISSOURI; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9434 and SW-9435 SW-9435, are attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (c) Each application for a license under this Agreement Appendix shall includeinclude the following information, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along ApplicantCLEC’s proposed route to or within which Applicant CLEC desires to attach or place its facilities;, as well as associated maps and manhole detailed butterfly drawings, wind loading, bending moment, vertical loading and associated strand maps; (ISSUE # 5) (2) a description of the facilities to be attached to SWBT’s SBC MISSOURI’S poles and a description of the facilities to be placed within each component of SWBT’s SBC MISSOURI’S conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route;; and (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and, (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of permitted apparatus enclosures and other facilities to be attached to SWBT’s SBC MISSOURI’S poles or placed in SWBT’s SBC MISSOURI’S conduit system. (e) When it appears to Applicant CLEC that facilities modification, capacity expansion, or make-ready work work, may be required to accommodate ApplicantCLEC’s access requests, Applicant CLEC shall describe the facilities modification, capacity expansion, expansion or make-ready work which Applicant CLEC proposes. Applicant CLEC shall also describe its plans, if any, intent to use any infrequent construction technique techniques or connectivity solution authorized solutions under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use utilization of such technique techniques or solutionsolutions. (f) Applicant CLEC acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBTSBC MISSOURI, that it may be necessary for SWBT SBC MISSOURI to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate ApplicantCLEC’s request for access to SWBT’s SBC MISSOURI’S poles and that, at the time an application is submitted, it may be difficult for Applicant CLEC to determine with certainty whether a particular pole is owned or controlled by SWBT SBC MISSOURI or by another entity. Accordingly, the application shall, to the extent feasible, identify all poles utilized by SWBT SBC MISSOURI (without regard to ownership) along Applicant’s the proposed route.. (ISSUE # 6) (g) Each application for a license under this Agreement Appendix shall be accompanied by a construction schedule showing ApplicantCLEC’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBT’s SBC MISSOURI’S engineering and outside plant construction personnel in scheduling work required to process ApplicantCLEC’s applications and scheduling such capacity expansions, make- make-ready work, and facilities modifications, if any, as may be necessary to accommodate ApplicantCLEC’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 2 contracts

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

Application Form. To apply for a pole attachment or conduit occupancy license under this AgreementAppendix, Applicant CLEC shall submit to SWBT SBC MISSOURI two signed copies of the appropriate application forms. SWBT SBC MISSOURI represents that the forms specified in subsections (a)-(ba) and (b) are forms in use prior to the effective date of this Agreement Appendix and that SWBT is in the process of revising SBC MISSOURI plans to revise such forms to conform to the provisions of this Agreement Appendix and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will shall be interim forms only. SWBT SBC MISSOURI reserves the right to change the format and content of these forms upon 60 days written notice to ApplicantCLEC. (a) To apply for a pole attachment license, Applicant CLEC shall submit to SWBT SBC MISSOURI two signed copies of SWBTSBC MISSOURI’s Form SW-9434 (“Access Application and Make- Make-Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”)SW-9433. An application for a pole attachment license will shall not be complete or subject to processing by SWBT SBC MISSOURI until these forms have been submitted to SWBTSBC MISSOURI; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9433 and SW-9434 SW-9434, are attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (b) To apply for a conduit occupancy license, Applicant CLEC shall submit to SWBT SBC MISSOURI two signed copies of SWBTSBC MISSOURI’s Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will shall not be complete or subject to processing by SWBT SBC MISSOURI until these forms have been submitted to SWBTSBC MISSOURI; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9434 and SW-9435 SW-9435, are attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (c) Each application for a license under this Agreement Appendix shall includeinclude the following information, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along ApplicantCLEC’s proposed route to or within which Applicant CLEC desires to attach or place its facilities, as well as associated maps and manhold detailed butterfly drawings; (2) a description of the facilities to be attached to SWBTSBC MISSOURI’s poles and a description of the facilities to be placed within each component of SWBTSBC MISSOURI’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route;; and (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and, (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of permitted apparatus enclosures and other facilities to be attached to SWBTSBC MISSOURI’s poles or placed in SWBTSBC MISSOURI’s conduit system. (e) When it appears to Applicant CLEC that facilities modification, capacity expansion, or make-ready work work, may be required to accommodate ApplicantCLEC’s access requests, Applicant CLEC shall describe the facilities modification, capacity expansion, expansion or make-ready work which Applicant CLEC proposes. Applicant CLEC shall also describe its plans, if any, intent to use any infrequent construction technique techniques or connectivity solution authorized solutions under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use utilization of such technique techniques or solutionsolutions. (f) Applicant CLEC acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBTSBC MISSOURI, that it may be necessary for SWBT SBC MISSOURI to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate ApplicantCLEC’s request for access to SWBTSBC MISSOURI’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT or by another entity. Accordingly, the application shall, to the extent feasible, CLEC shall identify all poles utilized by SWBT SBC MISSOURI (without regard to ownership) along Applicant’s the proposed route. If CLEC does not identify all poles, CLEC may contract with SBC KANSAS to do so, at CLEC’s expense. (g) Each application for a license under this Agreement Appendix shall be accompanied by a construction schedule showing ApplicantCLEC’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBTSBC MISSOURI’s engineering and outside plant construction personnel in scheduling work required to process ApplicantCLEC’s applications and scheduling such capacity expansions, make- make-ready work, and facilities modifications, if any, as may be necessary to accommodate ApplicantCLEC’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 2 contracts

