Common use of Prelicense Survey Clause in Contracts

Prelicense Survey. After Licensee has submitted its written application for a license, a prelicense survey (including a field inspection) will be performed by either party, in the company of a representative of the other party as mutually agreed, to determine whether BellSouth's poles, anchors and anchor/guy strands, or conduit system, in their present condition, can accommodate Licensee's facilities, without substantially interfering with the ability of BellSouth or any other authorized person or entity to use or access the pole, anchor or anchor/xxx xxxxxx or any portion of BellSouth's conduit system or facilities attached to BellSouth's pole or placed within or connected to BellSouth's conduit system. If Licensee gives its prior written consent in writing, the determination of duct availability may include the "rodding" of ducts at Licensee's expense. 8.2.1 The purpose of the prelicense survey is to determine whether Licensee's proposed attachments to BellSouth's poles or occupancy of BellSouth's conduit and ducts will substantially interfere with use of BellSouth's facilities by BellSouth and others with facilities occupying, connected or attached to BellSouth's pole or conduit system; and to provide information to Licensee for its determination of whether the pole, anchor, anchor/xxx xxxxxx, conduit, duct, or right-of-way is suitable for its use. 8.2.2 Based on information provided by BellSouth and the survey, Licensee shall determine whether BellSouth's pole, anchor, anchor/xxx xxxxxx, conduit and duct facilities are suitable to meet Licensee's needs. 8.2.3 BellSouth may not unreasonably refuse to continue to process an application based on BellSouth's determination that Licensee's proposed use of BellSouth's facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. Licensee shall be responsible for making its own, independent determination that its use of such facilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. Licensee acknowledges that BellSouth is not explicitly or implicitly warranting to Licensee that Licensee's proposed use of BellSouth's facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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Prelicense Survey. After Licensee has submitted its written application for a license, a prelicense survey (including a field inspection) will be performed by either party, in the company of a representative of the other party as mutually agreed, to determine whether BellSouth's poles, anchors and anchor/guy strands, or conduit system, in their present condition, can accommodate Licensee's facilities, without substantially interfering with the ability of BellSouth or any other authorized person or entity to use or access the pole, anchor or anchor/xxx guy xxxxxx or xx any portion of BellSouth's conduit system or facilities attached to BellSouth's pole or placed within or connected to BellSouth's conduit system. If Licensee gives its prior written consent in writing, the determination of duct availability may include the "rodding" of ducts at Licensee's expense. 8.2.1 The purpose of the prelicense survey is to determine whether Licensee's proposed attachments to BellSouth's poles or occupancy of BellSouth's conduit and ducts will substantially interfere with use of BellSouth's facilities by BellSouth and others with facilities occupying, connected or attached to BellSouth's pole or conduit system; and to provide information to Licensee for its determination of whether the pole, anchor, anchor/xxx guy xxxxxx, conduit, duct, or right-of-way is suitable for its use. 8.2.2 Based on information provided by BellSouth and the surveyBellSouth, Licensee shall determine whether BellSouth's pole, anchor, anchor/xxx guy xxxxxx, conduit and duct facilities are suitable to meet Licensee's needs. 8.2.3 BellSouth may not unreasonably refuse to continue to process an application based on BellSouth's determination that Licensee's proposed use of BellSouth's ' s facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. Licensee shall be responsible for making its own, independent determination that its use of such facilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. Licensee acknowledges that BellSouth is not explicitly or implicitly warranting to Licensee that Licensee's proposed use of BellSouth's facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.

Appears in 1 contract

Samples: License Agreement (Knology Holdings Inc /Ga)

