Common use of Removal of Untagged or Unauthorized Facilities Clause in Contracts

Removal of Untagged or Unauthorized Facilities. Subject to the provisions of subsections (a)-(c) of this section, SBC MISSOURI may, without notice to any person or entity, remove from SBC MISSOURI’S poles or any part of SBC MISSOURI’S conduit system any untagged or unmarked facilities, including any such facilities owned or used by CLEC, if SBC MISSOURI determines that such facilities are not the subject of any current license authorizing their continued attachment to SBC MISSOURI’S poles or occupancy of SBC MISSOURI’S conduit system and are not otherwise lawfully present on SBC MISSOURI’S poles or in SBC MISSOURI’S conduit system. (a) Before removing any such untagged or unmarked facilities, SBC MISSOURI shall first attempt to determine whether the facilities are being used by CLEC or any other firm, are authorized by any license subject to this Appendix, or are otherwise lawfully present on SBC MISSOURI’S poles or in SBC MISSOURI’S conduit system. (b) SBC MISSOURI shall not remove untagged or unmarked facilities which are thought to be operational without first making reasonable efforts to (1) determine the identity of the owner or other person or entity thought to be responsible for the facilities and (2) give advance written notice to such person or entity. (c) If the facilities appear to be facilities which are subject to a current license granted to CLEC under this Appendix, or if the facilities are otherwise lawfully present on SBC MISSOURI’S poles or in SBC MISSOURI’S conduit system, SBC MISSOURI shall give written notice to CLEC requesting CLEC to tag or mark the facilities within 60 days and CLEC shall either tag the facilities within 60- day period, advise SBC MISSOURI in writing of its schedule for tagging the facilities, or notify SBC MISSOURI in writing that it disclaims ownership of or responsibility for the facilities. If CLEC disclaims ownership of or responsibility for the facilities, CLEC shall disclose to SBC MISSOURI the identity of the owner or other party thought by CLEC to be responsible for the facilities. (d) If any of CLEC’s facilities for which no license is presently in effect are found attached to SBC MISSOURI’S poles or within any part of SBC MISSOURI’S conduit system or rights-of-way, SBC MISSOURI shall send a written notice to CLEC advising CLEC that no license is presently in effect with respect to the facilities. Within 30 days of receiving such notice, CLEC shall acknowledge receipt of the notice and submit to SBC MISSOURI, in writing, an application for a new or amended license with respect to such facilities. CLEC shall be liable to SBC MISSOURI for all fees and charges associated with the unauthorized attachments. Such fees and charges shall continue to accrue until the unauthorized attachments are removed from SBC MISSOURI poles, conduits or rights-of-way or until a new or amended occupancy permit is issued and shall include, but not be limited to, all fees and charges which would have been due and payable if CLEC and its predecessors had continuously complied with all applicable SBC MISSOURI licensing requirements. In addition, CLEC shall be liable for an unauthorized attachment fee in the amount of 5 times the annual attachment and occupancy fees in effect on the date CLEC is notified by SBC MISSOURI of the unauthorized attachment or occupancy. CLEC shall also rearrange or remove its unauthorized facilities at SBC MISSOURI’S request to comply with applicable placement standards and shall remove its facilities from any space occupied by or assigned to SBC MISSOURI or another entity within 30 days of receiving notice to do so. CLEC shall pay SBC MISSOURI for all costs incurred by SBC MISSOURI in connection with any rearrangements, modifications or replacements necessitated as a result of the presence of CLEC’s unauthorized facilities. All fees and charges associated with the unauthorized attachments shall be due and payable 30 days after the date of the bill or invoice stating such fees and charges. If CLEC does not obtain a new or amended license with respect to unauthorized facilities within the specified period of time, SBC MISSOURI shall by written notice advise CLEC to remove its unauthorized facilities within 60 days from the date of notice and CLEC shall remove the facilities within the time specified in the notice. If the facilities have not been removed within the time specified in the notice, SBC MISSOURI may, at SBC MISSOURI’S option, remove CLEC’s facilities at CLEC’s expense.