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way, Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

Application Form. To apply for a pole attachment or conduit occupancy license permit under this Agreement, Applicant shall submit to SWBT two NEVADA signed copies of the appropriate application forms. SWBT NEVADA represents that the forms specified in subsections (a)-(b) Sections 9.2.1-9.2.2 are forms in use prior to the effective date of this Agreement and that SWBT is in the process of revising such forms to conform to the provisions of this Agreement and to streamline the application processAgreement. The parties therefore agree that the forms specified in subsections (a) and (b) will be interim forms only. SWBT NEVADA reserves the right to change the format and content of these forms upon 60 days written notice to Applicant. (a) 9.2.1 To apply for a pole attachment licensepermit, Applicant shall submit to SWBT two NEVADA signed copies of SWBTNEVADA’s Form SW-9434 CO018 (“Access Application and Make- Ready Authorizationfor Pole Attachment/Conduit Occupancy”) together with completed Form SW-9433 CO4927- NEV (“Pole AttachmentsPermit to Attach/Occupy”). An application for a pole attachment license permit will not be complete or subject to processing by SWBT NEVADA until these forms have been submitted to SWBTNEVADA; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) Sections 9.2.3-9.2.8 below, as applicable. Copies of Forms SW-9433 CO4927-NEV and SW-9434 CO018 are attached to this Agreement as parts of APPENDIX III. (b) 9.2.2 To apply for a conduit occupancy licensepermit, Applicant shall submit to SWBT two NEVADA signed copies of SWBTNEVADA’s Form SW-9434 CO018 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“for Pole Attachment/Conduit Occupancy”). ) An application for a conduit occupancy license permit will not be complete or subject to processing by SWBT NEVADA until these forms have been submitted to SWBTNEVADA; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) Sections 9.2.3-9.2.8 below, as applicable. Copies of Forms SW-9434 and SW-9435 Form CO018 are attached to this Agreement as parts of APPENDIX III. (c) 9.2.3 Each application for a license permit under this Agreement shall include, at a minimum, the following information: (1a) the The poles, ducts, and conduits (including all manholes) along Applicant’s proposed route to or within which Applicant desires to attach or place its facilities; (2b) a A description of the facilities to be attached to SWBTNEVADA’s poles and a description of the facilities to be placed within each component of SWBTNEVADA’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route; (3c) for For poles, the proposed points of attachment; (4d) for For building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 5.6 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5e) if If applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT NEVADA has received Applicant’s written instruction to make such assignment or issued a license permit authorizing Applicant to occupy the space requested; and (6f) if If applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a licensepermit, as provided in Section 8.03 8. 3 of this Agreement. (d) 9.2.4 Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1a) the The number and types of cables, including the physical size (diameter) and weight (weight per foot); (2b) the The number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and (3c) sufficient Sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of apparatus enclosures and other facilities to be attached to SWBTNEVADA’s poles or placed in SWBTNEVADA’s conduit system. (e) 9.2.5 When it appears to Applicant that facilities modification, capacity expansion, or make-ready work may be required to accommodate Applicant’s access requests, Applicant shall describe the facilities modification, capacity expansion, or make-ready work which Applicant proposes. Applicant shall also describe its plans, if any, to use any infrequent construction technique or connectivity solution authorized under Section 6.03 6.3 to avoid high or unusual expenditures and state its reasons for the use of such technique or solution. (f) 9.2.6 Applicant acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBTNEVADA, that it may be necessary for SWBT NEVADA to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate Applicant’s request for access to SWBTNEVADA’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT NEVADA or by another entity. Accordingly, the application shall, to the extent feasible, identify all poles utilized by SWBT NEVADA (without regard to ownership) along Applicant’s proposed route. (g) Each application for a license under this Agreement shall be accompanied by a construction schedule showing Applicant’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBT’s engineering and outside plant construction personnel in scheduling work required to process Applicant’s applications and scheduling such capacity expansions, make- ready work, and facilities modifications, if any, as may be necessary to accommodate Applicant’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 1 contract

