Unauthorized Attachments. Upon request of the Company, Permittee shall provide written evidence of Attachment authorization for any Company Facilities on or in which the Permittee has installed an Attachment. If Permittee cannot provide such evidence of Attachment authorization, Permittee shall pay to the Company a penalty of Five Hundred Dollars ($500.00) or as may be allowed under any applicable regulations in effect at that time, for each unauthorized Attachment made after October 22, 1998, unless the Company determines in its sole and absolute discretion that any such unauthorized Attachments were made accidentally by Permittee in good faith. The amount of the penalty authorized in this Agreement shall be subject to such additional penalties as may be authorized under any applicable regulations in effect at the time of the installation. Any unauthorized attachments made prior to October 22, 1998 shall be subject to such penalties authorized under any applicable regulations and/or agreements in effect at the time of the installation. However, in no event will Permittee be relieved from the obligation of paying Attachment fees to the Company from the date of Permittee’s original attachment. The unauthorized Attachment(s) shall then be subject to all the terms of this Agreement. If payment is not received within thirty (30) days of invoice date, the Company may invoke rights under Article X, Termination, and remove Permittee’s Attachments from the Company Facilities. All attachments on service/clearance poles that the Permittee has not obtained written authorization in accordance with Section 3.2 of this Agreement shall be treated as an unauthorized attachment. All new facilities, rebuild of existing facilities or overlash to existing cables on the Company Facilities that the Permittee has not obtained written authorization in accordance with Section 3.1.b of this Agreement shall be treated as an unauthorized attachment.
Unauthorized Attachments. Before an individual or firm attaches any equipment or material to any Cooperative property (including poles, guy wires, equipment, or structures), the individual or firm must receive written permission from the Cooperative. Any unauthorized attachment is subject to removal at any time without notice and the Cooperative may recover the costs associated with such removal. Related Tariff Rule(s) Description Charge
Unauthorized Attachments. Licensee shall not make Attachments to Pole Owner’s Poles without obtaining the Pole Owner’s written permission as provided for in this Agreement. Pole Owner may charge License the amounts contained in the Fee Schedule attached hereto as Exhibit upon the discovery of unauthorized Attachments belonging to Licensee. The imposition of such charges shall be without prejudice to Pole Owner’s right to utilize additional other remedies, including, but not limited, to the remedies available for default under Article VI of this Agreement and any remedies available under Commission rules.
Unauthorized Attachments. If any of CLEC’s communications facilities shall be found attached to Ameritech’s poles or in Ameritech’s ducts or conduits for which no Occupancy Permit was issued, Ameritech will provide notice to CLEC in writing and CLEC must correct such noncompliance within ninety (90) days of receipt of such notice.
Unauthorized Attachments. Licensee shall not make Attachments to Pole Owner’s poles without obtaining the Pole Owner’s written permission as provided for in this Agreement. Pole Owner may charge License back rent from the date of the actual attachment or, if unable to provide evidence of such actual date, 5 years or the date of the most recent audit, whichever is sooner, plus the unauthorized attachment fee contained in the Fee Schedule attached hereto as Exhibit A upon the discovery of unauthorized Attachments belonging to Licensee. The imposition of such charges shall be without prejudice to Pole Owner’s right to utilize additional other remedies, including, but not limited, to the remedies available for default under Article VI of this Agreement and any remedies available under Commission rules.
Unauthorized Attachments. 10.1 If any of Licensee’s Attachments are not licensed under this Agreement, Verizon may recover fees as specified in subsections 10.3 and 10.4, without prejudice to its other rights and remedies under this Agreement, and require Licensee to submit an Application covering the unauthorized Attachments within thirty (30) Days after receipt of written notification from Verizon.
10.2 For purposes of this Article 10, an Unauthorized Attachment may include, but is not limited to: an Attachment that is not identified in an approved License issued in accordance with this Agreement; an Attachment that occupies more space than authorized under the applicable License;
Unauthorized Attachments. Licensee shall not make Attachments to CenturyLink’s poles without obtaining CenturyLink’s written permission as provided for in this Agreement. CenturyLink may charge License back rent from the date of the actual attachment or, if unable to provide evidence of such actual date, 5 years or the date of the most recent audit, whichever is sooner, plus the unauthorized attachment fee contained in the Fee Schedule attached hereto as Exhibit A upon the discovery of Unauthorized Attachments belonging to Licensee. The imposition of such charges shall be without prejudice to CenturyLink’s right to utilize additional other remedies, including, but not limited, to the remedies available for default under Article VI of this Agreement and any remedies available under Commission rules.
Unauthorized Attachments. Licensee shall not make Attachments to Rocky Mountain Power’s Poles without obtaining Rocky Mountain Power’s written permission as provided for in this Agreement. Rocky Mountain Power may charge Licensee an unauthorized attachment fee as shown on Exhibit B, upon the discovery of unauthorized Attachments belonging to Licensee. Back rent shall be charged for the lesser of 5 years or the period of unauthorized attachment. The imposition of such charges shall be without prejudice to Rocky Mountain Power’s right to utilize additional other remedies, including, but not limited to, the remedies available for default under Article VII of this Agreement and any remedies available under Commission rules. Licensee may avoid unauthorized attachment fees, except back rent, if it self-discloses unpermitted attachments and provides an Application for said attachment permits prior to Rocky Mountain Power’s discovery.
Unauthorized Attachments. 8.2.1 Upon request of Company, Permittee shall provide written evidence of Attachment authorization from the Company for any Company Space in which Permittee has an Attachment. If Permittee cannot provide such written evidence of Attachment authorization, Permittee shall pay to the Company Five Hundred Dollars ($500.00) per block (or portion of a block) per cable for each unauthorized Attachment as an unauthorized attachment fee. The unauthorized Attachment shall then be subject to all the terms of this Agreement. If payment is not received within thirty (30) days of invoice date, the Company may invoke rights under Article 11 “Breach and Termination,” and remove Permittee’s Attachments from the Company Space.
8.2.2 Notwithstanding Section 8.2.1 above, any unauthorized attachment or unauthorized entry in Company Space or Company ROW is a material and substantial breach of Permittee’s obligations under this Agreement and may justify Company’s termination of this Agreement.
Unauthorized Attachments. For all states that have not established their own unauthorized attachment fees, the following shall apply:
18.2.1 Upon AT&T’s discovery of unauthorized attachments in an Inventory Survey or Attaching Party’s self-report of unauthorized attachments and written notice of said unauthorized attachments (including location), Attaching Party shall pay AT&T the back-rent, including interest, that would have been due for these attachments, up to five (5) times the annual rent per attachment for each unauthorized attachment.
18.2.2 If Attaching Party declines to participate in an Inventory Survey (i.e., providing the locations of its existing attachments), and AT&T discovers an unauthorized attachment by Attaching Party, AT&T will also be entitled to invoice Attaching Party a sanction of one hundred dollars ($100) for each such unauthorized attachment that is discovered.
18.2.3 Attaching Party can avoid the sanction referenced in Section 18.2.2 by submitting an Application within sixty (60) days of receiving written notice from AT&T and correcting any safety violations within one hundred eighty (180) days.
