Common use of Pre-Construction Surveys and Make-Ready Work Clause in Contracts

Pre-Construction Surveys and Make-Ready Work. a. A pre-construction survey will be required for each Pole and Anchor for which attachment is requested to determine the adequacy of the Pole and Anchor to accommodate Licensee’s facilities. At the option of Licensee, the field inspection will be performed: (1) by representatives of the Licensor with optional participation by joint owner(s), joint user(s), other Licensees and the Licensee, or (2) by Licensee, after first providing written notice to the Licensor of its intention to perform said field inspection. If the field inspection is performed by Licensee, the Licensee shall, prior to commencement of the field inspection, obtain from the Licensor information as to the Licensor’s planned future construction on the Poles and/or Anchors involved. Licensee shall furnish the required field inspection data to the Licensor in a format specified by the Licensor as set forth in Exhibit I. The field inspection data shall be of an accuracy and completeness necessary to permit the performance of make-ready and other work required to accommodate Licensee’s facilities in a manner consistent with the requirements of Article IV (3.) and IV (4. c.). The Licensee and Licensor may employ contractors to perform the field inspection. b. Licensee shall pay the Licensor at the time Licensee furnishes the field inspection data, an administrative handling charge per Pole as provided in the Schedule of Unit Costs filed with the Public Service Commission and incorporated herein as Exhibit G. c. In the event the Licensor determines that a Pole to which Licensee desires to make attachments is inadequate or that a Pole or Anchor needs rearrangement of the existing facilities thereon to accommodate the facilities of Licensee, the Licensor will inform Licensee in writing of the cost of the required make-ready work. Charges for make-ready work, the cost of surveys and/or inspections, shall be as specified in Article VIII; Rates and Charges. d. The Licensor shall specify the point of attachment on each of the Poles and/or Anchors to be occupied by Licensee’s equipment and/or facilities. Where multiple Licensee’s attachments are involved, the Licensor will attempt, to the extent practical, to designate the same relative position on each Pole for each Licensee’s facilities. e. Licensee shall have thirty (30) days from the receipt of written notification from the Licensor of the costs of make-ready work to accept and pay all make- ready costs; provided, however, that if the Licensor receives a request from another Licensee for an authorization to attach to a Pole or Anchor for which a written notification of make-ready work costs has been sent to Licensee, then Licensee must accept within fifteen (15) days after receipt of notification from the Licensor of the other attachment request or until the end of the thirty (30) day period, whichever period of time is shorter. f. Any required make-ready work will be performed following receipt by the Licensor of payment of the cost of make-ready work. Licensee shall also reimburse the owner(s) of other facilities attached to said Poles or Anchors for any expense incurred by them in transferring or rearranging such facilities to accommodate Licensee’s facilities. g. When Licensor deems it an immediate threat to safety and/or an emergency exists, it may rearrange, transfer, or remove Licensee’s attachments to Licensor’s Poles at Licensee’s expense. Licensor shall make reasonable efforts to contact Licensee as circumstances permit. h. Upon written notice from Licensor, Licensee shall promptly rearrange and/or transfer its attachments and/or Anchors as required by Licensor to permit Licensor to perform any routine maintenance, including replacement of worn or defective Poles, guys or Anchors. Licensee shall be responsible for all costs associated with such rearrangements/transfers. i. Authorization to attach a xxx xxxxxx to an existing utility anchor shall be granted where adequate capacity is available as specified in the then current written procedures for determining the adequacy of attachment capacity, filed separately with the Public Service Commission, (Exhibit D). Should the Licensor, Joint Owner or Joint User for its own service requirements need to increase its load on the Anchor to which Licensee’s xxx xxxxxx is attached, and where a larger Anchor is required that would not have been necessary but for the attachment of Licensee’s xxx xxxxxx, Licensee will either rearrange its xxx xxxxxx on the Anchor or transfer it to a replacement Anchor as determined by the Licensor. The cost of such rearrangement/transfer shall be borne by the Licensor, Joint Owner or Joint User requiring the larger Anchor. Licensee shall be solely responsible for collecting its rearrangement/transfer costs under such circumstances. Licensor’s responsibility shall be limited to reimbursement of its pro rata share of such costs caused by its own additional attachment or modification to the Pole. However, Licensor shall, upon receipt of written request, provide Licensee with any information in Licensor’s possession which may facilitate Licensee’s collection of such costs. If Licensee does not rearrange or transfer its xxx xxxxxx within thirty (30) days after receipt or written notice from the Licensor regarding such requirement, the Licensor or Joint User may perform, or have performed, the work involved and Licensee shall pay the cost thereof. The foregoing shall not preclude Licensee thereafter from seeking reimbursement of any rearrangement/transfer costs in accordance with this paragraph. j. Licensee shall notify the Licensor in writing before adding to, relocating, replacing or otherwise modifying its equipment and/or facilities on a Pole or Anchor, where additional space or holding capacity may be required. k. When additional Make-Ready or related work is required as a result of circumstances beyond anyone’s control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. l. Unless prevented from doing so by circumstances beyond Licensor’s reasonable control, including, but not limited to acts of god, fire, strikes, embargo, seasonal limitations on construction, acts or inaction of the Government, or acts or inaction of a joint owner, joint user or other Licensee, and subject to the quantity limitations set forth in paragraph (1) (c) of this Article, Licensor shall adhere to the following timetable in the performance of pre-construction and Make-Ready work: (1) Upon receipt of a written application (Exhibits A or C), Licensor shall verify Pole ownership and perform a pre-survey with all affected parties, unless Licensee opts to perform the pre-survey