Prelicense Survey. After Licensee has submitted its written application Application for a licenseLicense, a prelicense survey Pre- License Survey (including a field inspection) will be performed by either party, in the company of a representative of the other party as mutually agreed, to determine whether BellSouth's polesAT&T’s Poles, anchors Anchors and anchorAnchor/guy strandsGuy Strands, or conduit systemConduit System, in their present condition, can accommodate Licensee's facilities’s Facilities, without substantially interfering with the ability of BellSouth withthe abilityof AT&T or any other authorized person or entity to use or access the polePole, anchor Anchor or anchorAnchor/xxx xxxxxx Xxx Xxxxxx or any portion of BellSouth's conduit system or facilities AT&T’s Conduit Systemor Facilities attached to BellSouth's pole AT&T’s Pole or placed within or connected to BellSouth's conduit systemAT&T’s Conduit System. If Pre-License Surveyis to be conducted by AT&T, AT&T will provide Licensee a Cost, based on its review of Licensee’s Application request, to perform the Pre-License Survey. AT&T will submit to Licensee costs to complete the Pre-License Survey; after receipt of Licensee’s payment of Pre-License Survey costs,AT&T will schedule the survey. If Licensee gives its prior written consent in writing, the determination of duct Duct availability may include the "rodding" rodding of ducts Ducts at Licensee's ’s expense. 8.2.1 The purpose of the prelicense survey Pre-License Survey is to determine whether Licensee's ’s proposed attachments to BellSouth's poles AT&T’s Poles or occupancy of BellSouth's conduit AT&T’s Conduit and ducts Ducts will substantially interfere with interferewith use of BellSouth's facilities AT&T’s Facilities by BellSouth AT&T and others with facilities Facilities occupying, connected or attached to BellSouth's pole AT&T’s Pole or conduit system; Conduit Systemand to determine what Make-ReadyWork is required to accommodate Licensee’s Facilities on AT&T’s Poles, Joint Use Pole(s), or Conduit, Duct, or Right-of-Way and to provide the cost associated with AT&T performing such Make-ReadyWork and toprovide information to Licensee for its determination of whether the polePole, anchorAnchor, anchorAnchor/xxx xxxxxxXxx Xxxxxx, conduitConduit, ductDuct, or rightRight-of-way Way is suitable for its use. 8.2.2 Based on information provided by BellSouth and the surveyAT&T, Licensee shall Xxxxxxxxxxxxx determine whether BellSouth's poleAT&T’s Pole, anchorAnchor, anchorAnchor/xxx xxxxxxXxx Xxxxxx, conduit Conduit and duct facilities Duct Facilities are suitable to meet Licensee's ’s needs. 8.2.3 BellSouth may AT&Tmay not unreasonably refuse to continue to process an application Application based on BellSouth's AT&T’s determination that Licensee's ’s proposed use of BellSouth's facilities AT&T’s Facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. Licensee shall be responsible for making its own, independent determination that its use of such facilities Facilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. Licensee acknowledges that BellSouth AT&T is not explicitly or implicitly warranting to Licensee that Licensee's ’s proposed use of BellSouth's facilities AT&T’s Facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.

Appears in 1 contract

Samples: Interconnection Agreement

Prelicense Survey. After Licensee has submitted its written application for a license, a prelicense survey (including a field inspection) will be performed by either party, in the company of a representative of the other party as mutually agreed, to determine whether BellSouth's poles, anchors and anchor/guy strands, or conduit system, in their present condition, can accommodate Licensee's facilities, without substantially interfering with the ability of BellSouth or any other authorized person or entity to use or access the pole, anchor or anchor/xxx xxxxxx or any portion of BellSouth's conduit system or facilities attached to BellSouth's pole or placed within or connected to BellSouth's conduit system. If Licensee gives its prior written consent in writing, the determination of duct availability may include the "rodding" of ducts at Licensee's expense. 8.2.1 The purpose of the prelicense survey is to determine whether Licensee's proposed attachments to BellSouth's poles or occupancy of BellSouth's conduit and ducts will substantially interfere with use of BellSouth's facilities by BellSouth and others with facilities occupying, connected or attached to BellSouth's pole or conduit system; and to provide information to Licensee for its determination of whether the pole, anchor, anchor/xxx xxxxxx, conduit, duct, or right-of-way is suitable for its use. 8.2.2 Based on information provided by BellSouth XxxxXxxxx and the survey, Licensee shall determine whether BellSouth's pole, anchor, anchor/xxx xxxxxx, conduit and duct facilities are suitable to meet Licensee's needs. 8.2.3 BellSouth may not unreasonably refuse to continue to process an application based on BellSouth's determination that Licensee's proposed use of BellSouth's facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. Licensee shall be responsible for making its own, independent determination that its use of such facilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. Licensee acknowledges that BellSouth is not explicitly or implicitly warranting to Licensee that Licensee's proposed use of BellSouth's facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.

