Structure Availability Clause Samples
The Structure Availability clause defines the obligations and standards regarding the operational readiness and accessibility of a physical structure, such as a building or facility, for its intended use. Typically, this clause outlines the required timeframes for when the structure must be available, any conditions or limitations on its use, and the responsibilities of the parties if the structure becomes unavailable due to maintenance, repairs, or unforeseen events. Its core practical function is to ensure that the party relying on the structure can plan and operate with confidence, while also providing a framework for addressing disruptions or downtime.
Structure Availability. 16.1.1 Ameritech shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way along Ameritech’s distribution network that are owned or controlled by Ameritech (individually and collectively, “Structure”) for the placement of Requesting Carrier’s wires, cables and related facilities (individually and collectively, “Attachments”). “Rights-of-way” means (i) a legal interest of Ameritech in property of others, such as an easement or license, suitable for use for communications distribution facilities or (ii) Ameritech’s owned or leased property if such property is used for communications distribution facilities; provided, however, it does not generally include controlled environment vaults, remote equipment buildings, huts or enclosures, cross-connect cabinets, panels and boxes, equipment closets or enclosures in buildings, or any like or similar equipment enclosures or locations, or the ducts or conduit connecting any of the foregoing to manholes or conduit runs between manholes. The availability of Ameritech Structure for Requesting Carrier’s Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.18, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which Ameritech owns and controls Structure or interests therein.
Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLEC's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLEC's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein.
16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLEC. If CBT denies a request by CLEC for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.
Structure Availability. 16.1.1 SBC-AMERITECH shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by SBC-AMERITECH, to which SBC-AMERITECH has access and rights for the placement of CLEC’s telecommunications equipment and related facilities (“Attachments”).
Structure Availability. Each Party shall provide the other Party access to poles, ducts, rights-of-way and conduits it owns or controls on terms conditions and prices comparable to those offered to any other entity pursuant to each Party’s applicable tariffs and/or standard agreements and in accordance with Section 224 of the Act.
Structure Availability. 77 16.2 Franchises, Permits and Consents................................. 77 16.3
Structure Availability. CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLEC's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLEC's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein.
Structure Availability. XVI.1.1 Ameritech shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way along Ameritech’s distribution network that are owned 861229.2 102208 1516C 96252093
Structure Availability. XVI.1.1 Ameritech shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure” owned or controlled by Ameritech for the placement of Focal's wires, cables and related facilities (individually and collectively, “Attachments”). “Poles, ducts and conduits” include entrance facilities and
Structure Availability. Ameritech shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, "STRUCTURE") owned or controlled by Ameritech for the placement of Focal's telecommunications equipment and related facilities ("ATTACHMENTS"). "POLES, DUCTS AND CONDUITS" include entrance facilities and conduit and riser space; controlled environmental vaults, manholes, telephone equipment closets, remote terminals, cross-connect cabinets, panels or boxes, equipment cabinets, pedestals, or terminals, and any other infrastructure used by Ameritech to place telecommunications distribution facilities. "RIGHTS-OF- WAY" are easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of Ameritech Structure for Focal's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with SECTION ------- 16.19, all interests in property granted by persons or entities public or ----- private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which Ameritech owns and controls Structure or interests therein.