for itself. Licensor shall determine whether Licensee’s proposed attachment or Anchor can be accommodated and determine what, if any, Make-Ready work is required for Licensee’s proposed attachments and/or Anchors. Licensor shall complete these tasks within forty-five (45) days of receipt of Licensee’s written application. (2) If Make-Ready work is required and there are other entities with attachments to the poles, Licensor shall send written notification to all such entities describing the proposed modifications to the poles and/or anchors based on Licensee’s application. Entities receiving such notice shall have sixty (60) days to determine whether they wish to add to or modify their existing attachments and to submit written notification of their requirements to Licensor. (3) Licensor shall design the Make-Ready work, or redesign the Make-Ready work to incorporate any additional requirements submitted by other entities pursuant to subparagraph (2) above, and estimate the costs of the Licensor’s Make-Ready work. Licensor shall complete these tasks within thirty (30) days of receipt of all written notifications of modification requirements or notifications that no additional requirements are sought. (4) Licensor shall complete all its Make-Ready work which does not involve pole replacements within sixty (60) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving pole replacements, Licensor shall complete all its Make-Ready work within ninety (90) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving the placement of poles greater than forty-five (45) feet in height, and where permissible under the Licensor’s collective bargaining agreements, the Licensor may require the Licensee or an authorized representative to perform the work. The foregoing Make-Ready commitments shall apply solely to Make-Ready work to be performed by Licensor. These commitments shall not apply to Make-Ready work to be performed by Joint Owners, Joint Users or other Licensees. (5) Licensor shall not be considered in default of any of its obligations under this paragraph (m) unless such default continues for more than fifteen (15) days after Licensee shall have provided Licensor written notice specifying the nature of the default and, if applicable, the location(s) of Poles for which Make-Ready work has not been performed.

Pre-Construction Surveys and Make-Ready Work. a. A pre-construction survey will be required for each Pole pole and Anchor anchor for which attachment is requested to determine the adequacy of the Pole pole and Anchor anchor to accommodate Licensee’s facilities. At the option of Licensee, the field inspection will be performed: (1) by representatives of the Licensor with optional participation by joint owner(s), joint user(s), other Licensees and the Licensee, or (2) by Licensee, after first providing written notice to the Licensor of its intention to perform said field inspection. If the field inspection is performed by Licensee, the Licensee shall, prior to commencement of the field inspection, obtain from the Licensor information as to the Licensor’s planned future construction on the Poles poles and/or Anchors anchors involved. Licensee shall furnish the required field inspection data to the Licensor in a format specified by the Licensor as set forth in Exhibit I. Licensor. The field inspection data shall be of an accuracy and completeness necessary to permit the performance of make-ready and other work required to accommodate Licensee’s facilities in a manner consistent with the requirements of Article IV (3.) and IV (4. c.). The Licensee and Licensor may employ contractors to perform the field inspection. b. Licensee shall pay the Licensor at the time Licensee furnishes the field inspection data, an administrative handling charge per Pole pole as provided in the Schedule of Unit Costs filed with the Public Service Commission and incorporated herein as Exhibit G.Commission. c. In the event the Licensor determines that a Pole utility pole to which Licensee desires to make attachments is inadequate or that a Pole pole or Anchor anchor needs rearrangement of the existing facilities thereon to accommodate the facilities of Licensee, the Licensor will inform Licensee in writing of the cost of the required make-ready work. Charges for make-ready work, the cost of surveys and/or inspections, shall be as specified in Article VIII; Rates and Charges. d. The Licensor shall specify the point of attachment on each of the Poles utility poles and/or Anchors anchors to be occupied by Licensee’s equipment and/or facilities. Where multiple Licensee’s attachments are involved, the Licensor will attempt, to the extent practical, to designate the same relative position on each Pole pole for each Licensee’s facilities. e. Licensee shall have thirty (30) days from the receipt of written notification from the Licensor of the costs of make-ready work to accept and pay all make- ready costs; provided, however, that if the Licensor receives a request from another Licensee for an authorization to attach to a Pole utility pole or Anchor anchor for which a written notification of make-make- ready work costs has been sent to Licensee, then Licensee must accept within fifteen (15) days after receipt of notification from the Licensor of the other attachment request or until the end of the thirty (30) day period, whichever period of time is shorter. f. Any required make-ready work will be performed following receipt by the Licensor of payment of the cost of make-ready work. Licensee shall also reimburse the owner(s) of other facilities attached to said Poles poles or Anchors anchors for any expense incurred by them in transferring or rearranging such facilities to accommodate Licensee’s facilities. g. When Should the Licensor, joint user or other Licensee, for their own service requirements, need to attach additional facilities to any utility pole or anchor to which Licensee is attached, Licensee will either rearrange its facilities on the pole or anchor or transfer them to a replacement pole or anchor as determined by the Licensor deems it so that the additional facilities of the Licensor, joint user or other Licensee may be attached. Licensee shall not be required to bear any of the costs of rearranging or transferring its facilities if such rearrangement or transfer is required as a result of an immediate threat additional attachment or modification of an existing attachment sought by any entity, including Licensor, Joint Owner, Joint User, or other Licensees. Any rearrangement/transfer costs shall be borne by the entity or entities requesting the rearrangement or transfer. Licensee shall be solely responsible for collecting any rearrangement/transfer costs incurred pursuant to safety