Common use of ISSUANCE OF LICENSES Clause in Contracts

ISSUANCE OF LICENSES. 7.1 Before Licensee shall attach to any Pole, or occupy any portion of a Conduit or Right of Way, Licensee shall make written application for and have received a written license from Verizon- Washington, DC utilizing the following forms: Appendix II, Forms A-1 and A-2 and/or B-1 through B-3. 7.2 Verizon- Washington, DC shall process all license applications, including the performance of a Prelicense Survey, on a first-come, first-served basis in accordance with the provisions of Articles VII and VIII. Verizon- Washington, DC shall make all access determinations in accordance with the requirements of Applicable Law, considering such factors as capacity, safety, reliability and general engineering considerations. Verizon- Washington, DC shall inform Licensee in writing as to whether an application has been granted or denied (including the reasons for denial) within the following time after receipt of such application: 45 days, plus any time taken by Licensee for action by Licensee, including, but not limited to, time taken by Licensee to respond to Verizon- Washington, DC’s proposal for a Prelicense Survey. Where an application involves an increase in capacity by Verizon- Washington, DC, Verizon- Washington, DC shall take reasonable steps to accommodate requests for access in accordance with Applicable Law. Before denying Licensee access based on lack of capacity, Verizon- Washington, DC shall explore potential accommodations in good faith with Licensee. The Parties agree to consider reasonable and prudent ways to expand Rights of Way at the lowest cost. 7.3 In order to facilitate Licensee’s completion of an application, Verizon- Washington, DC shall use commercially reasonable efforts to provide Licensee, within ten (10) business days of a legitimate request identifying the specific geographic area and types and quantities of required structures, access to such maps or other relevant data reasonably necessary to complete the applications described above, subject to a non-disclosure agreement in a form reasonably agreeable to Verizon- Washington, DC. Such requests shall be processed by Verizon- Washington, DC on a “first-come, first-served” basis. 7.4 License applications received by Verizon- Washington, DC from two or more applicants for the same Pole, Conduit Section or Right of Way will be processed by Verizon- Washington, DC according to the order in which the applications are received by Verizon- Washington, DC. If any additional applicants file an application at least thirty (30) days prior to the commencement of the initial applicant’s Make-Ready Work, Verizon- Washington, DC shall use commercially reasonable efforts to notify all applicants, within 20 days of receipt of the additional application, of the following: 1) that two (or more) applications have been received for some or all of the same structures or property; 2) the name and address of the other applicant(s); and 3) that the applicants may wish to share Make-Ready costs between them. The responsibility for arranging for the sharing of Make-Ready costs shall be on the applicants, while the responsibility for transmitting to Verizon- Washington, DC any Make-Ready changes resulting from the additional applicant(s) shall be on the initial applicant. Verizon- Washington, DC shall xxxx the initial applicant for the cost of all shared Make-Ready Work pursuant to executed Form A-4, Appendix II. 7.5 If within twelve (12) months from the date a license is granted by Verizon- Washington, DC, Licensee shall not at a minimum have initiated material construction or similar activity related to its Attachment or occupation, Licensee’s license for the applicable Pole(s), Conduit(s) or Right(s) of Way shall automatically terminate and Licensee shall remove any Facilities installed as of such date in accordance with the provisions of Section 9.12. Licensee shall be liable for Attachment or occupancy charges commencing the date of the license grant. 7.6 Where Verizon- Washington, DC has available Ducts or Innerducts, Verizon- Washington, DC shall make available Ducts or Inner- Ducts to Licensee for Licensee's use in accordance with Applicable Law. No more than one full-sized Duct (or one full-sized and one Innerduct if both copper and fiber cable are used in the Conduit) shall be assigned as an emergency Duct in each Conduit Section. If Verizon- Washington, DC or any other service provider, including Licensee, utilizes the last unoccupied full-sized Duct in the applicable cross-section, that provider shall, at its expense, reestablish a clear, full-sized Duct for emergency restoration as soon as practicable or immediately upon the occurrence of an emergency requiring such space.