Common use of Opening of Manholes and Access to Conduit Clause in Contracts

Opening of Manholes and Access to Conduit. The following requirements apply to the opening of AT&T’s manholes and access to AT&T’s conduit system. (a) CLEC will notify AT&T not less than 5 business days in advance before entering AT&T’s conduit system to perform non-emergency work operations. Such operations shall be conducted during normal business hours except as otherwise agreed by the parties. The notice shall state the general nature of the work to be performed. (b) The parties contemplate that the CLEC may need to perform operations in AT&T’s conduit system other than during normal business hours and may occasionally require access to manholes on shorter notice than contemplated in subsection (a) above. Under these circumstances, CLEC shall notify AT&T as soon as is reasonably possible of its intent to enter and perform work in the conduit system and AT&T shall not, without due cause and justification, insist on literal compliance with the scheduling requirements of subsection (a) in such circumstances. AT&T will establish procedures enabling AT&T to receive notices from CLEC under this subsection 24 hours a day, seven days a week. (c) Each party must obtain any necessary authorization from appropriate authorities to open manholes for such party’s own conduit work and operations therein. (d) Where CLEC personnel, certified based on industry standards, perform installation, maintenance and similar routine work at AT&T sites, AT&T may, at its option, send one or more employees to review such work. CLEC and AT&T shall share the cost of a single AT&T employee reviewing the work during emergency and non-emergency situations. AT&T will not be compensated by CLEC Page 191 of 357 for any additional employees reviewing the work. The AT&T employees assigned for review and inspection of CLEC personnel work must be available during all normal business hours for such assignments to minimize inconvenience to CLEC. If the work at AT&T sites is performed by a contractor agreed upon by CLEC and AT&T, AT&T shall be responsible for the costs of its employees sent to inspect the contractor’s work. However, if CLEC personnel perform work at the site of an interconnection point where the participation of AT&T personnel is integral for the successful completion of the work, CLEC is responsible for paying the costs of AT&T personnel reasonably needed for such work.

Opening of Manholes and Access to Conduit. The following requirements apply to the opening of AT&TSBC NEVADA’s manholes and access to AT&TSBC NEVADA’s conduit system. (a) CLEC AT&T will notify AT&T SBC NEVADA not less than 5 business days in advance before entering AT&TSBC NEVADA’s conduit system to perform non-emergency work operations. Such operations shall be conducted during normal business hours except as otherwise agreed by the parties. The notice shall state the general nature of the work to be performed. (b) The parties contemplate that the CLEC AT&T may need to perform operations in AT&TSBC NEVADA’s conduit system other than during normal business hours and may occasionally require access to manholes on shorter notice than contemplated in subsection (a) above. Under these circumstances, CLEC AT&T shall notify AT&T SBC NEVADA as soon as is reasonably possible of its intent to enter and perform work in the conduit system and AT&T SBC NEVADA shall not, without due cause and justification, insist on literal compliance with the scheduling requirements of subsection (a) in such circumstances. AT&T SBC NEVADA will establish procedures enabling AT&T SBC NEVADA to receive notices from CLEC AT&T under this subsection 24 hours a day, seven days a week. (c) Each party must obtain any necessary authorization from appropriate authorities to open manholes for such party’s own conduit work and operations therein. (d) Where CLEC personnel, certified based A single authorized employee or representative of SBC NEVADA may be present any time when AT&T or personnel acting on industry standards, AT&T’s behalf enter or perform installation, maintenance and similar routine work at AT&T sites, AT&T may, at its option, send one or more employees to review such workwithin SBC NEVADA’s conduit system. CLEC and AT&T shall share reimburse SBC NEVADA for costs associated with the cost presence of a single AT&T SBC NEVADA’s authorized employee reviewing the work during emergency and non-emergency situationsor representative. AT&T will not be compensated by CLEC Page 191 of 357 for Each party must obtain any additional employees reviewing the work. The AT&T employees assigned for review and inspection of CLEC personnel work must be available during all normal business hours for such assignments necessary authorization from appropriate authorities to minimize inconvenience to CLEC. If the work at AT&T sites is performed by a contractor agreed upon by CLEC and AT&T, AT&T shall be responsible for the costs of its employees sent to inspect the contractor’s work. However, if CLEC personnel perform work at the site of an interconnection point where the participation of AT&T personnel is integral for the successful completion of the work, CLEC is responsible for paying the costs of AT&T personnel reasonably needed for such workopen manholes.