and/or an emergency existsthis paragraph. Licensor’s responsibility shall be limited to reimbursement of its pro rata share of such costs caused by its own additional attachment or modification to the pole. However, it Licensor shall, upon receipt of written request, provide Licensee with any information in Licensor’s possession which may rearrange, facilitate Licensee’s collection of such costs. If Licensee does not rearrange or transfer its facilities within sixty (60) days after receipt of written notice from the Licensor requesting such rearrangement or transfer, the Licensor, Joint Owner or Joint User may perform or have performed such rearrangement or transfer and Licensee shall pay the cost thereof. The foregoing shall not preclude Licensee from thereafter seeking reimbursement of such rearrangement/transfer costs as if it had performed the work in accordance with this paragraph. h. In an emergency, the Licensor may rearrange or temporarily remove Licensee’s attachments facilities attached to Licensor’s Poles at Licensee’s expense. Licensor shall make reasonable efforts to contact Licensee as circumstances permita utility pole and/or anchor. h. i. Upon written notice from Licensor, Licensee shall promptly rearrange and/or transfer its attachments and/or Anchors anchors as required by Licensor to permit Licensor to perform any routine maintenance, including replacement of worn or defective Polespoles, guys or Anchorsanchors. Licensee shall be responsible for all costs associated with such rearrangements/transfers. i. j. Authorization to attach a xxx xxxxxx to an existing utility anchor shall be granted where adequate capacity is available as specified in the then current written procedures for determining the adequacy of attachment capacity, filed separately with the Public Service Commission, . (Exhibit D). Should the Licensor, Joint Owner or Joint User for its own service requirements need to increase its load on the Anchor anchor to which Licensee’s xxx xxxxxx is attached, and where a larger Anchor anchor is required that would not have been necessary but for the attachment of Licensee’s xxx xxxxxx, Licensee will either rearrange its xxx xxxxxx on the Anchor anchor or transfer it to a replacement Anchor anchor as determined by the Licensor. The cost of such rearrangement/transfer shall be borne by the Licensor, Joint Owner or Joint User requiring the larger Anchoranchor. Licensee shall be solely responsible for collecting its rearrangement/transfer costs under such circumstances. Licensor’s responsibility shall be limited to reimbursement of its pro rata share of such costs caused by its own additional attachment or modification to the Polepole. However, Licensor shall, upon receipt of written request, provide Licensee with any information in Licensor’s possession which may facilitate Licensee’s collection of such costs. If Licensee does not rearrange or transfer its xxx xxxxxx within thirty (30) days after receipt or written notice from the Licensor regarding such requirement, the Licensor or Joint User may perform, or have performed, the work involved and Licensee shall pay the cost thereof. The foregoing shall not preclude Licensee thereafter from seeking reimbursement of any rearrangement/transfer costs in accordance with this paragraph. j. k. Licensee shall notify the Licensor in writing before adding to, relocating, replacing or otherwise modifying its equipment and/or facilities on a Pole utility pole or Anchoranchor, where additional space or holding capacity may be required. k. l. When additional Make-Ready or related work is required as a result of circumstances beyond anyone’s control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. l. m. Unless prevented from doing so by circumstances beyond Licensor’s reasonable control, including, but not limited to acts of god, fire, strikes, embargo, seasonal limitations on construction, acts or inaction of the Government, or acts or inaction of a joint owner, joint user or other Licensee, and subject to the quantity limitations set forth in paragraph (1) (c) of this Article, Licensor shall adhere to the following timetable in the performance of pre-construction and Make-Ready work: (1) Upon receipt of a written application (Exhibits A or C), Licensor shall verify Pole pole ownership and perform a pre-survey with all affected parties, unless Licensee opts to perform the pre-survey for itself. Licensor shall determine whether Licensee’s proposed attachment or Anchor anchor can be accommodated and determine what, if any, Make-Ready work is required for Licensee’s proposed attachments and/or Anchorsanchors. Licensor shall complete these tasks within forty-five (45) days of receipt of Licensee’s written application. (2) If Make-Ready work is required and there are other entities with attachments to the poles, Licensor shall send written notification to all such entities describing the proposed modifications to the poles and/or anchors based on Licensee’s application. Entities receiving such notice shall have sixty (60) days to determine whether they wish to add to or modify their existing attachments and to submit written notification of their requirements to Licensor. (3) Licensor shall design the Make-Ready work, or redesign the Make-Ready work to incorporate any additional requirements submitted by other entities pursuant to subparagraph (2) above, and estimate the costs of the Licensor’s Make-Ready work. Licensor shall complete these tasks within thirty (30) days of receipt of all written notifications of modification requirements or notifications that no additional requirements are sought. (4) Licensor shall complete all its Make-Ready work which does not involve pole replacements within sixty (60) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving pole replacements, Licensor shall complete all its Make-Ready work within ninety (90) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving the placement of poles greater than forty-five (45) feet in height, and where permissible under the Licensor’s collective bargaining agreements, the Licensor may require the Licensee or an authorized representative to perform the work. The foregoing Make-Ready commitments shall apply solely to Make-Ready work to be performed by Licensor. These commitments shall not apply to Make-Ready work to be performed by Joint Owners, Joint Users or other Licensees. (5) Licensor shall not be considered in default of any of its obligations under this paragraph (m) unless such default continues for more than fifteen (15) days after Licensee shall have provided Licensor written notice specifying the nature of the default and, if applicable, the location(s) of Poles poles for which Make-Ready work has not been performed.

