Common use of Licensee’s Right to Install Equipment Clause in Contracts

Licensee’s Right to Install Equipment. The Pole Owner shall process permit applications and provide estimates of the costs of Make-ready Work in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner rejects the application, the Pole Owner must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner within the above mentioned time frames, Licensee must check back with the Pole Owner before proceeding with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner must be in writing and describe with specificity the lack of Pole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(s) identified therein. Licensee shall have the right to install service drops, without prior approval by or prior notification to Pole Owner. This would include service drops made from Poles on which the Licensee may not originally have had an Attachment, as long as the Pole is adjacent to Poles on which the Licensee does have authorized Attachments. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except that filing Applications and payment of fees occurs after installation. Notwithstanding the above, no notification or approval shall be required for service drops that are not directly attached to Poles. Further, where a service drop installed on a Pole for which no permit exists, or where the installed service drop is outside of the existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completed. Where the service drop is within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completed. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the Make-ready estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, exercise any of the self-build options given by the Pole Owner, as provided in UAR R746-345-3.C.8, or petition the Commission as provided in UAR R746-345-3.C.9.

Appears in 2 contracts

Samples: Utah Pole Attachment Agreement, Utah Pole Attachment Agreement

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Licensee’s Right to Install Equipment. The Pole Owner CenturyLink shall process permit applications and provide estimates of the costs of Make-ready Work in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner CenturyLink rejects the application, the Pole Owner CenturyLink must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners CenturyLink’s stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner CenturyLink within the above mentioned time frames, Licensee must check back with the Pole Owner CenturyLink before proceeding it can proceed with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner CenturyLink shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner CenturyLink must be in writing and describe with specificity the lack of Pole pole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(spole(s) identified therein. Licensee shall have the right to install service drops, drops without prior approval by or prior notification to Pole OwnerCenturyLink. This would include service drops made from Poles poles on which the Licensee attaching entity may not originally have had an Attachmentattachment, as long as the Pole pole is adjacent to Poles poles on which the Licensee attaching entity does have authorized Attachmentsattachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachment. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except that for filing Applications applications and payment of fees occurs after installation. Notwithstanding the above, no notification or approval shall be required for service drops that are not directly attached to Poles. Further, where a service drop installed on a Pole for which no permit exists, or where the installed service drop is outside of the existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty (30) calendar days after installation of unless the service drop is completed. Where the service drop is Licensee’s only attachment to the pole, in which case application and rental fees shall apply), and shall submit notification to CenturyLink within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty (30) calendar 30 days after installation of the service drop is completedinstallation. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the Make-ready Work estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, exercise any of the use approved contractors to self-build options given the required Make-ready Work in lieu of CenturyLink performing same, with the following stipulations: 1) Make-ready Work plans must be approved by CenturyLink and conducted by a Licensee-chosen/ CenturyLink-approved contractor (which approval shall not be unreasonably withheld, conditioned or delayed) on a schedule shared with CenturyLink; 2) CenturyLink will inspect the Pole Owner, as Make-ready Work activity at Licensee’s expense at the rate set forth on Exhibit A; 3) Licensee will provide CenturyLink with a legible copy of drawings that reflect the Make-ready Work; and 4) CenturyLink will use Licensee-provided drawings and written documentation to update CenturyLink property records. CenturyLink will approve or decline Licensee’s Make-ready Work plans in UAR R746-345-3.C.8, or petition the Commission as provided in UAR R746-345-3.C.9no more than 14 days after receipt.

Appears in 2 contracts

Samples: Attachment Agreement, pscdocs.utah.gov

Licensee’s Right to Install Equipment. The Pole Owner shall process permit applications and provide estimates of the costs of Make-ready Work in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner rejects the application, the Pole Owner must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner within the above mentioned time frames, Licensee must check back with the Pole Owner before proceeding it can proceed with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner must be in writing and describe with specificity the lack of Pole pole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(spole(s) identified therein. Licensee shall have the right to install service drops, drops without prior approval by or prior notification to Pole Owner. This would include service drops made from Poles poles on which the Licensee attaching entity may not originally have had an Attachmentattachment, as long as the Pole pole is adjacent to Poles poles on which the Licensee attaching entity does have authorized Attachmentsattachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachment. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except that for filing Applications applications and payment of fees occurs after installation(unless the service drop is the Licensee’s only attachment to the pole, in which case application and rental fees shall apply), and shall submit notification to Pole Owner on a quarterly basis. Notwithstanding the above, no notification or approval shall be required for service drops that are self-supporting wire or wires that do not directly attached to Poles. Further, where require the use of messenger strand and a service drop installed on a Pole for which no permit exists, or where the installed service drop is outside of the existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completed. Where the service drop is within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completedlashed cable. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the Make-ready Work estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, exercise any of the use approved contractors to self-build options given the required Make-ready Work in lieu of Pole Owner performing same, with the following stipulations: 1) Make-ready Work plans must be approved by Pole Owner and conducted by a Licensee-chosen/ Pole Owner-approved contractor (which approval shall not be unreasonably withheld, conditioned or delayed) on a schedule shared with Pole Owner; 2) Pole Owner will inspect the Make-ready Work activity at Licensee’s expense at the rate set forth on Exhibit A; 3) Licensee will provide Pole Owner with a legible copy of drawings that reflect the Make-ready Work; and 4) Pole Owner will use Licensee-provided drawings and written documentation to update Pole Owner property records. Pole Owner will approve or decline Licensee’s Make-ready Work plans in no more than 14 days after receipt. When modification of a pole is necessary, ownership of the modified pole vests with the Pole Owner, as provided in UAR R746-345-3.C.8, or petition the Commission as provided in UAR R746-345-3.C.9.

