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Appendix Poles, Conduits, and Rights-of-Way/SOUTHWESTERN BELL TELEPHONE, L.P.
Page 23 of 49
SBC TEXAS/CLEC JOINT PETITIONERS
082505
without first reviewing SBC TEXAS’ records and determining that the records reflect that the space
sought is available.
(b) CLEC shall not occupy space which has not been assigned or provisionally assigned to CLEC.
The assignment must be recorded on the appropriate SBC TEXAS records, as provided in Section
8.02, prior to CLEC’s occupancy. If CLEC subsequently determines that the records are
inaccurate and that the space assigned to CLEC is not available, or that the space assigned is not
suitable for CLEC’s intended use, CLEC shall, within one business day, notify SBC TEXAS in
writing that it no longer intends to occupy the space earlier assigned and is releasing the
assignment. Except as otherwise provided in this subsection, CLEC shall not occupy other space
on the pole or in the duct or conduit without first obtaining an assignment or provisional
assignment of the space which CLEC will occupy. To avoid high or unusual expenditures resulting
from unanticipated conditions at the site, CLEC may occupy space not assigned to CLEC subject
to the following terms and conditions.
(1) CLEC may occupy the next available space shown on SBC TEXAS’ records as available
at the time of CLEC’s last review of the records. CLEC shall not knowingly occupy space
occupied by or assigned to SBC TEXAS or any third party without consent of the party to
whom the space has been assigned.
(2) Within one business day after occupying such space, CLEC shall submit to SBC TEXAS
a written notice of intent to occupy or an application for the space occupied showing the
reason for CLEC’s use of the space occupied.
(3) CLEC shall bear the risk that space occupied by CLEC pursuant to this section was
assigned to SBC TEXAS or a third party during the period between CLEC’s last review of
the records and CLEC’s occupancy of such space. After occupying space not previously
assigned to CLEC, CLEC shall review the records and promptly notify the affected party if
CLEC determines that it has occupied space assigned to such party. At the request of
the party to whom such space has been assigned, CLEC shall, within 24 hours, or within
such other period of time mutually agreed to by the parties affected, remove its facilities
from the space in question if the parties affected cannot reach an acceptable alternative
solution. SBC TEXAS and CLEC anticipate that all parties affected will act in good faith
to work out acceptable solutions and that the parties affected will not insist on strict
adherence to the 24-hour removal requirement unless there is a legitimate business need
for compelling removal within such time period.
(4) SBC TEXAS shall be entitled to recover from CLEC actual costs, if any, directly incurred
by SBC TEXAS as a result of CLEC’s decision under this subsection to occupy space
subject to a valid prior assignment to SBC TEXAS. CLEC shall indemnify, on request
defend, and save SBC TEXAS harmless from any injury, loss, damage, liability, or claim
asserted against SBC TEXAS by any third party resulting from CLEC’s decision under
this subsection to occupy space assigned to such third party.
(c) Nothing in this section authorizes CLEC to place its facilities on or in any pole, duct, or conduit
space already occupied by the facilities of SBC TEXAS or a third party, even if the presence of
such facilities is not reflected on SBC TEXAS’ records.