Pre-Construction Surveys and Make-Ready Work. a. A pre-construction survey will be required for each Pole and Anchor conduit section for which attachment occupancy is requested to determine the adequacy availability of the Pole and Anchor conduit space to accommodate Licensee’s facilitiesfacilities (Exhibit E). At In determining the option availability of space in Licensor’s conduit system, Licensor will consider its present and foreseeable communications and maintenance needs for conduit space. If conduit space is available, a license to occupy the conduit system will be granted to Licensee; provided, however, that Licensor will not warrant the condition of such conduit. The field inspection will be performed: (1) performed by representatives of the Licensor with optional participation by joint owner(s), joint user(s), other Licensees and the Licensee, or (2) by Licensee, after first providing written notice to the Licensor of its intention to perform said field inspection. If the field inspection is performed by Licensee, the Licensee shall, prior to commencement of the field inspection, obtain from the Licensor information as to the Licensor’s planned future construction on the Poles and/or Anchors involved. Licensee shall furnish the required field inspection data to the Licensor in a format specified by the Licensor as set forth in Exhibit I. The field inspection data shall be of an accuracy and completeness necessary to permit the performance of make-ready and other work required to accommodate Licensee’s facilities in a manner consistent with the requirements of Article IV (3.) and IV (4. c.). The Licensee and Licensor may employ contractors to perform the field inspection. b. Licensee shall pay the Licensor at the time Licensee furnishes the field inspection data, an administrative handling charge per Pole as provided in the Schedule of Unit Costs filed with the Public Service Commission and incorporated herein as Exhibit G. c. In the event the Licensor determines that a Pole to which Licensee desires to make attachments is inadequate or that a Pole or Anchor needs Licensor’s cable facilities need rearrangement of the existing facilities thereon to accommodate the facilities of Licensee, the Licensor will inform Licensee in writing of the cost of the required makeMake-ready Ready work. Charges for makeMake-ready Ready work, including the cost of surveys and/or inspections, shall be as specified in Article VIII; , Rates and Charges. d. c. The Licensor shall specify the point of attachment on each of the Poles and/or Anchors conduit to be occupied by Licensee’s equipment and/or facilities. Where multiple facilities and the location where and manner in which Licensee’s attachments are involvedcable will enter and exit Licensor’s manholes, pull boxes or handholes. Clearing obstructions, repairs, dig-ups and any other work required to make a duct usable for the Licensor will attempt, to the extent practical, to designate the same relative position on each Pole for each initial placing of Licensee’s facilitiescable shall be done at Licensee’s expense by the Licensor, its contractor or a contractor approved by Licensor. e. d. Licensee shall have thirty (30) days from the receipt of written notification from the Licensor of the costs of makeMake-ready Ready work to accept and pay all make- ready Make- Ready costs; provided, however, that if the Licensor receives a request from another Licensee for an authorization to attach to a Pole or Anchor occupy the conduit system for which a written notification of makeMake-ready Ready work costs has been sent to Licensee, then Licensee must accept within fifteen (15) days after receipt of notification from the Licensor of the other attachment occupancy request or until the end of the thirty (30) day period, whichever period of time is shorter. f. e. Any required makeMake-ready Ready work will be performed following receipt by the Licensor of payment of the cost of makethe Make-ready Ready work. Licensee shall also reimburse the owner(s) of other facilities attached to occupying said Poles or Anchors conduit system for any expense incurred by them in transferring or rearranging such their facilities to accommodate Licensee’s facilities. g. f. When Licensor deems it an immediate threat to safety and/or an emergency exists, it may rearrange, transfer, rearrange or remove Licensee’s attachments to facilities occupying Licensor’s Poles conduit system at Licensee’s expense. Licensor shall make reasonable efforts to contact Licensee as circumstances permit. h. g. Upon written notice from by Licensor, Licensee shall promptly rearrange and/or transfer its attachments and/or Anchors facilities in the conduit system as required by Licensor to permit Licensor to perform any routine maintenancemaintenance of the conduit system, including replacement of worn or defective Polesdamaged manholes, guys or Anchorsconduits, ducts, and laterals. Licensee shall be responsible for all costs associated with such rearrangements/transfers. i. Authorization to attach a xxx xxxxxx to an existing utility anchor shall be granted where adequate capacity is available as specified in the then current written procedures for determining the adequacy of attachment capacity, filed separately with the Public Service Commission, (Exhibit D). Should the Licensor, Joint Owner or Joint User for its own service requirements need to increase its load on the Anchor to which Licensee’s xxx xxxxxx is attached, and where a larger Anchor is required that would not have been necessary but for the attachment of Licensee’s xxx xxxxxx, Licensee will either rearrange its xxx xxxxxx on the Anchor or transfer it to a replacement Anchor as determined by the Licensor. The cost of such rearrangement/transfer shall be borne by the Licensor, Joint Owner or Joint User requiring the larger Anchor. Licensee shall be solely responsible for collecting its rearrangement/transfer costs under such circumstances. Licensor’s responsibility shall be limited to reimbursement of its pro rata share of such costs caused by its own additional attachment or modification to the Pole. However, Licensor shall, upon receipt of written request, provide Licensee with any information in Licensor’s possession which may facilitate Licensee’s collection of such costs. If Licensee does not rearrange or transfer its xxx xxxxxx within thirty (30) days after receipt or written notice from the Licensor regarding such requirement, the Licensor or Joint User may perform, or have performed, the work involved and Licensee shall pay the cost thereof. The foregoing shall not preclude Licensee thereafter from seeking reimbursement of any rearrangement/transfer costs in accordance with this paragraph. j. h. Licensee shall notify the Licensor in writing before adding to, relocating, replacing or otherwise modifying its equipment and/or facilities on in a Pole or Anchor, conduit system where additional space or holding capacity may be required. k. i. When additional Make-Ready or related work is required as a result of circumstances beyond anyone’s control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. l. j. Unless prevented