AT&T ALABAMA shall provide CLEC with equal and nondiscriminatory access to Pole space, Conduits, Ducts, and ROW on terms and conditions equal to those provided by AT&T ALABAMA to itself or to any other Telecommunications Service provider. Further, AT&T ALABAMA shall not withhold or delay assignment of such Facilities to CLEC because of the potential or forecasted needs of itself or Third Parties.
AT&T ALABAMA acknowledges that it is required by the Act to afford CLEC access to and use of all associated ROW to any sites where AT&T ALABAMA’s owned or controlled Poles, Manholes, Conduits, Ducts or other parts of AT&T ALABAMA’s owned or controlled Conduit Systems are located.
AT&T ALABAMA shall provide CLEC with access to and use of such ROW to the same extent and for the same purposes that AT&T ALABAMA may access or use such ROW, including but not limited to access for ingress, egress or other access and to construct, utilize, maintain, modify, and remove Facilities for which Pole attachment, Conduit Occupancy, or ROW use Licenses have been issued, provided that any Agreement with a Third Party under which AT&T ALABAMA holds such rights expressly or impliedly grants AT&T ALABAMA the right to provide such rights to others.
AT&T ALABAMA shall not attach, or give permission to any Third Parties to attach Facilities to, existing CLEC Facilities without CLEC’s prior written consent. If AT&T ALABAMA becomes aware of any such unauthorized attachment to CLEC Facilities, AT&T ALABAMA shall use its best efforts to rectify the situation as soon as practicable.
AT&T ALABAMA s Manholes shall be opened only as permitted by AT&T ALABAMA’s authorized employees or agents, which permission shall not be unreasonably denied or delayed.
AT&T ALABAMA s authorized employee or agent shall not direct or control the conduct of CLEC’s work at the work site. The presence of AT&T ALABAMA’s authorized employee or agent at the work site shall not relieve CLEC or personnel performing work on CLEC’s behalf of their responsibility to conduct all work operations within AT&T ALABAMA’s Conduit System in a safe and workmanlike manner.
AT&T ALABAMA shall have the right to request evidence that all appropriate authorizations have been obtained. However, such request shall not delay AT&T ALABAMA’s Pre-License Survey work.
AT&T ALABAMA employee Costs based on the time spent researching, reviewing and copying records
6.3.1 CLEC acknowledges that records and information provided by AT&T ALABAMA pursuant to Section 6.2 above may not reflect field conditions and that physical inspection is necessary to verify presence and condition of outside plant Facilities and ROW. In providing such records and information, AT&T ALABAMA assumes no liability to CLEC or any Third Party for errors/omissions contained therein.
AT&T ALABAMA shall provide Pole, Conduit and ROW availability information in response to a request from CLEC which identifies with reasonable specificity the Facilities for which such information is desired If such request includes Joint Use Pole(s), AT&T ALABAMA shall respond with respect to such Joint Use Pole(s) as to what Make-Ready Work is required for AT&T ALABAMA’s Facilities only. Notwithstanding any other provision, AT&T ALABAMA shall not determine space availability upon any Joint Use Pole(s). CLEC may elect to be present at any field based survey of Facilities identified pursuant to this paragraph and AT&T ALABAMA shall provide CLEC at least forty-eight (48) hours notice prior to initiating such field survey. CLEC employees or agents shall be permitted to enter AT&T ALABAMA Manholes and inspect such structures to confirm usability and/or evaluate condition of the structure(s) with at least forty-eight (48) hours notice to AT&T ALABAMA, with a AT&T ALABAMA representative present and at CLEC’s expense.
AT&T ALABAMA will issue a License to CLEC once all Make-Ready Work necessary to CLEC’s attachment or occupancy has been completed.
