Removal of Facilities Not in Active Use. At SWBT’s request, Applicant shall remove from SWBT’s poles, ducts, conduits, and rights-of-way any of Applicant’s facilities which are no longer in active use; provided, however, that Applicant shall not be required to remove such facilities when due cause and justification exists for allowing them to remain in place. Applicant shall not be required to remove retired or inactive (dead) cables that have been overlashed by other facilities which remain in active use unless removal expenses are paid by the person or entity requesting removal of such facilities. Applicant shall not be required to remove cables that would require excavation to remove unless the person or entity requesting removal of such cables bears the expenses of such excavation in a manner analogous to the provisions of Section 10.02(c) of this Agreement. Applicant shall not abandon any of its facilities by leaving them on SWBT’s poles, in SWBT’s ducts, conduits, or rights-of-way, at any location where they may block or obstruct access to SWBT’s poles or any part of SWBT’s conduit system, or on any public or private property (other than property owned or controlled by Applicant) in the vicinity of SWBT’s poles, ducts, conduits, or rights-of-way.
Removal of Facilities Not in Active Use. At SBC NEVADA’s request, AT&T shall remove from SBC NEVADA’s poles, ducts, conduits, and rights-of-way any of AT&T’s facilities which are no longer in active use; provided, however, that AT&T shall not be required to remove retired or inactive (dead) cables that have been overlashed by other facilities which remain in active use unless removal expenses are paid by the person or entity requesting removal of such facilities. AT&T shall not be required to remove cables that would require excavation to remove unless the person or entity requesting removal of such cables bears the expenses of such excavation in a manner analogous to the provisions of Section 10.02(c) of this Appendix. AT&T shall not abandon any of its facilities by leaving them on SBC NEVADA’s poles, in SBC NEVADA’s ducts, conduits, or rights-of-way, at any location where they may block or obstruct access to SBC NEVADA’s poles or any part of SBC NEVADA’s conduit system, or on any public or private property (other than property owned or controlled by AT&T) in the vicinity of SBC NEVADA’s poles, ducts, conduits, or rights-of-way.