Removal of Untagged or Unauthorized Facilities. Subject to the provisions of subsections (a)-(c) of this section, SBC MISSOURI may, without notice to any person or entity, remove from SBC MISSOURI’S ’s poles or any part of SBC MISSOURI’S ’s conduit system any untagged or unmarked facilities, including any such facilities owned or used by CLEC, if SBC MISSOURI determines that such facilities are not the subject of any current license authorizing their continued attachment to SBC MISSOURI’S ’s poles or occupancy of SBC MISSOURI’S ’s conduit system and are not otherwise lawfully present on SBC MISSOURI’S ’s poles or in SBC MISSOURI’S ’s conduit system. (a) Before removing any such untagged or unmarked facilities, SBC MISSOURI shall first attempt to determine whether the facilities are being used by CLEC or any other firm, are authorized by any license subject to this Appendix, or are otherwise lawfully present on SBC MISSOURI’S ’s poles or in SBC MISSOURI’S ’s conduit system. (b) SBC MISSOURI shall not remove untagged or unmarked facilities which are thought to be operational without first making reasonable efforts to (1) determine the identity of the owner or other person or entity thought to be responsible for the facilities and (2) give advance written notice to such person or entity. (c) If the facilities appear to be facilities which are subject to a current license granted to CLEC under this Appendix, or if the facilities are otherwise lawfully present on SBC MISSOURI’S ’s poles or in SBC MISSOURI’S ’s conduit system, SBC MISSOURI shall give written notice to CLEC requesting CLEC to tag or mark xxxx the facilities within 60 days and CLEC shall either tag the facilities within 60- 60-day period, advise SBC MISSOURI in writing of its schedule for tagging the facilities, or notify SBC MISSOURI in writing that it disclaims ownership of or responsibility for the facilities. If CLEC disclaims ownership of or responsibility for the facilities, CLEC shall disclose to SBC MISSOURI the identity of the owner or other party thought by CLEC to be responsible for the facilities. (d) If any of CLEC’s facilities for which no license is presently in effect are found attached to SBC MISSOURI’S KANSAS’ poles or within any part of SBC MISSOURI’S KANSAS’ conduit system or rights-of-way, SBC MISSOURI KANSAS shall send a written notice to CLEC advising CLEC that no license is presently in effect with respect to the facilities. Within 30 days of receiving such notice, CLEC shall acknowledge receipt of the notice and submit to SBC MISSOURIKANSAS, in writing, an application for a new or amended license with respect to such facilities. CLEC shall be liable to SBC MISSOURI KANSAS for all fees and charges associated with the unauthorized attachments. Such fees and charges shall continue to accrue until the unauthorized attachments are removed from SBC MISSOURI KANSAS’ poles, conduits or rights-of-way or until a new or amended occupancy permit is issued and shall include, but not be limited to, all fees and charges which would have been due and payable if CLEC and its predecessors had continuously complied with all applicable SBC MISSOURI KANSAS licensing requirements. In addition, CLEC shall be liable for an unauthorized attachment fee in the amount of 5 times the annual attachment and occupancy fees in effect on the date CLEC is notified by SBC MISSOURI KANSAS of the unauthorized attachment or occupancy. CLEC shall also rearrange or remove its unauthorized facilities at SBC MISSOURI’S KANSAS’ request to comply with applicable placement standards and shall remove its facilities from any space occupied by or assigned to SBC MISSOURI KANSAS or another entity within 30 days of receiving notice to do so. CLEC shall pay SBC MISSOURI KANSAS for all costs incurred by SBC MISSOURI KANSAS in connection with any rearrangements, modifications or replacements necessitated as a result of the presence of CLEC’s unauthorized facilities. All fees and charges associated with the unauthorized attachments shall be due and payable 30 days after the date of the bill xxxx or invoice stating such fees and charges. If CLEC does not obtain a new or amended license with respect to unauthorized facilities within the specified period of time, SBC MISSOURI KANSAS shall by written notice advise CLEC to remove its unauthorized facilities within 60 days from the date of notice and CLEC shall remove the facilities within the time specified in the notice. If the facilities have not been removed within the time specified in the notice, SBC MISSOURI KANSAS may, at SBC MISSOURI’S KANSAS’ option, remove CLEC’s facilities at CLEC’s expense.

