Pre-Construction Surveys and Make-Ready Work. a. A Pre-Construction Survey will be required for each Pole for which Attachment is requested to determine the adequacy of the Pole to accommodate Municipality's Facilities, provided that a Pre-Construction Survey is not required for Approved Overlashing Techniques. The field inspection will be performed by Owner or a representative of a Owner with optional participation by Other Owner(s), Other Licensees and the Municipality. b. In the event the Owner determines that a Pole to which Municipality desires to make Attachment(s), Overlashing(s) and/or attach Facility(ies) is inadequate or that a Pole needs rearrangement of the existing facilities thereon to accommodate Municipality's proposed Attachment(s), Overlashing(s) and/or Facility(ies), the Owner will inform Municipality in writing of the cost of the required Make-Ready Work. Charges for Make-Ready Work shall be as specified in Article VIII, Rates and Charges. Additionally, any costs directly related to the construction and installation of the new Pole, the removal and disposal of the prior Pole, and any other charges and costs incurred by the Other Owners, shall be considered additional Make-Ready Work charges. Notwithstanding the foregoing provisions, if a Pole replacement or Make-Ready work is necessary to accommodate Municipality’s proposed Attachment, Overlashing and/or Facilities to a Pole, then Municipality shall not be charged for the Make-Ready cost associated with such Pole replacement if, and only if, each of the following three conditions are satisfied: (i) Owner owns the Pole or is the designated custodian of said Pole per Owner’s agreement with an Other Owner, (ii) the Pole onto which Municipality wants to attach its Attachment, Overlashing or Facilities was installed by Owner after October 1, 1994 (which is the effective date of an amendment to Conn. Gen.
Appears in 3 contracts
Samples: Pole Attachment Agreement, Pole Attachment Agreement, Pole Attachment Agreement
Pre-Construction Surveys and Make-Ready Work. a. A Pre-Construction Survey will be required for each Pole for to which Attachment attachment is requested to determine the adequacy of the Pole to accommodate MunicipalityLicensee's Facilities, provided that a Pre-Construction Survey is not required for Approved Overlashing Techniques. The field inspection will be performed by Owner or a representative representatives of a Owner UI with optional participation by Other Owner(s)AT&T Connecticut, Other Licensees and the MunicipalityLicensee.
b. In the event the Owner UI determines that a Pole to which Municipality Licensee desires to make Attachment(s), Overlashing(s) and/or attach Facility(ies) attachments is inadequate or that a Pole needs rearrangement of the existing facilities thereon to accommodate Municipality's proposed Attachment(s)Licensee s Facilities, Overlashing(s) and/or Facility(ies), the Owner UI will inform Municipality Licensee in writing of the cost of the required Make-Make- Ready Work. Charges for Make-Ready Work shall will be as specified in Article VIII, Rates and Charges. Additionally, any costs directly related to the construction and installation of the a new Pole, the removal and disposal of the a prior Pole, and any other charges and costs incurred by the AT&T Connecticut or Other OwnersLicensees, shall be considered additional Make-Ready Work charges.
c. UI will specify the point of attachment on each of the Poles to be occupied by Licensee's Facilities. Notwithstanding Where multiple Licensee's Attachments are involved, UI will attempt, to the foregoing provisionsextent practical, if a to designate the same relative position on each Pole replacement or for each of Licensee's Facilities.
d. Licensee shall have forty-five (45) days from the receipt of written notification from UI of the cost of Make-Ready work is necessary Work to accommodate Municipality’s proposed Attachmentaccept and pay all Make-Ready Work costs; provided, Overlashing and/or Facilities however, that if UI receives a request from an Other Licensee for an authorization to attach to a PolePole for which a written notification of Make-Ready Work costs has been sent to Licensee, then Municipality shall not be charged for Licensee must accept the Make-Ready Work costs within fifteen (15) days after receipt of notification from UI of the other attachment request or by the end of the forty-five (45) day period, whichever period of time is shorter.
e. Any required Make-Ready Work will be performed following UI s receipt of payment of the charges for Make-Ready Work.