Appears in 1 contract

Samples: License Agreement

Prelicense Survey. After Licensee has submitted its written application Application for a licenseLicense, a prelicense survey Pre-License Survey (including a field inspection) will be performed by either party, in the company of a representative of the other party as mutually agreed, to determine whether BellSouthAT&T's polesPoles, anchors Anchors and anchorAnchor/guy strandsGuy Strands, or conduit systemConduit System, in their present condition, can accommodate Licensee's facilitiesFacilities, without substantially interfering with the ability of BellSouth AT&T or any other authorized person or entity to use or access the polePole, anchor Anchor or anchorAnchor/xxx xxxxxx Xxx Xxxxxx or any portion of BellSouthAT&T's conduit system Conduit System or facilities Facilities attached to BellSouthAT&T's pole Pole or placed within or connected to BellSouthAT&T's conduit systemConduit System. If Pre-License Survey is to be conducted by AT&T, AT&T will provide Licensee a Cost, based on its review of Licensee's Application request, to perform the Pre-License Survey. After receipt of Licensee's payment of Pre-License Survey costs, AT&T will schedule such survey. If Licensee gives its prior written consent in writing, the determination of duct Duct availability may include the "rodding" rodding of ducts Ducts at Licensee's expense. Notwithstanding the foregoing, no Pre-License survey costs shall be incurred without Licensee’s advance written approval and payment of Costs. 8.2.1 The purpose of the prelicense survey Pre-License Survey is to determine whether Licensee's proposed attachments to BellSouthAT&T's poles Poles or occupancy of BellSouthAT&T's conduit Conduit and ducts Ducts will substantially interfere with use of BellSouthAT&T's facilities Facilities by BellSouth AT&T and others with facilities Facilities occupying, connected or attached to BellSouthAT&T's pole Pole or conduit system; Conduit System and to determine what Make-Ready Work is required to accommodate Licensee’s Facilities on AT&T’s Poles, Joint Use Pole(s), or Conduit, Duct, or Right-of-Way and the cost associated with AT&T performing such Make-Ready Work and to provide information to Licensee for its determination of whether the polePole, anchorAnchor, anchorAnchor/xxx xxxxxxXxx Xxxxxx, conduitConduit, ductDuct, or rightRight-of-way Way is suitable for its use. 8.2.2 Based on information provided by BellSouth and the surveyAT&T, Licensee shall determine whether BellSouthAT&T's polePole, anchorAnchor, anchorAnchor/xxx xxxxxxXxx Xxxxxx, conduit Conduit and duct facilities Duct Facilities are suitable to meet Licensee's needs. 8.2.3 BellSouth AT&T may not unreasonably refuse to continue to process an application Application based on BellSouthAT&T's determination that Licensee's proposed use of BellSouthAT&T's facilities Facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. Licensee shall be responsible for making its own, independent determination that its use of such facilities Facilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. Licensee acknowledges that BellSouth AT&T is not explicitly or implicitly warranting to Licensee that Licensee's proposed use of BellSouthAT&T's facilities Facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.

Appears in 1 contract

Samples: Interconnection Agreement

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Prelicense Survey. After Licensee has submitted its written application for a license, a prelicense survey (including a field inspection) will be performed by either party, in the company of a representative of the other party as mutually agreed, to determine whether BellSouth's poles, anchors and anchor/guy strands, or conduit system, in their present condition, can accommodate Licensee's facilities, without substantially interfering with the ability of BellSouth or any other authorized person or entity to use or access the pole, anchor or anchor/xxx guy xxxxxx or xx any portion of BellSouth's conduit system or facilities attached to BellSouth's pole or placed within or connected to BellSouth's conduit system. If Licensee gives its prior written consent in writing, the determination of duct availability may include the "rodding" of ducts at Licensee's expense. 8.2.1 The purpose of the prelicense survey is to determine whether Licensee's proposed attachments to BellSouth's poles or occupancy of BellSouth's conduit and ducts will substantially interfere with use of BellSouth's facilities by BellSouth and others with facilities occupying, connected or attached to BellSouth's pole or conduit system; and to provide information to Licensee for its determination of whether the pole, anchor, anchor/xxx guy xxxxxx, conduitxxnduit, duct, or right-of-way is suitable for its use. 8.2.2 Based on information provided by BellSouth and the surveyBellSouth, Licensee shall determine whether BellSouth's pole, anchor, anchor/xxx guy xxxxxx, conduit and duct facilities are suitable to meet Licensee's needs. 8.2.3 BellSouth may not unreasonably refuse to continue to process an application based on BellSouth's determination that Licensee's proposed use of BellSouth's ' s facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. Licensee shall be responsible for making its own, independent determination that its use of such facilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. Licensee acknowledges that BellSouth is not explicitly or implicitly warranting to Licensee that Licensee's proposed use of BellSouth's facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.proposed

Appears in 1 contract

Samples: License Agreement (Knology Holdings Inc /Ga)