Samples: Access Agreement

Application Form. To apply for a pole attachment or conduit occupancy license under this Agreement, Applicant shall submit to SWBT two signed copies of the appropriate application forms. SWBT represents that the forms specified in subsections (a)-(b) are forms in use prior to the effective date of this Agreement and that SWBT is in the process of revising such forms to conform to the provisions of this Agreement and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will be interim forms only. SWBT reserves the right to change the format and content of these forms upon 60 days written notice to Applicant. (a) To apply for a pole attachment license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make- Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”). An application for a pole attachment license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9433 and SW-9434 are attached to this Agreement as parts of APPENDIX III. (b) To apply for a conduit occupancy license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9434 and SW-9435 are attached to this Agreement as parts of APPENDIX III. (c) Each application for a license under this Agreement shall include, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along Applicant’s proposed route to or within which Applicant desires to attach or place its facilities; (2) a description of the facilities to be attached to SWBT’s poles and a description of the facilities to be placed within each component of SWBT’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route; (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of apparatus enclosures and other facilities to be attached to SWBT’s poles or placed in SWBT’s conduit system. (e) When it appears to Applicant that facilities modification, capacity expansion, or make-ready work may be required to accommodate Applicant’s access requests, Applicant shall describe the facilities modification, capacity expansion, or make-ready work which Applicant proposes. Applicant shall also describe its plans, if any, to use any infrequent construction technique or connectivity solution authorized under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use of such technique or solution. (f) Applicant acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBT, that it may be necessary for SWBT to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate Applicant’s request for access to SWBT’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT or by another entity. Accordingly, the application shall, to the extent feasible, identify all poles utilized by SWBT (without regard to ownership) along Applicant’s proposed route. (g) Each application for a license under this Agreement shall be accompanied by a construction schedule showing Applicant’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBT’s engineering and outside plant construction personnel in scheduling work required to process Applicant’s applications and scheduling such capacity expansions, make- ready work, and facilities modifications, if any, as may be necessary to accommodate Applicant’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 1 contract

