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 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 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 Pole Owner. This would include service drops made from poles on which the attaching entity may not originally have had an attachment, as long as the pole is adjacent to poles on which the attaching entity does have authorized attachments. 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 for filing applications and payment of fees (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 shall be required for service drops that are self-supporting wire or wires that do not require the use of messenger strand and a lashed 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, use approved contractors to self-build 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.

Appears in 2 contracts

Samples: Pole Attachment Agreement, Pole Attachment Agreement

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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 it can proceed 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 attaching entity Licensee may not originally have had an attachmentAttachment, as long as the pole Pole is adjacent to poles Poles on which the attaching entity Licensee does have authorized attachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachmentAttachments. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except for that filing applications Applications and payment of fees (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 basisoccurs after installation. Notwithstanding the above, no notification or approval shall be required for service drops that are self-supporting wire not directly attached to Poles. Further, where a service drop installed on a Pole for which no permit exists, or wires that do not require where the use installed service drop is outside of 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 Make-ready Work 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 the required Make-ready Work in lieu of Pole Owner performing same, with the following stipulations: 1) Make-ready Work plans must be approved options given 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: Pole Attachment Agreement, Pole Attachment Agreement

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 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 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 Pole OwnerOwnerCenturyLink. This would include service drops made from poles on which the attaching entity may not originally have had an attachment, as long as the pole is adjacent to poles on which the attaching entity does have authorized attachments. 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 for filing applications and payment of fees (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 OwnerCenturyLink on a quarterly basisbasiswithin 30 days after installation. Notwithstanding the above, no notification shall be required for service drops that are self-supporting wire or wires that do not require the use of messenger strand and a lashed 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, use approved contractors to self-build the required Make-ready Work in lieu of Pole Owner OwnerCenturyLink performing same, with the following stipulations: 1) Make-ready Work plans must be approved by Pole Owner OwnerCenturyLink and conducted by a Licensee-chosen/ Pole OwnerOwnerCenturyLink-approved contractor (which approval shall not be unreasonably withheld, conditioned or delayed) on a schedule shared with Pole OwnerOwnerCenturyLink; 2) Pole Owner 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 Owner OwnerCenturyLink with a legible copy of drawings that reflect the Make-ready Work; and 4) Pole Owner OwnerCenturyLink will use Licensee-provided drawings and written documentation to update Pole Owner OwnerCenturyLink property records. Pole Owner 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.

Appears in 1 contract

Samples: 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 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 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 Pole Owner. This would include service drops made from poles on which the attaching entity may not originally have had an attachment, as long as the pole is adjacent to poles on which the attaching entity does have authorized attachments. 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 for filing applications and payment of fees (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 withinon a quarterly basisbasiswithin 30 days after installation. Notwithstanding the above, no notification shall be required for service drops that are self-supporting wire or wires that do not require the use of messenger strand and a lashed 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, use approved contractors to self-build 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.

Appears in 1 contract

Samples: Pole Attachment Agreement

Licensee’s Right to Install Equipment. The Pole Owner shall process permit applications and provide estimates of the costs of Make-make- 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 it can proceed 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,Rocky Mountain Power shall provide Licensee an estimated completion date for any Make-ready Work, upon taking into account the pole(s) identified thereintimeframes set by UAR 000-000-0, the overall scope of Licensee’s project, the volume of Applications received from other licensees, as well as the availability of crews to perform the work. Licensee and Rocky Mountain Power shall have negotiate solutions in good faith when the right estimated time to install service drops without prior approval by Pole Owner. This would include service drops made from poles on which the attaching entity may not originally have had an attachment, as long as the pole is adjacent to poles on which the attaching entity does have authorized attachments. 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 for filing applications and payment of fees (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 shall be required for service drops that are self-supporting wire or wires that do not require the use of messenger strand and a lashed cable. Required notifications of service drop installations shall contain information identifying the pole to which the service drop was added. If the Licensee rejects perform the Make-ready Work estimate as discussed in R746-345-3(C)8 does not meet Licensee’s project requirements. At Licensee’s option and upon approval from Rocky Mountain Power, Licensee may request either assistance with the applicant maywork by Licensee or by qualified contractors hired by Licensee, at its own expensepayment of premium rates for Rocky Mountain Power’s employees to be dedicated to perform work solely on Licensee’s project, use approved contractors or similar measures designed to augment Rocky Mountain Power’s capabilities. If Licensee chooses to employ self-build the required Makeoption as provided in UAR 746- 345-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 3 C to complete the Make-ready Work; , to ensure safety and 4) Pole Owner will use Licensee-provided drawings reliability, the qualified contractor 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 Ownerschedule must be approved by Rocky Mountain Power.

Appears in 1 contract

Samples: Pole Attachment Agreement

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 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 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 Pole OwnerCenturyLink. This would include service drops made from poles on which the attaching entity may not originally have had an attachment, as long as the pole is adjacent to poles on which the attaching entity does have authorized attachments. 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 for filing applications and payment of fees (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 shall be required for service drops that are self-supporting wire or wires that do not require the use of messenger strand and a lashed cableCenturyLink within 30 days after installation. 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, use approved contractors to self-build the required Make-ready Work in lieu of Pole Owner CenturyLink performing same, with the following stipulations: 1) Make-ready Work plans must be approved by Pole Owner CenturyLink 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 Owner CenturyLink 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 CenturyLink with a legible copy of drawings that reflect the Make-ready Work; and 4) Pole Owner CenturyLink will use Licensee-provided drawings and written documentation to update Pole Owner CenturyLink property records. Pole Owner CenturyLink 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.

