Common use of No Right to Interfere with Facilities of Others Clause in Contracts

No Right to Interfere with Facilities of Others. The provisions of this Attachment 8 or any license issued hereunder shall not be construed as authorizing either party to this Attachment 8 to rearrange or interfere in any way with any of the other party's facilities, with the facilities of other persons or entities, or with the use of or access to such facilities by such other party or such other persons or entities, except to the extent expressly provided by the provisions of this Attachment 8 or any license issued hereunder or by the Telecommunications Act of 1996 or other applicable laws, rules or regulations. 2.8.1 Licensee acknowledges that the facilities of persons or entities other than BellSouth and Licensee may be attached to or occupy BellSouth's poles, conduits, ducts and rights-of-way. 2.8.2 BellSouth shall not attach, or give permission to any third parties to attach facilities to, existing Licensee facilities without Licensee's prior written consent. If BellSouth becomes aware of any such unauthorized attachment to Licensee facilities, BellSouth shall use its best efforts to rectify the situation as soon as practicable. 2.8.3 With respect to facilities occupied by Licensee or the subject of an application for attachment by Licensee, BellSouth will give to Licensee 60 days’ written notice for conduit extensions or reinforcements, 60 days’ written notice for pole line extensions, 60 days’ written notice for pole replacements, and 60 days’ written notice of BellSouth’s intention to construct, reconstruct, expand or place such facilities or of BellSouth’s intention not to maintain or use any existing facility and, in the case of an existing facility which BellSouth elects not to maintain or use, BellSouth will grant to Licensee a right to maintain and use such facility. If an emergency or provisions of an applicable joint use agreement require BellSouth to construct, reconstruct, expand or replace poles, conduits or ducts occupied by Licensee or the subject of an application for attachment by Licensee, BellSouth will notify Licensee as soon as reasonably practicable of such proposed construction, reconstruction, expansion or replacement to enable Licensee, if it so desires, to request that a pole, conduit or duct of greater height or capacity be utilized to accommodate an anticipated facility need of Licensee. 2.8.4 At Licensee’s expense, BellSouth shall remove any retired cable from conduit systems to allow for the efficient use of conduit space within a reasonable period of time.

No Right to Interfere with Facilities of Others. The provisions of this Attachment 8 Agreement or any license License issued hereunder shall not be construed as authorizing either party to this Attachment 8 Agreement to rearrange or interfere in any way with any of the other party's facilities’s Facilities, with the facilities Facilities of other persons or entities, or with the use of or access to such facilities Facilities by such other party or such other persons or entities, except to the extent expressly provided by the provisions of this Attachment 8 Agreement or any license License issued hereunder or by the Telecommunications Act of 1996 or other applicable laws, rules or regulations. 2.8.1 Licensee acknowledges that the facilities Facilities of persons or entities other than BellSouth AT&T and Licensee may be attached to or occupy BellSouth's polesAT&T’s Poles, conduitsConduits, ducts Ducts and rights-of-wayRights of Way. 2.8.2 BellSouth AT&T shall not attach, or give permission to any third parties to attach facilities Facilities to, existing Licensee facilities Facilities without Licensee's ’s prior written consent. If BellSouth AT&T becomes aware of any such unauthorized attachment to Licensee facilitiesFacilities, BellSouth AT&T shall use its best efforts to rectify the situation as soon as practicable. 2.8.3 With respect to facilities Facilities occupied by Licensee or the subject of an application Application for attachment by Licensee, BellSouth AT&T will give to Licensee 60 days’ written notice for conduit Conduit extensions or reinforcements, 60 days’ written notice for pole Pole line extensions, 60 days’ written notice for pole Pole replacements, and 60 days’ written notice of BellSouthAT&T’s intention to construct, reconstruct, expand or place such facilities Facilities or of BellSouthAT&T’s intention not to maintain or use any existing facility andFacility. Where AT&T elects to abandon or remove AT&T Facilities, in the case of an Facilities will be offered to existing facility which BellSouth elects not to maintain or useoccupants on a first-in, BellSouth will grant to Licensee a first-right to maintain and use basis. The party first electing to exercise this option will be required to execute the appropriate agreement with AT&T to transfer (purchase agreement) ownership from AT&T to new party, subject to then-existing licenses pertaining to such facilityFacilities. If no party elects to maintain such Facilities, all parties will be required to remove their existing Facilities within ninety (90) days of written notice from AT&T. If an emergency or provisions of an applicable joint use agreement require BellSouth AT&T to construct, reconstruct, expand or replace polesPoles, conduits Conduits or ducts Ducts occupied by Licensee or the subject of an application Application for attachment by Licensee, BellSouth AT&T will notify Licensee as soon as reasonably practicable of such proposed construction, reconstruction, expansion or replacement to enable Licensee, if it so desires, to request that a polePole, conduit Conduit or duct Duct of greater height or capacity be utilized to accommodate an anticipated facility Facility need of Licensee. 2.8.4 At Upon request and at Licensee’s expense, BellSouth AT&T shall remove any retired cable from conduit systems Conduit Systems to allow for the efficient use of conduit Conduit space within a reasonable period of time. AT&T retains salvage rights on any cable removed. It order to safeguard its structures and Facilities, AT&T reserves the right to remove retired cables and is under no obligation to allow Licensee the right to remove such cables. Based on sound engineering judgment, there may be situations where it would neither be feasible nor practical to remove retired cables.