Appears in 2 contracts

Samples: Utah Pole Attachment Agreement, Utah Pole Attachment Agreement

Licensee’s Right to Install Equipment. The Pole Owner shall process permit applications and provide estimates of the costs of Make-ready Work in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner rejects the application, the Pole Owner must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner within the above mentioned time frames, Licensee must check back with the Pole Owner before proceeding it can proceed with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner must be in writing and describe with specificity the lack of Pole pole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(spole(s) identified therein. Licensee shall have the right to install service drops, drops without prior approval by or prior notification to Pole Owner. This would include service drops made from Poles poles on which the Licensee attaching entity may not originally have had an Attachmentattachment, as long as the Pole pole is adjacent to Poles poles on which the Licensee attaching entity does have authorized Attachmentsattachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachment. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except that for filing Applications applications and payment of fees occurs (unless the service drop is the Licensee’s only attachment to the pole, in which case application and rental fees shall apply), and shall submit notification to Pole Owner withinon a quarterly basiswithin 30 days after installation. Notwithstanding the above, no notification or approval shall be required for service drops that are self-supporting wire or wires that do not directly attached to Poles. Further, where require the use of messenger strand and a service drop installed on a Pole for which no permit exists, or where the installed service drop is outside of the existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completed. Where the service drop is within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completedlashed cable. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the Make-ready Work estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, exercise any of the use approved contractors to self-build options given the required Make-ready Work in lieu of Pole Owner performing same, with the following stipulations: 1) Make-ready Work plans must be approved by Pole Owner and conducted by a Licensee-chosen/ Pole Owner-approved contractor (which approval shall not be unreasonably withheld, conditioned or delayed) on a schedule shared with Pole Owner; 2) Pole Owner will inspect the Make-ready Work activity at Licensee’s expense at the rate set forth on Exhibit A; 3) Licensee will provide Pole Owner with a legible copy of drawings that reflect the Make-ready Work; and 4) Pole Owner will use Licensee-provided drawings and written documentation to update Pole Owner property records. Pole Owner will approve or decline Licensee’s Make-ready Work plans in no more than 14 days after receipt. When modification of a pole is necessary, ownership of the modified pole vests with the Pole Owner, as provided in UAR R746-345-3.C.8, or petition the Commission as provided in UAR R746-345-3.C.9.

Appears in 1 contract

Samples: Attachment Agreement

Licensee’s Right to Install Equipment. The Pole Owner shall process permit applications and provide estimates of the costs of Makemake-ready Work work in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner rejects the application, the Pole Owner must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners Owner’s stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner within the above mentioned time frames, Licensee must check back with the Pole Owner before proceeding with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner must be in writing and describe with specificity the lack of Pole pole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(spole(s) identified therein. Licensee shall have the right to install service drops, drops without prior approval by or prior notification to Pole Owner. This would include service drops made from Poles poles on which the Licensee attaching entity may not originally have had an Attachmentattachment, as long as the Pole pole is adjacent to Poles poles on which the Licensee attaching entity does have authorized Attachmentsattachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachment. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except that for filing Applications applications and payment of fees occurs after installationfees, and shall submit notification to Pole Owner on a quarterly basis. Notwithstanding the above, no notification or approval shall be required for service drops that are self-supporting wire or wires that do not directly attached to Poles. Further, where require the use of messenger strand and a service drop installed on a Pole for which no permit exists, or where the installed service drop is outside of the existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completed. Where the service drop is within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completedlashed cable. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the Makemake-ready estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, exercise any of the use approved contractors to self-build options given by the required make-ready work. Before proceeding with the make-ready work the Attacher must submit detailed plans to the Pole Owner, as provided in UAR R746-345-3.C.8, Owner for prior approval. The Pole Owner will have a 14 day turn around time to approve or petition disapprove the Commission as provided in UAR R746-345-3.C.9plans.