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

Application Form. To apply for a pole attachment or conduit occupancy license under this Agreement, Applicant shall submit to SWBT two signed copies of the appropriate application forms. SWBT represents that the forms specified in subsections (a)-(b) are forms in use prior to the effective date of this Agreement and that SWBT is in the process of revising such forms to conform to the provisions of this Agreement and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will be interim forms only. SWBT reserves the right to change the format and content of these forms upon 60 days written notice to Applicant. (a) To apply for a pole attachment license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make- Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”). An application for a pole attachment license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9433 and SW-9434 are attached to this Agreement as parts of APPENDIX III. (b) To apply for a conduit occupancy license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9434 and SW-9435 are attached to this Agreement as parts of APPENDIX III. (c) Each application for a license under this Agreement shall include, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along Applicant’s proposed route to or within which Applicant desires to attach or place its facilities; (2) a description of the facilities to be attached to SWBT’s poles and a description of the facilities to be placed within each component of SWBT’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route; (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of apparatus enclosures and other facilities to be attached to SWBT’s poles or placed in SWBT’s conduit system. (e) When it appears to Applicant that facilities modification, capacity expansion, or make-ready work may be required to accommodate Applicant’s access requests, Applicant shall describe the facilities modification, capacity expansion, or make-ready work which Applicant proposes. Applicant shall also describe its plans, if any, to use any infrequent construction technique or connectivity solution authorized under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use of such technique or solution. (f) Applicant acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBT, that it may be necessary for SWBT to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate Applicant’s request for access to SWBT’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT or by another entity. Accordingly, the application shall, to the extent feasible, identify all poles utilized by SWBT (without regard to ownership) along Applicant’s proposed route. (g) Each application for a license under this Agreement shall be accompanied by a construction schedule showing Applicant’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBT’s engineering and outside plant construction personnel in scheduling work required to process Applicant’s applications and scheduling such capacity expansions, make- ready work, and facilities modifications, if any, as may be necessary to accommodate Applicant’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 1 contract

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

Application Form. To apply for a pole attachment or conduit occupancy license permit under this AgreementAppendix, Applicant AT&T shall submit to SWBT SBC NEVADA two signed copies of the appropriate application forms. SWBT SBC NEVADA represents that the forms specified in subsections (a)-(ba) and (b) are forms in use prior to the effective date of this Agreement Appendix and that SWBT is in the process of revising SBC NEVADA plans to revise such forms to conform to the provisions of this Agreement Appendix and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will shall be interim forms only. SWBT SBC NEVADA reserves the right to change the format and content of these forms upon 60 days written notice to Applicant.AT&T. (a) To apply for a pole attachment licenseattachmentpermit, Applicant AT&T shall submit to SWBT SBC NEVADA two signed copies of SWBTSBC NEVADA’s Form SW-9434 CO-018 (“Access Application and Make- Make-Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”)make-ready including windloading and associated strand maps. An application for a pole attachment license will permit shall not be complete or subject to processing by SWBT SBC NEVADA until these forms have been submitted to SWBTSBC NEVADA; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9433 CO-4946 and SW-9434 CO-018, are attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (b) To apply for a conduit occupancy licensepermit, Applicant AT&T shall submit to SWBT SBC NEVADA two signed copies of SWBTSBC NEVADA’s Form SW-9434 CO-018 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (Conduit Occupancy”)high level” drawing including start and end pioints, core drill candidates, splice points and possible slack loops. An application for a conduit occupancy license will licensepermit shall not be complete or subject to processing by SWBT SBC NEVADA until these forms have been submitted to SWBTSBC NEVADA; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9434 and SW-9435 are Form CO-018 is attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (c) Each application for a license permit under this Agreement Appendix shall includeinclude the following information, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along ApplicantAT&T’s proposed route to or within which Applicant AT&T desires to attach or place its facilities, as well as a route maps and manhole detailed butterfly drawings; (2) a description of the facilities to be attached to SWBTSBC NEVADA’s poles and a description of the facilities to be placed within each component of SWBTSBC NEVADA’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route;; and (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and, (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of permitted apparatus enclosures and other facilities to be attached to SWBTSBC NEVADA’s poles or placed in SWBTSBC NEVADA’s conduit system. (e) When it appears to Applicant AT&T that facilities modification, capacity expansion, or make-ready work work, may be required to accommodate ApplicantAT&T’s access requests, Applicant AT&T shall describe the facilities modification, capacity expansion, expansion or make-make- ready work which Applicant AT&T proposes. Applicant AT&T shall also describe its plans, if any, intent to use any infrequent construction technique techniques or connectivity solution authorized solutions under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use of such technique or solution. (f) Applicant acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBT, that it may be necessary for SWBT to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate Applicant’s request for access to SWBT’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT or by another entity. Accordingly, the application shall, to the extent feasible, identify all poles utilized by SWBT (without regard to ownership) along Applicant’s proposed route. (g) Each application for a license under this Agreement shall be accompanied by a construction schedule showing Applicant’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBT’s engineering and outside plant construction personnel in scheduling work required to process Applicant’s applications and scheduling such capacity expansions, make- ready work, and facilities modifications, if any, as may be necessary to accommodate Applicant’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.Section