Removal of Untagged or Unauthorized Facilities. Subject to the provisions of subsections (a)-(c) of this section, SBC MISSOURI may, without notice to any person or entity, remove from SBC MISSOURI’S ’s poles or any part of SBC MISSOURI’S ’s conduit system any untagged or unmarked facilities, including any such facilities owned or used by CLECAT&T, if SBC MISSOURI determines that such facilities are not the subject of any current license authorizing their continued attachment to SBC MISSOURI’S ’s poles or occupancy of SBC MISSOURI’S ’s conduit system and are not otherwise lawfully present on SBC MISSOURI’S ’s poles or in SBC MISSOURI’S ’s conduit system. (a) Before removing any such untagged or unmarked facilities, SBC MISSOURI shall first attempt to determine whether the facilities are being used by CLEC AT&T or any other firm, are authorized by any license subject to this Appendix, or are otherwise lawfully present on SBC MISSOURI’S ’s poles or in SBC MISSOURI’S ’s conduit system. (b) SBC MISSOURI shall not remove untagged or unmarked facilities which are thought to be operational without first making reasonable efforts to (1) determine the identity of the owner or other person or entity thought to be responsible for the facilities and (2) give advance written notice to such person or entity. (c) If the facilities appear to be facilities which are subject to a current license granted to CLEC AT&T under this Appendix, or if the facilities are otherwise lawfully present on SBC MISSOURI’S ’s poles or in SBC MISSOURI’S ’s conduit system, SBC MISSOURI shall give written notice to CLEC AT&T requesting CLEC AT&T to tag or mark xxxx the facilities within 60 days and CLEC AT&T shall either tag the facilities within 60- 60-day period, advise SBC MISSOURI in writing of its schedule for tagging the facilities, or notify SBC MISSOURI in writing that it disclaims ownership of or responsibility for the facilities. If CLEC AT&T disclaims ownership of or responsibility for the facilities, CLEC AT&T shall disclose to SBC MISSOURI the identity of the owner or other party thought by CLEC AT&T to be responsible for the facilities. (d) If any of CLECAT&T’s facilities for which no license is presently in effect are found attached to SBC MISSOURI’S ’s poles or within any part of SBC MISSOURI’S ’s conduit system or rights-of-way, SBC MISSOURI shall send a written notice to CLEC AT&T advising CLEC AT&T that no license is presently in effect with respect to the facilities. Within 30 days of receiving such notice, CLEC AT&T shall acknowledge receipt of the notice and submit to SBC MISSOURI, in writing, an application for a new or amended license with respect to such facilities. CLEC AT&T shall be liable to SBC MISSOURI for all fees and charges associated with the unauthorized attachments. Such fees and charges shall continue to accrue until the unauthorized attachments are removed from SBC MISSOURI MISSOURI’s poles, conduits or rights-of-way or until a new or amended occupancy permit is issued and shall include, but not be limited to, all fees and charges which would have been due and payable if CLEC AT&T and its predecessors had continuously complied with all applicable SBC MISSOURI licensing requirements. In addition, CLEC AT&T shall be liable for an unauthorized attachment and/or occupancy fee in the amount of 5 five (5) times the annual attachment and and/or occupancy fees in effect on the date CLEC AT&T is notified by SBC MISSOURI of the unauthorized pole attachment or occupancy. CLEC AT&T shall also rearrange or remove its unauthorized facilities at SBC MISSOURI’S ’s request to comply with applicable placement standards and shall remove its facilities from any space occupied by or assigned to SBC MISSOURI or another entity within 30 days of receiving notice to do so. CLEC AT&T shall pay SBC MISSOURI SWBT for all costs incurred by SBC MISSOURI in connection with any rearrangements, modifications or replacements necessitated as a result of the presence of CLECAT&T’s unauthorized facilities. All fees and charges associated with the unauthorized attachments shall be due and payable 30 days after the date of the bill xxxx or invoice stating such fees and charges. If CLEC AT&T does not obtain a new or amended license with respect to unauthorized facilities within the specified period of time, SBC MISSOURI shall by written notice advise CLEC AT&T to remove its unauthorized facilities within 60 days from the date of notice and CLEC AT&T shall remove the facilities within the time specified in the notice. If the facilities have not been removed within the time specified in the notice, SBC MISSOURI may, at SBC MISSOURI’S ’s option, remove CLECAT&T’s facilities at CLECAT&T’s expense.