No Right to Interfere with Facilities of Others. The provisions of this Attachment 8 Agreement or any license issued hereunder shall not be construed as authorizing either party to this Attachment 8 Agreement to rearrange or interfere in any way with any of the other party's facilities, with the facilities of other persons or entities, or with the use of or access to such facilities by such other party or such other persons or entities, except to the extent expressly provided by the provisions of this Attachment 8 Agreement or any license issued hereunder or by the Telecommunications Act of 1996 or other applicable laws, rules or regulations. 2.8.1 Licensee acknowledges that the facilities of persons or entities other than BellSouth and Licensee may be attached to or occupy BellSouth's poles, conduits, ducts and rights-of-way. 2.8.2 BellSouth shall not attach, or give permission to any third parties to attach facilities to, existing Licensee facilities without Licensee's prior written consent. If BellSouth becomes aware of any such unauthorized attachment to Licensee facilities, BellSouth shall use its best efforts to rectify the situation as soon as practicable. 2.8.3 With respect to facilities occupied by Licensee or the subject of an application for attachment by Licensee, BellSouth will give to Licensee 60 days’ ' written notice for conduit extensions or reinforcements, 60 days’ ' written notice for pole line extensions, 60 days’ ' written notice notice, for pole replacements, and 60 days’ ' written notice of BellSouth’s 's intention to construct, reconstruct, expand or place such facilities or of BellSouth’s 's intention not to maintain or use any existing facility and, in the case of an existing facility which BellSouth elects not to maintain or use, BellSouth will grant to Licensee a right to maintain and use such facility. If an emergency or provisions of an applicable joint use agreement require BellSouth to construct, reconstruct, expand or replace poles, conduits or ducts occupied by Licensee or the subject of an application for attachment by Licensee, BellSouth will notify Licensee as soon as reasonably practicable of such proposed construction, reconstruction, expansion or replacement to enable Licensee, if it so desires, to request that a pole, conduit or duct of greater height or capacity be utilized to accommodate an anticipated facility need of Licensee. 2.8.4 At Licensee’s 's expense, BellSouth shall remove any retired cable from conduit systems to allow for the efficient use of conduit space within a reasonable period of time.

