Notice of Planned Modifications. The parties acknowledge that the Pole Attachment Act recites in part that “Whenever the owner of a pole, duct, conduit, or right-of-way intends to modify or alter such pole, duct, conduit, or right-of-way, the owner shall provide written notification of such action to any entity that has obtained an attachment to such conduit or right-of-way so that such entity may have a reasonable opportunity to add to or modify its existing attachment.” The parties further acknowledge that the FCC, in its First Report and Order in CC Docket No. 96-98, recites that “... absent a private agreement establishing notification procedures, written notification of a modification must be provided to parties holding attachments on the facility to be modified at least 60 days prior to the commencement of the physical modification itself.” This article is intended by the parties to alter the above-described notification requirements only as provided in Section 14.02(b) below.