Appears in 1 contract

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

AutoNDA by SimpleDocs

Application Form. To apply for a pole attachment or conduit occupancy license under this AgreementAppendix, Applicant CLEC shall submit to SWBT AT&T two signed copies of the appropriate application forms. SWBT AT&T represents that the forms specified in subsections (a)-(ba) and (b) are forms in use prior to the effective date of this Agreement Appendix and that SWBT is in the process of revising AT&T plans to revise such forms to conform to the provisions of this Agreement Appendix and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will shall be interim forms only. SWBT AT&T reserves the right to change the format and content of these forms upon 60 days written notice to ApplicantCLEC. (a) To apply for a pole attachment license, Applicant CLEC shall submit to SWBT AT&T two signed copies of SWBTAT&T’s Form SW-9434 (“Access Application and Make- Make-Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”)SW-9433. An application for a pole attachment license will shall not be complete or subject to processing by SWBT AT&T until these forms have been submitted to SWBTAT&T; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9433 and SW-9434 SW-9434, are attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (b) To apply for a conduit occupancy license, Applicant CLEC shall submit to SWBT AT&T two signed copies of SWBTAT&T’s Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will shall not be complete or subject to processing by SWBT AT&T until these forms have been submitted to SWBTAT&T; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9434 and SW-9435 SW-9435, are attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (c) Each application for a license under this Agreement Appendix shall includeinclude the following information, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along ApplicantCLEC’s proposed route to or within which Applicant CLEC desires to attach or place its facilities, as well as a route maps and manhole detailed butterfly drawings; (2) a description of the facilities to be attached to SWBTAT&T’s poles and a description of the facilities to be placed within each component of SWBTAT&T’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route;; and (3) for poles, the proposed points of attachment;. (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant CLEC until SWBT AT&T has received ApplicantCLEC’s written instruction to make such assignment or issued a license authorizing Applicant CLEC to occupy the space requested; and (65) if applicable, a conspicuous statement (e.g., the words “immediate occupancy” in capital letters) or indication that Applicant the CLEC intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this AgreementAppendix. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and, (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of apparatus enclosures and other facilities to be attached to SWBTAT&T’s poles or placed in SWBTAT&T’s conduit system. (e) When it appears to Applicant CLEC that facilities modification, capacity expansion, or make-ready work work, may be required to accommodate ApplicantCLEC’s access requests, Applicant CLEC shall describe the facilities modification, capacity expansion, expansion or make-ready work which Applicant CLEC proposes. Applicant CLEC shall also describe its plans, if any, intent to use any infrequent construction technique techniques or connectivity solution authorized solutions under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use utilization of such technique techniques or solutionsolutions. (f) Applicant CLEC acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBTAT&T, that it may be necessary for SWBT AT&T to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate ApplicantCLEC’s request for access to SWBTAT&T’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT or by another entity. Accordingly, the application shall, to the extent feasible, CLEC shall identify all poles utilized by SWBT AT&T (without regard to ownership) along Applicant’s the proposed route. (g) Each application for a license under this Agreement shall be accompanied by a construction schedule showing Applicant’s projected dates for beginning and completing construction . If CLEC does not identify all poles, CLEC may contract with AT&T to do so, at the sites specified in the application. Information on this schedule may be used by SWBTCLEC’s engineering and outside plant construction personnel in scheduling work required to process Applicant’s applications and scheduling such capacity expansions, make- ready work, and facilities modifications, if any, as may be necessary to accommodate Applicant’s facilitiesexpense. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 1 contract