Appears in 1 contract

Samples: Urta Corrected

Licensee’s Right to Install Equipment. The Pole Owner shall process permit applications and provide estimates of the costs of Make-ready Work in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner rejects the application, the Pole Owner must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner within the above mentioned time frames, Licensee must check back with the Pole Owner before proceeding with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner must be in writing and describe with specificity the lack of Pole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(s) identified therein. Licensee shall have the right to install service drops, without prior approval by or prior notification to Pole Owner. This would include service drops made from Poles on which the Licensee may not originally have had an Attachment, as long as the Pole is adjacent to Poles on which the Licensee does have authorized Attachments. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except that filing Applications and payment of fees occurs after installation. Notwithstanding the above, no notification or approval shall be required for service drops that are not directly attached to Poles. Further, where a service drop installed on a Pole for which no permit exists, or where the installed service drop is outside of the existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty ten (10) Business Daysthirty (30) calendar days after installation of the service drop is completed. Where the service drop is within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty ten (10) Business Daysthirty (30) calendar days after installation of the service drop is completed. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the Make-ready estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, exercise any of the self-build options given by the Pole Owner, as provided in UAR R746-345-3.C.8, or petition the Commission as provided in UAR R746-345-3.C.9.

Appears in 1 contract

Samples: Attachment Agreement

Licensee’s Right to Install Equipment. The Pole Owner shall process permit applications and provide estimates of the costs of Make-makeMake- ready Work workWork in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner rejects the application, the Pole Owner must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner within the above mentioned time frames, Licensee must check back with the Pole Owner before proceeding with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner must be in writing and describe with specificity the lack of Pole polePole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(spolePole(s) identified therein. Licensee shall have the right to install service drops, without prior approval by or prior notification to Pole Owner. This would include service drops made from Poles polesPoles on which the Licensee attaching entityLicensee may not originally have had an AttachmentattachmentAttachment, as long as the Pole polePole is adjacent to Poles polesPoles on which the Licensee attaching entityLicensee does have authorized attachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachment.Attachments. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except for that filing Applications applicationsApplications and payment of fees fees, and shall submit notification to Pole Owner on a quarterly basis. occurs after installation. Notwithstanding the above, no notification or approval shall be required for service drops that are self-supporting wire or wires that do not directly requiredirectly attached to Poles. Further, where a service drop installed on a Pole for which no permit exists, or where the installed useinstalled service drop is outside of the messenger strand and a lashed cablethe existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty ten (3010) calendar days Business Days after installation of the service drop is completed. Where the service drop is within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty ten (3010) calendar days Business Days after installation of the service drop is completed. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the MakemakeMake-ready estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, use approved contractors to exercise any of the self-build options the required make- ready work. Before proceeding with the make-ready work the Attacher must submit detailed plans tooptions given by the Pole OwnerOwner for prior approval. The Pole Owner will have a 14 day turn around time to approve, as provided in UAR R746-345-3.C.8, or petition disapprove the planspetition the Commission as provided in UAR R746-345-3.C.9.

Appears in 1 contract

Samples: Attachment Agreement

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Licensee’s Right to Install Equipment. The Pole Owner OwnerCenturyLink shall process permit applications and provide estimates of the costs of Make-ready Work in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner OwnerCenturyLink rejects the application, the Pole Owner OwnerCenturyLink must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner OwnerCenturyLink within the above mentioned time frames, Licensee must check back with the Pole Owner OwnerCenturyLink before proceeding it can proceed with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner OwnerCenturyLink shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner OwnerCenturyLink must be in writing and describe with specificity the lack of Pole pole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(spole(s) identified therein. Licensee shall have the right to install service drops, drops without prior approval by or prior notification to Pole OwnerOwnerCenturyLink. This would include service drops made from Poles poles on which the Licensee attaching entity may not originally have had an Attachmentattachment, as long as the Pole pole is adjacent to Poles poles on which the Licensee attaching entity does have authorized Attachmentsattachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachment. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except that for filing Applications applications and payment of fees occurs (unless the service drop is the Licensee’s only attachment to the pole, in which case application and rental fees shall apply), and shall submit notification to Pole OwnerCenturyLink on a quarterly basiswithin 30 days after installation. Notwithstanding the above, no notification or approval shall be required for service drops that are self-supporting wire or wires that do not directly attached to Poles. Further, where require the use of messenger strand and a service drop installed on a Pole for which no permit exists, or where the installed service drop is outside of the existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completed. Where the service drop is within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completedlashed cable. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the Make-ready Work estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, exercise any of the use approved contractors to self-build options given the required Make-ready Work in lieu of Pole OwnerCenturyLink performing same, with the following stipulations: 1) Make-ready Work plans must be approved by Pole OwnerCenturyLink and conducted by a Licensee-chosen/ Pole OwnerCenturyLink-approved contractor (which approval shall not be unreasonably withheld, conditioned or delayed) on a schedule shared with Pole OwnerCenturyLink; 2) Pole OwnerCenturyLink will inspect the Make-ready Work activity at Licensee’s expense at the rate set forth on Exhibit A; 3) Licensee will provide Pole OwnerCenturyLink with a legible copy of drawings that reflect the Make-ready Work; and 4) Pole OwnerCenturyLink will use Licensee-provided drawings and written documentation to update Pole OwnerCenturyLink property records. Pole OwnerCenturyLink will approve or decline Licensee’s Make-ready Work plans in no more than 14 days after receipt. When modification of a pole is necessary, ownership of the modified pole vests with the Pole Owner, as provided in UAR R746-345-3.C.8, or petition the Commission as provided in UAR R746-345-3.C.9.