Removal of Untagged or Unauthorized Facilities. Subject to the provisions of subsections (a)-(c) of this section, SBC MISSOURI NEVADA may, without notice to any person or entity, remove from SBC MISSOURI’S NEVADA’s poles or any part of SBC MISSOURI’S NEVADA’s conduit system any untagged or unmarked facilities, including any such facilities owned or used by CLECAT&T, if SBC MISSOURI NEVADA determines that such facilities are not the subject of any current license permit authorizing their continued attachment to SBC MISSOURI’S NEVADA’s poles or occupancy of SBC MISSOURI’S NEVADA’s conduit system and are not otherwise lawfully present on SBC MISSOURI’S NEVADA’s poles or in SBC MISSOURI’S NEVADA’s conduit system. (a) Before removing any such untagged or unmarked facilities, SBC MISSOURI NEVADA shall first attempt to determine whether the facilities are being used by CLEC AT&T or any other firm, are authorized by any license permit subject to this Appendix, or are otherwise lawfully present on SBC MISSOURI’S NEVADA’s poles or in SBC MISSOURI’S NEVADA’s conduit system. (b) SBC MISSOURI NEVADA shall not remove untagged or unmarked facilities which are thought to be operational without first making reasonable efforts to (1) determine the identity of the owner or other person or entity thought to be responsible for the facilities and (2) give advance written notice to such person or entity. (c) If the facilities appear to be facilities which are subject to a current license permit granted to CLEC AT&T under this Appendix, or if the facilities are otherwise lawfully present on SBC MISSOURI’S NEVADA’s poles or in SBC MISSOURI’S NEVADA’s conduit system, SBC MISSOURI NEVADA shall give written notice to CLEC AT&T requesting CLEC AT&T to tag or mark xxxx the facilities within 60 days and CLEC AT&T shall either tag the facilities within 60- 60-day period, advise SBC MISSOURI in writing of its schedule for tagging the facilities, or notify SBC MISSOURI NEVADA in writing that it disclaims ownership of or responsibility for the facilities. If CLEC AT&T disclaims ownership of or responsibility for the facilities, CLEC AT&T shall disclose to SBC MISSOURI NEVADA the identity of the owner or other party thought by CLEC AT&T to be responsible for the facilities. (d) If any of CLECAT&T’s facilities for which no license permit is presently in effect are found attached to SBC MISSOURI’S NEVADA’s poles or within any part of SBC MISSOURI’S NEVADA’s conduit system or rights-of-way, SBC MISSOURI NEVADA shall send a written notice to CLEC AT&T advising CLEC AT&T that no license permit is presently in effect with respect to the facilities. Within 30 days of receiving such notice, CLEC AT&T shall acknowledge receipt of the notice and submit to SBC MISSOURINEVADA, in writing, an application for a new or amended license permit with respect to such facilities. CLEC AT&T shall be liable to SBC MISSOURI NEVADA for all fees and charges associated with the unauthorized attachments. Such fees and charges shall continue to accrue until the unauthorized attachments are removed from SBC MISSOURI NEVADA’s poles, conduits or rights-of-way or until a new or amended occupancy permit is issued and shall include, but not be limited to, all fees and charges which would have been due and payable if CLEC AT&T and its predecessors had continuously complied with all applicable SBC MISSOURI licensing NEVADA permitting requirements. In addition, CLEC AT&T shall be liable for an unauthorized attachment fee in the amount of 5 times the annual attachment and occupancy fees in effect on the date CLEC AT&T is notified by SBC MISSOURI NEVADA of the unauthorized attachment or occupancy. CLEC AT&T shall also rearrange or remove its unauthorized facilities at SBC MISSOURI’S NEVADA’s request to comply with applicable placement standards and shall remove its facilities from any space occupied by or assigned to SBC MISSOURI NEVADA or another entity within 30 days of receiving notice to do so. CLEC AT&T shall pay SBC MISSOURI SWBT for all costs incurred by SBC MISSOURI NEVADA in connection with any rearrangements, modifications or replacements necessitated as a result of the presence of CLECAT&T’s unauthorized facilities. All fees and charges associated with the unauthorized attachments shall be due and payable 30 days after the date of the bill xxxx or invoice stating such fees and charges. If CLEC AT&T does not obtain a new or amended license permit with respect to unauthorized facilities within the specified period of time, SBC MISSOURI NEVADA shall by written notice advise CLEC AT&T to remove its unauthorized facilities within 60 days from the date of notice and CLEC AT&T shall remove the facilities within the time specified in the notice. If the facilities have not been removed within the time specified in the notice, SBC MISSOURI NEVADA may, at SBC MISSOURI’S NEVADA’s option, remove CLECAT&T’s facilities at CLECAT&T’s expense.