from doing so by circumstances beyond Licensor’s reasonable control, including, but not limited to acts of god, fire, strikes, embargo, seasonal limitations on construction, acts or inaction of the Government, or acts or inaction of a joint owner, joint user or other another Licensee, and subject to the quantity limitations set forth in paragraph (1) (c) of this Article, Licensor shall adhere to the following timetable in the performance of pre-construction and Make-Ready work: (1) Upon receipt of a written application (Exhibits A or CExhibit A), Licensor shall verify Pole ownership and perform a pre-survey with all affected parties, unless Licensee opts to perform the pre-survey for itself. Licensor shall determine whether Licensee’s proposed attachment or Anchor occupancy can be accommodated and determine what, if any, Make-Ready work is required for Licensee’s proposed attachments and/or Anchorsrequired. Licensor shall complete these tasks within forty-five (45) days of receipt of Licensee’s written application. (2) If Make-Ready work is required and there are other entities with attachments to occupying the polessame conduit section, Licensor shall send written notification to all such entities describing the proposed modifications to the poles and/or anchors conduit system based on Licensee’s application. Entities receiving such notice shall have sixty (60) days to determine whether they wish to add to or modify their existing attachments facilities and to submit written notification of their requirements to Licensor. (3) Licensor shall design the Make-Ready work, or redesign the Make-Ready work to incorporate any additional requirements submitted by other entities pursuant to in accordance with subparagraph (2) above, and estimate the costs of the Licensor’s Make-Ready work. Licensor shall complete these tasks within thirty (30) days of receipt of all written notifications of modification requirements or notifications that no additional requirements are sought. (4) Licensor shall complete all its Make-Ready work which does not involve pole replacements within sixty (60) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving pole replacements, Licensor shall complete all its Make-Ready work within ninety (90) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving the placement of poles greater than forty-five (45) feet in height, and where permissible under the Licensor’s collective bargaining agreements, the Licensor may require the Licensee or an authorized representative to perform the work. The foregoing Make-Ready commitments shall apply solely to Make-Ready work to be performed by Licensor. These commitments shall not apply to Make-Ready work to be performed by Joint Owners, Joint Users or other Licensees. (5) Licensor shall not be considered in default of any of its obligations under this paragraph (mk) unless such default continues for more than fifteen (15) days after Licensee shall have provided Licensor written notice specifying the nature of the default and, if applicable, the manhole location(s) of Poles for in which Make-Ready work has not been performed.

Pre-Construction Surveys and Make-Ready Work. a. A pre-construction survey will be required for each Pole pole and Anchor anchor for which attachment is requested to determine the adequacy of the Pole pole and Anchor anchor to accommodate Licensee’s facilities. At the option of Licensee, the field inspection will be performed: (1) by representatives of the Licensor with optional participation by joint owner(s), joint user(s), other Licensees and the Licensee, or (2) by Licensee, after first providing written notice to the Licensor of its intention to perform said field inspection. If the field inspection is performed by Licensee, the Licensee shall, prior to commencement of the field inspection, obtain from the Licensor information as to the Licensor’s planned future construction on the Poles poles and/or Anchors anchors involved. Licensee shall furnish the required field inspection data to the Licensor in a format specified by the Licensor as set forth in Exhibit I. Licensor. The field inspection data shall be of an accuracy and completeness necessary to permit the performance of make-ready and other work required to accommodate Licensee’s facilities in a manner consistent with the requirements of Article IV (3.) and IV (4. c.). The Licensee and Licensor may employ contractors to perform the field inspection. b. Licensee shall pay the Licensor at the time Licensee furnishes the field inspection data, an administrative handling charge per Pole pole as provided in the Schedule of Unit Costs filed with the Public Service Commission and incorporated herein as Exhibit G.Commission. c. In the event the Licensor determines that a Pole utility pole to which Licensee desires to make attachments is inadequate or that a Pole pole or Anchor anchor needs rearrangement of the existing facilities thereon to accommodate the facilities of Licensee, the Licensor will inform Licensee in writing of the cost of the required make-ready work. Charges for make-ready work, the cost of surveys and/or inspections, shall be as specified in Article VIII; Rates and Charges. d. The Licensor shall specify the point of attachment on each of the Poles utility poles and/or Anchors anchors to be occupied by Licensee’s equipment and/or facilities. Where multiple Licensee’s attachments are involved, the Licensor will attempt, to the extent practical, to designate the same relative position on each Pole pole for each Licensee’s facilities. Order No. 19 of the May 11, 2022 decision in Docket No. 19-01-52RE01 directed the Licensor to incorporate the following provisions into this Agreement: (i) Attachments may not be placed below the independent local exchange carrier (“ILEC”) facilities if the Attachments would create a NESC violation or an unsafe result. The Licensor shall inform the Licensee if such attachment would create a NESC violation or an unsafe result. e. Licensee shall have thirty (30ii) days from Attachments may not be placed below the receipt of written notification from the Licensor of the costs of make-ready work to accept and pay all make- ready costs; provided, however, that ILEC facilities if the Attachments would create an unreasonable result. The Licensor receives a request shall inform the Licensee if such Attachment would create an unreasonable result. An unreasonable result would include, but not be limited to, the following situations: A. When cable midspan and at pole Attachment points clearance minimums are not met in accordance with NESC 235-C(2)(b), as may be updated from another Licensee for an authorization time to attach to a Pole or Anchor for which a written notification of make-ready work costs has been sent to Licensee, then Licensee must accept within fifteen (15) days after receipt of notification from the Licensor of the other attachment request or until the end of the thirty (30) day period, whichever period of time is shortertime. f. Any required make-ready B. When communication lines are not arranged to occupy uniform positions along a pole or otherwise be easily identifiable for employees who work