Untitled - AT&T Clec Online

Appendix Poles, Conduits, and Rights-of-Way/SOUTHWESTERN BELL TELEPHONE, L.P.
Page 21 of 49
SBC TEXAS/CLEC JOINT PETITIONERS
082505
(b) CLEC shall not enter any SBC TEXAS manhole for the purpose of performing a pre-occupancy
inspection without complying will all applicable requirements set forth in Article 6 of this Appendix,
including but not limited to the provisions of Section 6.11 relating to the opening of manholes.
ARTICLE 8: POLE, DUCT, AND CONDUIT SPACE ASSIGNMENTS
8.01 Selection of Space. SBC TEXAS will select or approve CLEC’s selection of the location for all attachments
on poles, in ducts and conduit, and in rights-of-way. The selection or approval will be based on safety,
reliability or general engineering principles using the same criteria SBC TEXAS applies to itself. In conduit
systems owned or controlled by SBC TEXAS, maintenance ducts (as defined in Section 3.24) shall not be
considered available for CLEC’s use except as specifically provided elsewhere in this Appendix. All other
ducts, inner ducts, sub-ducts, and partitioned conduits which are not assigned or occupied shall be deemed
available for use by SBC TEXAS, CLEC, and third parties entitled to access under the Pole Attachment Act.
8.02 Pole, Duct, and Conduit Space Assignments. Pole, duct, and conduit space will be assigned to CLEC as
provided in this section. Information received by SBC TEXAS in connection with this section shall be
subject to the provisions of Article 27 of this Appendix (Confidentiality of Information).
(a) On receipt of CLEC’s application for a pole attachment or conduit occupancy license the
associated pole, duct, and conduit space shall be assigned to CLEC for a pre-occupancy period
not to exceed 12 months, beginning with the date of such assignment. The assignment (and date
and time) of assignment shall be logged and recorded in the appropriate SBC TEXAS records.
(b) CLEC’s obligation to pay semi-annual pole attachment or conduit occupancy fees shall commence
from the date the assignment is logged and recorded in the appropriate SBC TEXAS records.
(c) During the 12-month assignment period following the date space is assigned to CLEC and entered
into the appropriate SBC TEXAS record, SBC TEXAS shall not occupy or use such space without
CLEC’s permission, shall not assign such space to any party other than CLEC, and shall not
knowingly permit any party other than CLEC to occupy or use such space without CLEC’s
permission except as otherwise specifically provided in this Appendix. The assignment to CLEC
shall automatically lapse 12 months after the date the assignment has been entered into the
appropriate SBC TEXAS record if CLEC has not occupied such assigned space within such 12month
period; provided, however, that if CLEC’s failure to occupy the space within such 12-month
period results from SBC TEXAS’ failure to perform make-ready work on schedule, the parties shall
negotiate a single extension of the assignment period, which extension shall not extend the
assignment period beyond three months from the date of completion of SBC TEXAS’ make-ready
work; and, provided further, that if CLEC can demonstrate that its failure to occupy the space
within such 12-month period results from the actions of SBC TEXAS or third parties other than
persons acting on CLEC’s behalf, or from acts of God, the assignment may be extended for a
period no longer than three months from the date CLEC is first able to commence construction
activities at the site involved. Assignments to third parties shall be subject to the same rules
applicable to CLEC under this subsection. Extensions permitted under this subsection must be
requested in writing before expiration of the original 12-month period and shall be recorded on the
appropriate SBC TEXAS records available for inspection under Section 7.03.