Samples: MFN Agreement

Application Form. To apply for a pole attachment or conduit occupancy license under this AgreementAppendix, Applicant AT&T shall submit to SWBT SBC MISSOURI two signed copies of the appropriate application forms. SWBT SBC MISSOURI represents that the forms specified in subsections (a)-(ba) and (b) are forms in use prior to the effective date of this Agreement Appendix and that SWBT is in the process of revising SBC MISSOURI plans to revise such forms to conform to the provisions of this Agreement Appendix and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will shall be interim forms only. SWBT SBC MISSOURI reserves the right to change the format and content of these forms upon 60 days written notice to Applicant.AT&T. (a) To apply for a pole attachment license, Applicant AT&T shall submit to SWBT SBC MISSOURI two signed copies of SWBTSBC MISSOURI’s Form SW-9434 (“Access Application and Make- Make-Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”)SW-9433. An application for a pole attachment license will shall not be complete or subject to processing by SWBT SBC MISSOURI until these forms have been submitted to SWBTSBC MISSOURI; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9433 and SW-9434 SW-9434, are attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (b) To apply for a conduit occupancy license, Applicant AT&T shall submit to SWBT SBC MISSOURI two signed copies of SWBTSBC MISSOURI’s Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will shall not be complete or subject to processing by SWBT SBC MISSOURI until these forms have been submitted to SWBTSBC MISSOURI; provided, however, that such forms will shall be deemed to be substantially complete if they contain the information specified in subsections (c)-(hc)-(g) below, as applicable. Copies of Forms SW-9434 and SW-9435 SW-9435, are attached to this Agreement Appendix as parts of APPENDIX Exhibit III. (c) Each application for a license under this Agreement Appendix shall includeinclude the following information, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along ApplicantAT&T’s proposed route to or within which Applicant AT&T desires to attach or place its facilities, as well as a route maps and, as applicable, manhole detailed butterfly drawings, wind loading, bending moment, vertical loading and associated strand maps; (2) a description of the facilities to be attached to SWBTSBC MISSOURI’s poles and a description of the facilities to be placed within each component of SWBTSBC MISSOURI’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route;; and (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and, (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of permitted apparatus enclosures and other facilities to be attached to SWBTSBC MISSOURI’s poles or placed in SWBTSBC MISSOURI’s conduit system. (e) When it appears to Applicant AT&T that facilities modification, capacity expansion, or make-ready work work, may be required to accommodate ApplicantAT&T’s access requests, Applicant AT&T shall describe the facilities modification, capacity expansion, expansion or make-ready work which Applicant AT&T proposes. Applicant AT&T shall also describe its plans, if any, intent to use any infrequent construction technique techniques or connectivity solution authorized solutions under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use utilization of such technique techniques or solutionsolutions. (f) Applicant AT&T acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBTSBC MISSOURI, that it may be necessary for SWBT SBC MISSOURI to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate ApplicantAT&T’s request for access to SWBTSBC MISSOURI’s poles and that, at the time an application is submitted, AT&T shall it may be difficult for Applicant AT&T to determine with certainty whether a particular pole is owned or controlled by SWBT SBC MISSOURI or by another entity. Accordingly, the application shall, to the extent feasible, identify the owner of all poles utilized by SWBT (without regard along the proposed route on the application. If AT&T does not identify the owner of all poles, AT&T may contract with SBC MISSOURI to ownership) along Applicantdo so, at AT&T’s proposed routeexpense. (g) Each application for a license under this Agreement Appendix shall be accompanied by a construction schedule showing ApplicantAT&T’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBTSBC MISSOURI’s engineering and outside plant construction personnel in scheduling work required to process ApplicantAT&T’s applications and scheduling such capacity expansions, make- make-ready work, inspections, and facilities modifications, if any, as may be necessary to accommodate ApplicantAT&T’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 1 contract