f. If UI requires modifications to its facilities including, but not limited to, the replacement of a Pole, and if such modifications would not be necessary except for the Licensee's Attachment to the Pole, such modifications shall be additional Make-Ready Work and the Licensee shall pay the costs for such additional Make-Ready Work in accordance with the provisions of Article VIII, Rates and Charges. In the event that an Other Licensee has Facilities attached to the Pole, the cost of such additional Make-Ready Work shall be apportioned equally among the Licensees. Additional Make- Ready Work necessitated by changes in the service needs of UI will be billable to Licensee only when necessitated by the presence of Licensee Facilities.
g. Upon written notice from UI, Licensee shall promptly perform any Make-Ready Work necessary on Licensee's Attachments to accommodate an Other Licensee's attachment to a Pole and Other Licensee(s) shall pay all costs for such Make-Ready Work. UI is not and shall not be liable for any such expense. If Licensee fails to perform such Make-Ready Work within twenty (20) days from the date of written notice from UI, UI shall have the right, but not the obligation, to perform the Make-Ready Work and charge Other Licensee the cost of performing such work.
h. Traffic control, as required by the municipality in which any work is being performed by UI, for accommodation of Licensee Facilities, or Licensee shall be: 1) arranged by UI during its Make-Ready Work, and is included in the Make-Ready Work costs as specified in Article VIII, Rates and Charges, and 2) arranged and paid for by Licensee during its attachment of Facilities and/or its Make Ready to accommodate Other Licensees.
i. Licensee shall notify UI in writing before adding to, relocating, replacing, adjusting or otherwise modifying its Appurtenances and/or Facilities on a Pole.
j. All tree trimming made necessary, in the sole opinion of UI, by Licensee s proposed Attachments at the time of the Attachment shall be performed by Licensee or its contractors at the sole cost and expense of Licensee. All tree trimming done on a maintenance basis shall be the responsibility of UI and is included in the Pole Attachment License Fee as specified in Article VIII, Rates and Charges. Costs for tree trimming associated with such Pole replacement ifemergency and storm conditions shall be shared fully among all parties on a Pole.
k. All costs incurred by UI or AT&T Connecticut, which costs are directly related to the construction, removal or disposal of Poles, and only ifare incurred in complying with town ordinances, each decisions, directions or ordinances of the following three conditions are satisfied: (i) Owner owns the Pole EPA, DEP or is the designated custodian of said Pole per Owner’s agreement with an other governmental body having jurisdiction shall be shared equally by UI, Licensee, AT&T Connecticut and Other Owner, (ii) the Pole onto Licensees for affected Poles upon which Municipality wants to attach its Attachment, Overlashing or Facilities was installed by Owner after October 1, 1994 (which is the effective date of an amendment to Conn. Gen.they have Attachments.
Appears in 1 contract
Samples: Pole Attachment License Agreement
Pre-Construction Surveys and Make-Ready Work. a. A Pre-Construction Survey will be required for each Pole for which Attachment attachment is requested to determine the adequacy of the Pole to accommodate Municipality's Facilities, provided that a Pre-Construction Survey is not required for Approved Overlashing Techniques. The field inspection will be performed by Owner or a representative of a Owner with optional participation by Other Owner(s), Other Licensees and the Municipality.
b. In the event the Owner determines that a Pole to which Municipality desires to make Attachment(s), Overlashing(s) and/or attach Facility(ies) attachments is inadequate or that a Pole needs rearrangement of the existing facilities thereon to accommodate Municipality's proposed Attachment(s), Overlashing(s) and/or Facility(ies)Facilities, the Owner will inform Municipality in writing of the cost of the required Make-Ready Work. Charges for Make-Ready Work shall be as specified in Article VIII, Rates and Charges. Additionally, any costs directly related to the construction and installation of the new Pole, the removal and disposal of the prior Pole, and any other charges and costs incurred by the Other Owners, shall be considered additional Make-Ready Work charges. Notwithstanding the foregoing provisions, if a Pole replacement or Makemake-Ready ready work is necessary to accommodate Municipality’s proposed Attachment, Overlashing and/or Facilities Attachment to a Pole, then Municipality shall not be charged for the Make-Ready cost associated with such Pole replacement if, and only if, each of the following three conditions are is satisfied: (i) Owner owns the Pole or is the designated custodian of said Pole per Owner’s agreement with an Other Owner, (ii) the Pole onto which Municipality wants to attach its Attachment, Overlashing or Facilities was installed by Owner after October 1, 1994 (which is the effective date of an amendment to Conn. Gen.
Appears in 1 contract
Samples: Pole Attachment Agreement