will on them in accordance with Safety standard NESC Rule 220E, as may be performed following receipt by updated from time to time. C. When the Licensor of payment of Attachment eliminates standardization and may increase the cost of complexity for other attachers during future make-ready work. Licensee shall also reimburse the owner(s) of other facilities attached to said Poles or Anchors for any expense incurred by them in transferring or rearranging such facilities to accommodate Licensee’s facilities. g. D. When Licensor deems it an immediate threat the Attachment produces profiles that vary along a pole line, adds complexity and will likely introduce facility crossings, resulting in Make Ready merely being shifted from one pole to safety and/or an emergency existsanother. For example, it if a cable line is being placed both above and below the ILEC position along the same line of poles. E. When the Attachment impedes the pole owners’ future ability to service poles safely and efficiently. (iii) Attachments may rearrangebe placed below the ILEC facilities if, transfer, or remove Licensee’s attachments to in the Licensor’s Poles at Licensee’s expense. Licensor shall make reasonable efforts judgment pursuant to contact Licensee as circumstances permitthen current utility industry practice and standards, the attachments would not create an unreasonable or unsafe result. h. Upon written notice from Licensor, (iv) In the event the Licensee shall promptly rearrange and/or transfer its attachments and/or Anchors as required by Licensor seeks to permit Licensor to perform any routine maintenance, including replacement of worn or defective Poles, guys or Anchors. Licensee shall be responsible for all costs associated with such rearrangements/transfers. i. Authorization to attach a xxx xxxxxx to an existing utility anchor shall be granted where adequate capacity is available as specified in place Attachments below the then current written procedures for determining the adequacy of attachment capacity, filed separately with the Public Service Commission, (Exhibit D). Should the Licensor, Joint Owner or Joint User for its own service requirements need to increase its load on the Anchor to which Licensee’s xxx xxxxxx is attachedILEC, and where a larger Anchor is required that would not have been necessary but for the attachment Licensor approves such request pursuant to this subsection, the Licensee consents to the ILEC conducting all rearrangements and shifting of Licensee’s xxx xxxxxxAttachments, Licensee will either rearrange its xxx xxxxxx on Overlashings and/or Facilities that are located below the Anchor or transfer it to ILEC facilities in the event a pole replacement Anchor as determined by the Licensor. The cost of such rearrangement/transfer shall be borne by the Licensoris necessary, Joint Owner or Joint User requiring the larger Anchor. Licensee shall be solely responsible for collecting its rearrangement/transfer costs under such circumstances. Licensor’s responsibility shall be limited to reimbursement of its pro rata share of such costs caused by its own additional attachment or modification to the Pole. However, Licensor shall, upon receipt of written request, provide Licensee with any information in Licensor’s possession which may facilitate Licensee’s collection of such costs. If Licensee does not rearrange or transfer its xxx xxxxxx within thirty (30) days after receipt or written notice from the Licensor regarding such requirement, the Licensor or Joint User may perform, or have performed, the work involved and Licensee shall pay the cost thereof. The foregoing shall not preclude Licensee thereafter from seeking reimbursement of any rearrangement/transfer costs in accordance with this paragraph. j. Licensee shall notify the Licensor in writing before adding to, relocating, replacing or otherwise modifying its equipment and/or facilities on a Pole or Anchor, where additional space or holding capacity may be required. k. When additional Make-Ready or related work is required as a result of circumstances beyond anyone’s control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. l. Unless prevented from doing so by circumstances beyond Licensor’s reasonable control, including, but not limited to acts of god, fire, strikes, embargo, seasonal limitations on construction, acts or inaction of the Government, or acts or inaction of a joint owner, joint user or other Licensee, and subject to the quantity limitations set forth in paragraph (1) (c) of this Article, Licensor shall adhere to the following timetable in the performance of pre-construction and Make-Ready workfollowing: (1) Upon receipt of a written application (Exhibits A or C), Licensor shall verify Pole ownership and perform a pre-survey with all affected parties, unless Licensee opts to perform the pre-survey for itself. Licensor shall determine whether Licensee’s proposed attachment or Anchor can be accommodated and determine what, if any, Make-Ready work is required for Licensee’s proposed attachments and/or Anchors. Licensor shall complete these tasks within forty-five (45) days of receipt of Licensee’s written application. (2) If Make-Ready work is required and there are other entities with attachments to the poles, Licensor shall send written notification to all such entities describing the proposed modifications to the poles and/or anchors based on Licensee’s application. Entities receiving such notice shall have sixty (60) days to determine whether they wish to add to or modify their existing attachments and to submit written notification of their requirements to Licensor. (3) Licensor shall design the Make-Ready work, or redesign the Make-Ready work to incorporate any additional requirements submitted by other entities pursuant to subparagraph (2) above, and estimate the costs of the Licensor’s Make-Ready work. Licensor shall complete these tasks within thirty (30) days of receipt of all written notifications of modification requirements or notifications that no additional requirements are sought. (4) Licensor shall complete all its Make-Ready work which does not involve pole replacements within sixty (60) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving pole replacements, Licensor shall complete all its Make-Ready work within ninety (90) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving the placement of poles greater than forty-five (45) feet in height, and where permissible under the Licensor’s collective bargaining agreements, the Licensor may require the Licensee or an authorized representative to perform the work. The foregoing Make-Ready commitments shall apply solely to Make-Ready work to be performed by Licensor. These commitments shall not apply to Make-Ready work to be performed by Joint Owners, Joint Users or other Licensees. (5) Licensor shall not be considered in default of any of its obligations under this paragraph (m) unless such default continues for more than fifteen (15) days after Licensee shall have provided Licensor written notice specifying the nature of the default and, if applicable, the location(s) of Poles for which Make-Ready work has not been performed.

