Common use of Access to Rights-of-Way Generally Clause in Contracts

Access to Rights-of-Way Generally. At locations where AT&T has access to third-party property pursuant to non-exclusive rights-of-way, AT&T shall not interfere with Attaching Party’s negotiations with third-party property owners for similar access; nor with Attaching Party’s access to such property pursuant to easements or other rights-of-ways obtained by Attaching Party from the property owner. At locations where AT&T has obtained exclusive rights-of-way from third-party property owners or otherwise controls the rights-of-way, AT&T shall, to the extent space is available, and subject to reasonable safety, reliability, and engineering conditions, provide access to Attaching Party on a nondiscriminatory basis, provided that the underlying agreement with the property owner permits AT&T to provide such access, and provided further that if AT&T has available space that it shares with Attaching Party in AT&T non-aerial rights-of-way or easements (e.g., for cabinets placed on or under ground), which have not been accounted for in rates determined in accordance with the Pole Attachment Act (i.e., aerial, linear rights-of-way for pole lines are so accounted for), AT&T shall include Attaching Party’s pro rata portion of the charges, if any, paid by AT&T to obtain such non-aerial rights-of-way or easements, plus any other reasonable documented legal, administrative, and engineering costs incurred by AT&T in obtaining such rights-of-way or easements and processing Attaching Party’s requests for such access.