Appears in 1 contract

Samples: 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 it can proceed 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 attaching entity Licensee may not originally have had an attachmentAttachment, as long as the pole Pole is adjacent to poles Poles on which the attaching entity Licensee does have authorized attachments. Prior notification is not required for the attachment of service drops where the attacher has an existing pole attachmentAttachments. However, when Licensee installs service drops, Licensee must follow all procedures applicable to Attachments generally, except for that filing applications Applications and payment of fees (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 basisoccurs after installation. Notwithstanding the above, no notification or approval shall be required for service drops that are self-supporting wire not directly attached to Poles. Further, where a service drop installed on a Pole for which no permit exists, or wires that do not require where the use installed service drop is outside of 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 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 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 Work 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 the required Make-ready Work in lieu of Pole Owner performing same, with the following stipulations: 1) Make-ready Work plans must be approved options given 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: Pole Attachment Agreement

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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 it can proceed 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 Pole Owner. This would include service drops made from poles on which the attaching entity may not originally have had an attachment, as long as the pole is adjacent to poles on which the attaching entity does have authorized attachments. 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 for filing applications and payment of fees (unless the service drop is the Licensee’s only attachment to the pole, in which case application and rental fees shall apply)fees, and shall submit notification to Pole Owner on a quarterly basis. Notwithstanding the above, no notification shall be required for service drops that are self-supporting wire or wires that do not require the use of messenger strand and a lashed 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 Work estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, use approved contractors to self-build the required Makemake-ready Work in lieu of work. Before proceeding with the make-ready work the Attacher must submit detailed plans to the 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) for prior approval. The 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 have a legible copy of drawings that reflect the Make-ready Work; and 4) Pole Owner will use Licensee-provided drawings and written documentation 14 day turn around time 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 disapprove the modified pole vests with the Pole Ownerplans.

Appears in 1 contract

Samples: Pole 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 it can proceed 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 drops, without prior approval by or prior notification to Pole Owner. This would include service drops made from poles polesPoles on which the attaching entity entityLicensee may not originally have had an attachmentattachmentAttachment, as long as the pole polePole is adjacent to poles polesPoles on which the attaching entity 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 (unless the service drop is the Licensee’s only attachment to the pole, in which case application and rental fees shall apply)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 require requiredirectly attached to Poles. Further, where a service drop installed on a Pole for which no permit exists, or where the use useinstalled service drop is outside of messenger strand and a lashed cablecablethe existing permitted Attachment Space, an Application pertaining to the service drop must be submitted to Pole Owner no later than ten (10) 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 ten (10) 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 Work 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 the required Makemake- ready work. Before proceeding with the make-ready Work in lieu of work the Attacher must submit detailed plans tooptions given by the 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) for prior approval. The Pole Owner will inspect have a 14 day turn around time to approve, as provided in UAR R746-345-3.C.8, or disapprove the Makeplanspetition the Commission as provided in UAR R746-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 Make345-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 Owner3.C.9.

Appears in 1 contract

Samples: 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 it can proceed 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 Pole Owner. This would include service drops made from poles on which the attaching entity may not originally have had an attachment, as long as the pole is adjacent to poles on which the attaching entity does have authorized attachments. 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 for filing applications and payment of fees (unless the service drop is the Licensee’s only attachment to the pole, in which case application and rental fees shall apply)fees, and shall submit notification to Pole Owner on a quarterly basis. Notwithstanding the above, no notification shall be required for service drops that are self-supporting wire or wires that do not require the use of messenger strand and a lashed 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 Work estimate as discussed in R746-345-3(C)8 the applicant may, at its own expense, use approved contractors to self-build the required Makemake-ready Work in lieu of work. Before proceeding with the make-ready work the Attacher must submit detailed plans to the 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) for prior approval. The 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 have a legible copy of drawings that reflect the Make-ready Work; and 4) Pole Owner will use Licensee-provided drawings and written documentation 14 day turn around time 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 disapprove the modified pole vests with the Pole Ownerplans.

Appears in 1 contract

Samples: Pole 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 it can proceed 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 drops, without prior approval by or prior notification to Pole Owner. This would include service drops made from poles polesPoles on which the attaching entity entityLicensee may not originally have had an attachmentattachmentAttachment, as long as the pole polePole is adjacent to poles polesPoles on which the attaching entity 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 (unless the service drop is the Licensee’s only attachment to the pole, in which case application and rental fees shall apply)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 require requiredirectly attached to Poles. Further, where a service drop installed on a Pole for which no permit exists, or where the use useinstalled service drop is outside of messenger strand and a lashed cablecablethe 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 Work 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 the required Makemake- ready work. Before proceeding with the make-ready Work in lieu of work the Attacher must submit detailed plans tooptions given by the 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) for prior approval. The Pole Owner will inspect have a 14 day turn around time to approve, as provided in UAR R746-345-3.C.8, or disapprove the Makeplanspetition the Commission as provided in UAR R746-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 Make345-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 Owner3.C.9.

Appears in 1 contract

Samples: Pole Attachment Agreement

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