Prelicense Survey. After Licensee MCIm has submitted its written application for a license, a prelicense survey (including a field inspection) will be performed by either party, in the company of a representative of the other party as mutually agreed, to determine whether BellSouth's poles, anchors and anchor/guy strands, or conduit system, in their present condition, can accommodate LicenseeMCIm's facilities, without substantially interfering with the ability of BellSouth or any other authorized person or entity to use or access the pole, anchor or anchor/xxx xxxxxx or any portion of BellSouth's conduit system or facilities attached to BellSouth's pole or placed within or connected to BellSouth's conduit system. If Licensee MCIm gives its prior written consent in writing, the determination of duct availability may include the "rodding" of ducts at LicenseeMCIm's expense. 8.2.1 1.6.2.1 The purpose of the prelicense survey is to determine whether Licenseespace is available for MCIm's proposed attachments or whether MCIm's proposed attachments to BellSouth's poles or occupancy of BellSouth's conduit and Attachment VI - 25 MCIm - BellSouth Mississippi Interconnection Agreement ducts will substantially interfere with use of BellSouth's facilities by BellSouth and others with facilities occupying, connected or attached to BellSouth's pole or conduit system; and to provide information to Licensee MCIm for its determination of whether the pole, anchor, anchor/xxx xxxxxx, conduit, duct, or right-of-way is suitable for its use. 8.2.2 1.6.2.2 Based on information provided by BellSouth and the surveyBellSouth, Licensee MCIm shall determine whether BellSouth's pole, anchor, anchor/xxx xxxxxx, conduit and duct facilities are suitable to meet LicenseeMCIm's needs. 8.2.3 1.6.2.3 BellSouth may not unreasonably refuse to continue to process an application based on BellSouth's determination that LicenseeMCIm's proposed use of BellSouth's facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. Licensee MCIm shall be responsible for making its own, independent determination that its use of such facilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. Licensee MCIm acknowledges that BellSouth is not explicitly or implicitly warranting to Licensee MCIm that LicenseeMCIm's proposed use of BellSouth's facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.

Appears in 1 contract

Samples: Interconnection Agreement (Itc Deltacom Inc)

Prelicense Survey. After Licensee has submitted its written application Application for a licenseLicense, a prelicense survey Pre- License Survey (including a field inspection) will be performed by either party, in the company of a representative of the other party as mutually agreed, to determine whether BellSouth's polesAT&T’s Poles, anchors Anchors and anchorAnchor/guy strandsGuy Strands, or conduit systemConduit System, in their present condition, can accommodate Licensee's facilities’s Facilities, without wthiout substantially interfering with the ability of BellSouth witthhe abilityof AT&T or any other authorized person or entity to use or access the polePole, anchor Anchor or anchorAnchor/xxx xxxxxx Xxx Xxxxxx or any portion of BellSouth's conduit system AT&T’s Conduit System or facilities Facilities attached to BellSouth's pole AT&T’s Pole or placed within or connected to BellSouth's conduit systemAT&T’s Conduit System. If Pre-License Surveisyto be conducted by AT&T, AT&T will provide Licensee a Cost, based on its review of Licensee’s Application request, to perform the Pre-License Survey. AT&T will submit to Licensee costs to complete the Pre-License Survey; after receipt of Licensee’s payment of Pre-License Survey costAsT, &T will schedule the survey. If Licensee gives its prior written consent in writing, the determination of duct Duct availability may include the "rodding" rodding of ducts Ducts at Licensee's ’s expense. 8.2.1 The purpose of the prelicense survey Pre-License Survey is to determine whether Licensee's ’s proposed attachments to BellSouth's poles AT&T’s Poles or occupancy of BellSouth's conduit AT&T’s Conduit and ducts Ducts will substantially interfere with interferewith use of BellSouth's facilities AT&T’s Facilities by BellSouth AT&T and others with facilities Facilities occupying, connected or attached to BellSouth's pole AT&T’s Pole or conduit system; Conduit System and to determine what Make-ReadyWork is required to accommodate Licensee’s Facilities on AT&T’s Pleos, Joint Use Pole(s), or Conduit, Duct, or Right-of-Way and the cost associated with AT&T performing such Make-ReadyWork and to provide information to Licensee for its determination of whether the polePole, anchorAnchor, anchorAnchor/xxx xxxxxxXxx Xxxxxx, conduitConduit, ductDuct, or rightRight-of-way Way is suitable for its use. 8.2.2 Based on information provided by BellSouth and the surveyAT&T, Licensee shall Licensseheall determine whether BellSouth's poleAT&T’s Pole, anchorAnchor, anchorAnchor/xxx xxxxxxXxx Xxxxxx, conduit Conduit and duct facilities Duct Facilities are suitable to meet Licensee's ’s needs. 8.2.3 BellSouth may AT&Tmay not unreasonably refuse to continue to process an application Application based on BellSouth's AT&T’s determination that Licensee's ’s proposed use of BellSouth's facilities AT&T’s Facilities will not be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws. Licensee shall be responsible for making its own, independent determination that its use of such facilities Facilities will be in compliance with such requirements, specifications, rules, regulations, ordinances and laws. Licensee acknowledges that BellSouth AT&T is not explicitly or implicitly warranting to Licensee that Licensee's ’s proposed use of BellSouth's facilities AT&T’s Facilities will be in compliance with applicable requirements, specifications, rules, regulations, ordinances, and laws.

Appears in 1 contract

Samples: Interconnection Agreement

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