Pre-Construction Surveys and Make-Ready Work. a. A pre-construction survey will be required for each Pole and Anchor conduit section for which attachment occupancy is requested to determine the adequacy availability of the Pole and Anchor conduit space to accommodate Licensee’s facilitiesfacilities (Exhibit F). At In determining the option availability of space in Licensor’s conduit system, Licensor will consider its present and foreseeable communications and maintenance needs for conduit space. If conduit space is available, a license to occupy the conduit system will be granted to Licensee; provided, however, that Licensor will not warrant the condition of such conduit. The field inspection will be performed: (1) performed by representatives of the Licensor with optional participation by joint owner(sthe Licensee(s), joint user(s), other Licensees and the Licensee, or (2) by Licensee, after first providing written notice to the Licensor of its intention to perform said field inspection. If the field inspection is performed by Licensee, the Licensee shall, prior to commencement of the field inspection, obtain from the Licensor information as to the Licensor’s planned future construction on the Poles and/or Anchors involved. Licensee shall furnish the required field inspection data to the Licensor in a format specified by the Licensor as set forth in Exhibit I. The field inspection data shall be of an accuracy and completeness necessary to permit the performance of make-ready and other work required to accommodate Licensee’s facilities in a manner consistent with the requirements of Article IV (3.) and IV (4. c.). The Licensee and Licensor may employ contractors to perform the field inspection. b. Licensee shall pay the Licensor at the time Licensee furnishes the field inspection data, an administrative handling charge per Pole as provided in the Schedule of Unit Costs filed with the Public Service Commission and incorporated herein as Exhibit G. c. In the event the Licensor determines that a Pole to which Licensee desires to make attachments is inadequate or that a Pole or Anchor needs Licensor’s cable facilities need rearrangement of the existing facilities thereon to accommodate the facilities of Licensee, the Licensor will inform Licensee in writing of the cost of the required makeMake-ready Ready work. Charges for makeMake-ready Ready work, including the cost of surveys and/or post- construction inspections, shall be as specified in Article VIII; , Rates and Charges. d. c. The Licensor shall specify the point of attachment on each of the Poles and/or Anchors conduit to be occupied by Licensee’s equipment and/or facilities. Where multiple facilities and the location where and manner in which Licensee’s attachments are involvedcable will enter and exit Licensor’s manholes, pull boxes or handholes. Clearing obstructions, repairs, dig-ups and any other work required to make a duct usable for the Licensor will attempt, to the extent practical, to designate the same relative position on each Pole for each initial placing of Licensee’s facilitiescable shall be done at Licensee’s expense by the Licensor, its contractor or a contractor approved by Licensor. e. d. Licensee shall have thirty (30) days from the receipt of written notification from the Licensor of the costs of makeMake-ready Ready work to accept and pay all make- ready Make-Ready costs; provided, however, that if the Licensor receives a request from another Licensee for an authorization to attach to a Pole or Anchor occupy the conduit system for which a written notification of makeMake-ready Ready work costs has been sent to Licensee, then Licensee must accept within fifteen (15) days after receipt of notification from the Licensor of the other attachment occupancy request or until the end of the thirty (30) day period, whichever period of time is shorter. f. Any e. All required makeMake-ready Ready work will be performed following receipt by the Licensor of payment of the cost of makethe Make-ready Ready work. Licensee shall also reimburse the owner(s) of other facilities attached to occupying said Poles or Anchors conduit system for any expense incurred by them in transferring or rearranging such their facilities to accommodate Licensee’s facilities. g. When Licensor deems it an immediate threat to safety and/or an emergency exists, it may rearrange, transfer, or remove Licensee’s attachments to Licensor’s Poles at Licensee’s expense. Licensor shall make reasonable efforts to contact Licensee as circumstances permit. h. Upon written notice from Licensor, Licensee shall promptly rearrange and/or transfer its attachments and/or Anchors as required by Licensor to permit Licensor to perform any routine maintenance, including replacement of worn or defective Poles, guys or Anchors. Licensee shall be responsible for all costs associated with such rearrangements/transfers. i. Authorization to attach a xxx xxxxxx to an existing utility anchor shall be granted where adequate capacity is available as specified in the then current written procedures for determining the adequacy of attachment capacity, filed separately with the Public Service Commission, (Exhibit D). f. Should the Licensor, Joint Owner or Joint User other Licensee, for its their own service requirements requirements, need to increase its load on the Anchor to install additional facilities in any conduit system in which Licensee’s xxx xxxxxx is attached, and where a larger Anchor is required that would not have been necessary but for the attachment of Licensee’s xxx xxxxxxLicensee occupies conduit space, Licensee will either upon notice from the Licensor of the additional occupancy, rearrange its xxx xxxxxx on facilities in the Anchor or transfer it to a replacement Anchor conduit system as