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

Application Form. To apply for a pole attachment or conduit occupancy license under this Agreement, Applicant shall submit to SWBT two signed copies of the appropriate application forms. SWBT represents that the forms specified in subsections (a)-(b) are forms in use prior to the effective date of this Agreement and that SWBT is in the process of revising such forms to conform to the provisions of this Agreement and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will be interim forms only. SWBT reserves the right to change the format and content of these forms upon 60 days written notice to Applicant. (a) To apply for a pole attachment license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make- Make-Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”). An application for a pole attachment license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9433 and SW-9434 are attached to this Agreement as parts of APPENDIX III. (b) To apply for a conduit occupancy license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9434 and SW-9435 are attached to this Agreement as parts of APPENDIX III. (c) Each application for a license under this Agreement shall include, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along Applicant’s proposed route to or within which Applicant desires to attach or place its facilities; (2) a description of the facilities to be attached to SWBT’s poles and a description of the facilities to be placed within each component of SWBT’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route; (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of apparatus enclosures and other facilities to be attached to SWBT’s poles or placed in SWBT’s conduit system. (e) When it appears to Applicant that facilities modification, capacity expansion, or make-ready work may be required to accommodate Applicant’s access requests, Applicant shall describe the facilities modification, capacity expansion, or make-ready work which Applicant proposes. Applicant shall also describe its plans, if any, to use any infrequent construction technique or connectivity solution authorized under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use of such technique or solution. (f) Applicant acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBT, that it may be necessary for SWBT to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate Applicant’s request for access to SWBT’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT or by another entity. Accordingly, the application shall, to the extent feasible, identify all poles utilized by SWBT (without regard to ownership) along Applicant’s proposed route. (g) Each application for a license under this Agreement shall be accompanied by a construction schedule showing Applicant’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBT’s engineering and outside plant construction personnel in scheduling work required to process Applicant’s applications and scheduling such capacity expansions, make- ready work, and facilities modifications, if any, as may be necessary to accommodate Applicant’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 1 contract