Appears in 1 contract

Samples: pscdocs.utah.gov

Licensee’s Right to Install Equipment. The Pole Owner shall process permit applications and provide estimates of the costs of Make-makeMake- ready Work workWork in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner rejects the application, the Pole Owner must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner within the above mentioned time frames, Licensee must check back with the Pole Owner before proceeding with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner must be in writing and describe with specificity the lack of Pole polePole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(spolePole(s) identified therein. Licensee shall have the right to install service drops, without prior approval by or prior notification to Pole Owner. This would include service drops made from Poles polesPoles on which the Licensee attaching entityLicensee may not originally have had an AttachmentattachmentAttachment, as long as the Pole polePole is adjacent to Poles polesPoles on which the Licensee attaching entityLicensee does have authorized attachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachment.Attachments. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except for that filing Applications applicationsApplications and payment of fees fees, and shall submit notification to Pole Owner on a quarterly basis. occurs after installation. Notwithstanding the above, no notification or approval shall be required for service drops that are self-supporting wire or wires that do not directly requiredirectly attached to Poles. Further, where a service drop installed on a Pole for which no permit exists, or where the installed useinstalled service drop is outside of the messenger strand and a lashed cablethe existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completed. Where the service drop is within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completed. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the MakemakeMake-ready estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, use approved contractors to exercise any of the self-build options the required make- ready work. Before proceeding with the make-ready work the Attacher must submit detailed plans tooptions given by the Pole OwnerOwner for prior approval. The Pole Owner will have a 14 day turn around time to approve, as provided in UAR R746-345-3.C.8, or petition disapprove the planspetition the Commission as provided in UAR R746-345-3.C.9.

Appears in 1 contract

Samples: Utah Pole Attachment Agreement

Licensee’s Right to Install Equipment. The Pole Owner shall process permit applications and provide estimates of the costs of Makemake-ready Work work in accordance with R746-345-3(C) of the Utah Administrative Rules. If the Pole Owner rejects the application, the Pole Owner must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the Pole Owners stated reasons are sufficient grounds for rejection. If notice is not received from Pole Owner within the above mentioned time frames, Licensee must check back with the Pole Owner before proceeding with installing the Attachment and can appeal to the Commission for permission to proceed. After processing, Pole Owner shall inform Licensee that the application has been approved or denied by returning the application with an appropriate notation to the Licensee at the address set forth in Article XII. Any denial of an application by the Pole Owner must be in writing and describe with specificity the lack of Pole pole capacity, safety or reliability problems, or generally applicable engineering standards that led to the denial of the application. Licensee shall have the right, subject to the terms of this Agreement, to install, maintain, and use the Equipment only as specified in the approved application, upon the Pole(spole(s) identified therein. Licensee shall have the right to install service drops, drops without prior approval by or prior notification to Pole Owner. This would include service drops made from Poles poles on which the Licensee attaching entity may not originally have had an Attachmentattachment, as long as the Pole pole is adjacent to Poles poles on which the Licensee attaching entity does have authorized Attachmentsattachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachment. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except that for filing Applications applications and payment of fees occurs after installationfees, and shall submit notification to Pole Owner on a quarterly basis. Notwithstanding the above, no notification or approval shall be required for service drops that are self-supporting wire or wires that do not directly attached to Poles. Further, where require the use of messenger strand and a service drop installed on a Pole for which no permit exists, or where the installed service drop is outside of the existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completed. Where the service drop is within the existing permitted Attachment Space, Licensee must provide written notice to Pole Owner no later than thirty (30) calendar days after installation of the service drop is completedlashed cable. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects the Makemake-ready estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, exercise any of the use approved contractors to self-build options given by the required make-ready work. Before proceeding with the make-ready work the Attacher must submit detailed plans to the Pole Owner, as provided in UAR R746-345-3.C.8, Owner for prior approval. The Pole Owner will have a 14 day turn around time to approve or petition disapprove the Commission as provided in UAR R746-345-3.C.9plans.

Appears in 1 contract

Samples: Utah Pole Attachment Agreement

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