No Right to Interfere with Facilities of Others. The provisions of this Attachment 8 or any license issued hereunder shall not be construed as authorizing either party to this Attachment 8 to rearrange or interfere in any way with any of the other party's facilities, with the facilities of other persons or entities, or with the use of or access to such facilities by such other party or such other persons or entities, except to the extent expressly provided by the provisions of this Attachment 8 or any license issued hereunder or by the Telecommunications Act of 1996 or other applicable laws, rules or regulations. 2.8.1 Licensee 1.2.9.1 MCIm acknowledges that the facilities of persons or entities other than BellSouth and Licensee MCIm may be attached to or occupy BellSouth's poles, conduits, ducts and rights-of-way. 2.8.2 1.2.9.2 BellSouth shall not attach, or give permission to any third parties to attach facilities to, existing Licensee MCIm facilities without LicenseeMCIm's prior written consent. If BellSouth becomes aware of any such unauthorized attachment to Licensee MCIm facilities, BellSouth shall use its best efforts to rectify the situation as soon as practicable. 2.8.3 1.2.9.3 With respect to facilities occupied by Licensee MCIm or Attachment VI - 9 MCIm - BellSouth Mississippi Interconnection Agreement the subject of an application for attachment by LicenseeMCIm, BellSouth will give to Licensee MCIm 60 days’ ' written notice for conduit extensions or reinforcements, 60 days’ ' written notice for pole line extensions, 60 days’ ' written notice for pole replacements, and 60 days’ ' written notice of BellSouth’s 's intention to construct, reconstruct, expand or place such facilities or of BellSouth’s 's intention not to maintain or use any existing facility and, in the case of an existing facility which BellSouth elects not to maintain or use, BellSouth will grant to Licensee MCIm a right to maintain and use such facility. If an emergency or provisions of provision or an applicable joint use agreement require requires BellSouth to construct, reconstruct, expand or replace poles, conduits or ducts occupied by Licensee MCIm or the subject of an application for attachment by LicenseeMCIm, BellSouth will notify Licensee MCIm as soon as reasonably practicable of such proposed construction, reconstruction, expansion or replacement to enable LicenseeMCIm, if it so desires, to request that a pole, conduit or duct of greater height or capacity be utilized to accommodate an anticipated facility need of LicenseeMCIm. 2.8.4 1.2.9.4 At Licensee’s MCIm's expense, BellSouth shall remove any retired cable from conduit systems to allow for the efficient use of conduit space within a reasonable period of time. 1.2.9.5 BellSouth shall allow MCIm for itself, or in conjunction with other telecommunications carriers, to reserve spares and space for maintenance and emergency purposes in the same manner and for the same period as it reserves such spares and space for itself. Where a separate duct is not feasible for space or other reasons, BellSouth shall make the existing one available on a basis that does not discriminate between itself and MCIm.

No Right to Interfere with Facilities of Others. The provisions of this Attachment 8 Agreement or any license issued hereunder shall not be construed as authorizing either party to this Attachment 8 Agreement to rearrange or interfere in any way with any of the other party's facilities, with the facilities of other persons or entities, or with the use of or access to such facilities by such other party or such other persons or entities, except to the extent expressly provided by the provisions of this Attachment 8 Agreement or any license issued hereunder or by the Telecommunications Act of 1996 or other applicable laws, rules or regulations. 2.8.1 Licensee acknowledges that the facilities of persons or entities other than BellSouth and Licensee may be attached to or occupy BellSouth's poles, conduits, ducts and rights-of-way. 2.8.2 BellSouth shall not attach, or give permission to any third parties to attach facilities to, existing Licensee facilities without Licensee's prior written consent. If BellSouth becomes aware of any such unauthorized attachment to Licensee facilities, BellSouth shall use its best efforts to rectify the situation as soon as practicable. 2.8.3 With respect to facilities occupied by Licensee or the subject of an application for attachment by Licensee, BellSouth will give to Licensee 60 days’ ' written notice for conduit extensions or reinforcements, 60 days’ ' written notice for pole line extensions, 60 days’ ' written notice notice, for pole replacements, and 60 days’ ' written notice of BellSouth’s 's intention to construct, reconstruct, expand or place such facilities or of BellSouth’s 's intention not to maintain or use any existing facility and, in the case of an existing facility which BellSouth elects not to maintain or use, BellSouth will grant to Licensee a right to maintain and use such facility. If an emergency or provisions of an applicable joint use agreement require BellSouth to construct, reconstruct, expand or replace poles, conduits or ducts occupied by Licensee or the subject of an application for attachment by Licensee, BellSouth will notify Licensee as soon as reasonably practicable of such proposed construction, reconstruction, expansion or replacement to enable Licensee, if it so desires, to request that a pole, conduit or duct of greater height or capacity be utilized to accommodate an anticipated facility need of Licensee. 2.8.4 At Licensee’s 's expense, BellSouth shall remove any retired cable from conduit systems to allow for the efficient use of conduit space within a reasonable period of of' time.