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

Application Form. To apply for a pole attachment or conduit occupancy license under this Agreement, Applicant shall submit to SWBT two signed copies of the appropriate application forms. SWBT represents that the forms specified in subsections (a)-(b) are forms in use prior to the effective date of this Agreement and that SWBT is in the process of revising such forms to conform to the provisions of this Agreement and to streamline the application process. The parties therefore agree that the forms specified in subsections (a) and (b) will be interim forms only. SWBT reserves the right to change the format and content of these forms upon 60 days written notice to Applicant. (a) To apply for a pole attachment license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make- Make-Ready Authorization”) together with completed Form SW-9433 (“Pole Attachments”). An application for a pole attachment license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9433 and SW-9434 are attached to this Agreement as parts of APPENDIX III. (b) To apply for a conduit occupancy license, Applicant shall submit to SWBT two signed copies of SWBT’s Form SW-9434 (“Access Application and Make-Ready Authorization”) together with completed Form SW-9435 (“Conduit Occupancy”). An application for a conduit occupancy license will not be complete or subject to processing by SWBT until these forms have been submitted to SWBT; provided, however, that such forms will be deemed to be substantially complete if they contain the information specified in subsections (c)-(h) below, as applicable. Copies of Forms SW-9434 and SW-9435 are attached to this Agreement as parts of APPENDIX III. (c) Each application for a license under this Agreement shall include, at a minimum, the following information: (1) the poles, ducts, and conduits (including all manholes) along Applicant’s proposed route to or within which Applicant desires to attach or place its facilities; (2) a description of the facilities to be attached to SWBT’s poles and a description of the facilities to be placed within each component of SWBT’s conduit system (including but not limited to ducts, conduits, manholes, and handholes) along the proposed route; (3) for poles, the proposed points of attachment; (4) for building entrance or building distribution ducts or conduits or other space within a building, a conspicuous statement, as required by Section 5.06 of this Agreement, that the application pertains to a building entrance or building distribution duct or conduit or other space within a building; (5) if applicable, a conspicuous notation that the space requested is not to be assigned (or billed) to Applicant until SWBT has received Applicant’s written instruction to make such assignment or issued a license authorizing Applicant to occupy the space requested; and (6) if applicable, a conspicuous statement that Applicant intends to occupy the space before the issuance of a license, as provided in Section 8.03 of this Agreement. (d) Facilities descriptions which apply to multiple pole attachments or conduit occupancies need only be described once on any form. Facilities descriptions shall include, at a minimum, the following information: (1) the number and types of cables, including the physical size (diameter) and weight (weight per foot); (2) the number and types of strands, if any, which will be used to support the cables, including the rated holding capacity expressed in thousand pound increments (e.g., 2.2M) of such strands; and (3) sufficient information to identify and describe the physical characteristics (size, dimensions, and weight) of apparatus enclosures and other facilities to be attached to SWBT’s poles or placed in SWBT’s conduit system. (e) When it appears to Applicant that facilities modification, capacity expansion, or make-ready work may be required to accommodate Applicant’s access requests, Applicant shall describe the facilities modification, capacity expansion, or make-ready work which Applicant proposes. Applicant shall also describe its plans, if any, to use any infrequent construction technique or connectivity solution authorized under Section 6.03 to avoid high or unusual expenditures and state its reasons for the use of such technique or solution. (f) Applicant acknowledges that the poles along a particular pole line or route may include poles owned by firms (such as electric utilities) other than SWBT, that it may be necessary for SWBT to rearrange its facilities or perform other make-ready work on poles other than poles it owns or controls in order to accommodate Applicant’s request for access to SWBT’s poles and that, at the time an application is submitted, it may be difficult for Applicant to determine with certainty whether a particular pole is owned or controlled by SWBT or by another entity. Accordingly, the application shall, to the extent feasible, identify all poles utilized by SWBT (without regard to ownership) along Applicant’s proposed route. (g) Each application for a license under this Agreement shall be accompanied by a construction schedule showing Applicant’s projected dates for beginning and completing construction at the sites specified in the application. Information on this schedule may be used by SWBT’s engineering and outside plant construction personnel in scheduling work required to process Applicant’s applications and scheduling such capacity expansions, make- make-ready work, and facilities modifications, if any, as may be necessary to accommodate Applicant’s facilities. (h) Applicant may include multiple cables in a single license application and may provide multiple services (e.g., CATV and non-CATV services) under the same cable sheath or jacket. When both CATV and non-CATV services are provided under the same cable sheath or jacket, or CATV and non-CATV services are provided using different cables attached or lashed to the same strand or otherwise occupying the same space on a pole or the same duct or inner duct within a conduit, Applicant will so advise SWBT and SWBT shall, if permitted by law, adjust its charges to enable SWBT to charge Applicant the rate applicable to telecommunications carriers rather than the rate applicable to cable television systems solely to provide cable service.

Appears in 1 contract

Samples: Master Agreement for Access to Poles, Ducts, Conduits, and Rights of Way

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!