determined by the Licensor so that the additional facilities of the Licensor, or other Licensee may be accommodated. The cost Licensee shall not be required to bear any of the costs of rearranging its facilities if such rearrangement/transfer rearrangement is required as a result of an additional occupancy by any entity. including Licensor or other Licensees. Any rearrangement costs shall be borne by the Licensor, Joint Owner entity or Joint User requiring the larger Anchorentities requesting rearrangement. Licensee shall be solely responsible for collecting its rearrangement/transfer any rearrangement costs under such circumstancesincurred pursuant to this paragraph. Licensor’s sole responsibility shall be limited to reimbursement of its pro rata share of such costs caused by its own additional attachment or modification to the Poleoccupancies. However, Licensor shall, upon receipt of written request, provide Licensee with any information in Licensor’s possession which may facilitate Licensee’s collection of such costs. If Licensee does not rearrange or transfer its xxx xxxxxx facilities within thirty sixty (3060) days after receipt or of written notice from the Licensor regarding requesting such requirementrearrangement, the Licensor or Joint User may perform, perform or have performed, the work involved performed such rearrangement and Licensee shall pay the cost thereof. The foregoing shall not preclude Licensee from thereafter from seeking reimbursement of any rearrangement/transfer such rearrangements costs as if it had performed the work in accordance with this paragraph. j. g. In an emergency, the Licensor may rearrange Licensee’s facilities occupying a conduit or manhole. h. Upon written notice by Licensor, Licensee shall promptly rearrange its facilities in the conduit system as required by Licensor to permit Licensor to perform any routine maintenance of the conduit system, including replacement of worn or damaged manholes, conduits, ducts, and laterals. Licensee shall be responsible for all costs associated with such rearrangements. i. Licensee shall notify the Licensor in writing before adding to, relocating, replacing or otherwise modifying its equipment and/or facilities on in a Pole or Anchor, conduit system where additional space or holding capacity may be required. k. j. When additional Make-Ready or related work is required as a result of circumstances beyond anyone’s control, including but not limited to storms, vehicular accidents, or public work projects, Licensee is responsible for the timely repairing, relocating or replacing of its own facilities. l. k. Unless prevented from doing so by circumstances beyond Licensor’s reasonable control, including, but not limited to acts of god, fire, strikes, embargo, seasonal limitations on construction, acts or inaction of the Government, or acts or inaction of a joint owner, joint user or other another Licensee, and subject to the quantity limitations set forth in paragraph (1) (c) of this Article, Licensor shall adhere to the following timetable in the performance of pre-construction and Make-Ready work: (1) Upon receipt of a written application (Exhibits A or CA), Licensor shall verify Pole ownership and perform a pre-survey with all affected parties, unless Licensee opts to perform the pre-survey for itself. Licensor shall determine whether Licensee’s proposed attachment or Anchor occupancy can be accommodated and determine what, if any, Make-Ready work is required for Licensee’s proposed attachments and/or Anchorsrequired. Licensor shall complete these tasks within forty-forty- five (45) days of receipt of Licensee’s written application. (2) If Make-Ready work is required and there are other entities with attachments to occupying the polessame conduit section, Licensor shall send written notification to all such entities describing the proposed modifications to the poles and/or anchors conduit system based on Licensee’s application. Entities receiving such notice shall have sixty (60) days to determine whether they wish to add to or modify their existing attachments facilities and to submit written notification of their requirements to Licensor. (3) Licensor shall design the Make-Ready work, or redesign the Make-Ready work to incorporate any additional requirements submitted by other entities pursuant to in accordance with subparagraph (2) above, and estimate the costs of the Licensor’s Make-Ready work. Licensor shall complete these tasks within thirty (30) days of receipt of all written notifications of modification requirements or notifications that no additional requirements are sought. (4) Licensor shall complete all its Make-Ready work which does not involve pole replacements within sixty (60) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving pole replacements, Licensor shall complete all its Make-Ready work within ninety (90) days of receipt of payment by Licensee of the estimated Make-Ready work costs. For Make-Ready work involving the placement of poles greater than forty-five (45) feet in height, and where permissible under the Licensor’s collective bargaining agreements, the Licensor may require the Licensee or an authorized representative to perform the work. The foregoing Make-Ready commitments shall apply solely to Make-Ready work to be performed by Licensor. These commitments shall not apply to Make-Ready work to be performed by Joint Owners, Joint Users or other Licensees. (5) Licensor shall not be considered in default of any of its obligations under this paragraph (mk) unless such default continues for more than fifteen (15) days after Licensee shall have provided Licensor written notice specifying the nature of the default and, if applicable, the manhole location(s) of Poles for in which Make-Ready work has not been performed.