Rearrangement of CLEC’s Facilities at SBC MISSOURI’s Request. CLEC acknowledges that, from time to time, it may be necessary or desirable for SBC MISSOURI to rearrange facilities on or within its poles or conduit systems, change out poles, add poles to a pole line, relocate or reconstruct poles, pole lines, conduit segments, or conduit runs, enlarge manholes, reinforce conduit, or otherwise modify poles, pole lines, or portions of its conduit system and that such changes may be necessitated by SBC MISSOURI’s own business needs or by factors outside of SBC MISSOURI’s control, such as the decision by a municipality to widen streets or the decision by another person or entity to seek access to SBC MISSOURI’s poles, ducts, conduits, or rights-of-way.
(a) CLEC agrees that CLEC will cooperate with SBC MISSOURI and joint users in making such rearrangements as may be necessary to enable such changes to be made and that costs incurred by CLEC in making such rearrangements shall, in the absence of a specific agreement to the contrary, be borne by the parties in accordance with then-applicable statutes, rules, regulations, and commission orders, including the Pole Attachment Act and rules, regulations and commission orders thereunder.
(b) CLEC shall make all rearrangements of its facilities within 60 days after receiving written notification by SBC MISSOURI of the required rearrangements. SBC MISSOURI may request that such modification be made within a shorter period of time, in which event CLEC shall not refuse to comply such request without due cause and justification. In determining due cause and justification, the following factors, among others, may be considered:
(1) the circumstances under which the rearrangements are sought (e.g., street-widening project, request by a competing provider for access);
(2) the timeliness of SBC MISSOURI’s request to CLEC;
(3) the nature and number of rearrangements sought;
(4) the impact on the ability of the parties and joint users to meet customer service needs; and
(5) risks of service interruption to customers of the parties and joint users.
(c) Nothing contained in this article shall preclude CLEC from advising SBC MISSOURI, within 60 days from the date of the notice, of its desire to add to or modify its existing attachments.
