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Appendix Poles, Conduits, and Rights-of-Way/SOUTHWESTERN BELL TELEPHONE, L.P.
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SBC TEXAS/CLEC JOINT PETITIONERS
082505
APPENDIX POLES, CONDUITS, AND RIGHTS-OF-WAY
MASTER AGREEMENT FOR ACCESS
TO POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY
This Appendix is made by and between Southwestern Bell Telephone, L.P. d/b/a SBC Texas (“SBC
TEXAS”) and CLEC, (referred to as “CLEC”). As provided in this Appendix, SBC TEXAS will provide CLEC
nondiscriminatory access, in accordance with the Pole Attachment Act, the Telecommunications Act of 1996, and
applicable rules, regulations, and commission orders, to poles, ducts, conduits, and rights-of-way owned or
controlled by SBC TEXAS and located in this state.
CLEC, having an office at _________________________________, and SBC TEXAS, a Texas Limited
Partnership, having an office at 1010 Pine Street, St. Louis, Missouri 63101, (collectively the Parties).
ARTICLE 1: PARTIES
1.01 Southwestern Bell Telephone, L.P. d/b/a SBC Texas. Southwestern Bell Telephone, L.P. d/b/a SBC Texas
(“SBC TEXAS”) is a Texas Limited Partnership. SBC TEXAS’ principal office is located at 1010 Pine Street,
St. Louis, Missouri 63101.
1.02 CLEC. (“CLEC”) is a corporation chartered in the State of________. CLEC maintains an office at
________________. CLEC is more fully described in EXHIBIT II (“Identification of CLEC”).
ARTICLE 2: PURPOSE OF APPENDIX
The Communications Act of 1934, as amended by the Telecommunications Act of 1996, states that each
local exchange carrier has the duty to afford access to the poles, ducts, conduits, and rights-of-way of such carrier
on rates, terms, and conditions that are consistent with the Pole Attachment Act, 47 U.S.C. § 224, as amended by
the Telecommunications Act of 1996. The primary purpose of this Appendix is to set forth the basic rates, terms,
conditions, and procedures under which CLEC shall have access to SBC TEXAS’ poles, ducts, conduits, and rightsof-way.
SBC TEXAS shall provide CLEC with nondiscriminatory access to poles, ducts, conduits, or rights-of-way
owned solely or in part by it, or controlled by it, as the term “nondiscriminatory access” is defined in the
Telecommunications Act of 1996. This Appendix is intended by the parties to implement, rather than abridge, their
respective rights and remedies under federal and state law.
2.01 Access Ancillary to Arrangements for Interconnection, Collocation, and Access to Unbundled Network
Elements. Nothing contained in this Appendix shall be construed as precluding CLEC from having such
additional access to SBC TEXAS’ poles, ducts, conduits, and rights-of-way as may be necessary to
effectuate the terms of other arrangements between CLEC and SBC TEXAS relating to interconnection,
collocation, and access to unbundled network elements. To the extent that this Appendix does not provide
the access required, additional terms of access may be included in any tariff or agreement between the
parties establishing arrangements for interconnection, collocation, or access to unbundled network
elements.