Reimbursement for the Creation or Use of Additional Capacity. As a result of facilities modification, capacity expansion, or other make-ready work performed to accommodate Applicant’s facilities, additional capacity may become available on SWBT’s poles or in its conduit system. In such event, Applicant shall not have a preferential right to utilize such additional capacity in the future and shall not be entitled to any pole attachment or conduit occupancy fees subsequently paid to SWBT for the use of such additional capacity. SWBT shall, however, establish procedures for giving Applicant notice of the subsequent use by SWBT or third parties of additional space or capacity created at Applicant’s expense. If SWBT utilizes additional space or capacity created at Applicant’s expense, SWBT will reimburse Applicant on a pro-rata basis for SWBT’s share, if any, of Applicant’s capacity expansion costs, to the extent reimbursement is required by the Pole Attachment Act and applicable rules, regulations, and commission orders. If any third party later utilizes any such additional space or capacity, SWBT shall, at the request of Applicant or such third party, provide such information as may be available to SWBT to assist Applicant and such third party in determining the amount, if any, which such third party may owe Applicant as its pro-rata share of Applicant’s capacity expansion costs. Nothing contained in this section shall be construed as conferring or imposing on SWBT any right or duty to determine the amounts owing by a third party to Applicant, to collect or remit any such amounts to Applicant, to resolve or adjudicate disputes over reimbursement between Applicant and third parties, to deny a third party access to SWBT’s poles, ducts, conduits, or rights-of-way due to such third party’s failure to satisfy Applicant’s reimbursement demands, or to take any other action to enforce Xxxxxxxxx’s reimbursement rights against any third party. In like manner, for additional capacity created by SWBT from and after the date of enactment of the Telecommunications Act of 1996, SWBT shall be entitled to recover from Applicant and third parties, to the full extent permitted by law, their pro-rata shares of such capacity expansion costs incurred by SWBT. To the extent that either party seeks to avail itself of this cost-saving mechanism, such party shall be responsible for maintaining adequate records documenting the costs subject to reimbursement, including but not limited to costs incurred for facilities modification and capacity expa...
Reimbursement for the Creation or Use of Additional Capacity. If any additional capacity is created as a result of make-ready work performed to accommodate Attaching Party’s facilities, Attaching Party shall not have a preferential right to utilize such additional capacity in the future and shall not be entitled to any fees subsequently paid to SBC-13STATE for the use of such additional capacity. If SBC-13STATE utilizes additional space or capacity created at Attaching Party’s expense, SBC-13STATE will reimburse Attaching Party on a pro-rata basis for SBC-13STATE’s share, if any, of Attaching Party’s capacity expansion costs, to the extent reimbursement is required by applicable rules, regulations, and commission orders. SBC- 13STATE will notify the Attaching Party if any entity, including SBC-13STATE, attaches facilities to additional capacity on SBC-13STATE’s Structure created at the Attaching Party’s expense. SBC-13STATE shall not be required to collect or remit any such amounts to Attaching Party, to resolve or adjudicate disputes over reimbursement between Attaching Party and Other Users.
Reimbursement for the Creation or Use of Additional Capacity. CLEC acknowledges that if any additional capacity is created as a result of make-ready work performed to accommodate CLEC’s facilities. CLEC shall not have any preferential right to utilize such additional capacity in the future and shall not be entitled to any fees subsequently paid to SBC MISSOURI for the use of such additional capacity. If SBC MISSOURI utilizes additional space or capacity created at CLEC’s expense, SBC MISSOURI reimburse CLEC on a pro-rata basis for SBC MISSOURI’ share, if any, of CLEC’s capacity expansion costs, to the extent reimbursement is required by applicable rules, regulations, and commission orders. SBC MISSOURI will notify the CLEC if any entity, including SBC MISSOURI, attaches facilities to additional capacity on SBC MISSOURI Structure created at CLEC’s expense. SBC MISSOURI shall not be required to collect or remit any such amounts to CLEC, to resolve or adjudicate disputes over reimbursement between CLEC and Other.
Reimbursement for the Creation or Use of Additional Capacity. CLEC acknowledges that as a result of make-ready work performed to accommodate CLEC’s facilities, additional capacity may become available on AT&T’s poles or in its conduit system. In such event, CLEC shall not have any preferential right to utilize such additional capacity in the future and shall not be entitled to any monies which may subsequently be paid to AT&T for the use of such additional capacity by any joint user; provided, however, AT&T must establish a methodology whereby CLEC is reimbursed on a pro-rata basis for any portion of the capacity later used by AT&T or another telecommunications provider, including, but not limited to, telecommunications carriers and cable television systems.
Reimbursement for the Creation or Use of Additional Capacity. If any additional capacity is created as a result of Make- Ready Work performed to accommodate Attaching Party’s facilities, Attaching Party shall not have a preferential right to utilize such additional capacity in the future and shall not be entitled to any fees subsequently paid to AT&T for the use of such additional capacity. If AT&T utilizes additional space or capacity created at Attaching Party’s expense, AT&T will reimburse Attaching Party on a pro-rata basis for AT&T’s share, if any, of Attaching Party’s capacity expansion at the depreciated value of the Structure that was modified, to the extent reimbursement is required by applicable rules, regulations, and commission orders. In order to potentially qualify for such reimbursement, Attaching Party must provide records detailing the costs of the additional capacity, calculated in a way that is reasonable in light of the full costs of the Make-Ready Work. AT&T shall not be required to collect or remit any such amounts to Attaching Party to resolve or adjudicate disputes over reimbursement between Attaching Party and Other Users.
Reimbursement for the Creation or Use of Additional Capacity. If any additional capacity is created as a result of make-ready work performed to accommodate Attaching Party’s facilities, Attaching Party shall not have a preferential right to utilize such additional capacity in the future and shall not be entitled to any fees subsequently paid to AT&T-13STATE for the use of such additional capacity. If AT&T-13STATE utilizes additional space or capacity created at Attaching Party’s expense, AT&T-13STATE will reimburse Attaching Party on a pro-rata basis for AT&T-13STATE’s share, if any, of Attaching Party’s capacity expansion costs, to the extent reimbursement is required by applicable rules, regulations, and commission orders. AT&T-13STATE will notify the Attaching Party if any entity, including AT&T-13STATE, attaches facilities to additional capacity on AT&T-13STATE’s Structure created at the Attaching Party’s expense. AT&T-13STATE shall not be required to collect or remit any such amounts to Attaching Party, to resolve or adjudicate disputes over reimbursement between Attaching Party and Other Users.
