Common use of Pole Clause in Contracts

Pole. 1. When an Application for Pole Attachment Permit is submitted by Licensee a field survey will be required for each pole for which attachment is requested to determine the adequacy of the pole to accommodate Licensee's communications facilities. Licensor will advise the Licensee will advise the Licensee in writing of the estimated charges that will apply for such field survey. (Appendix III, Form ▇- ▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ for Field Survey/Make-Ready Work). 2. The field survey may be performed jointly by representatives of Licensor, Joint Owner and/or Joint User and Licensee. 3. Licensor reserves the right to refuse to grant a Pole Attachment Permit for attachment to a pole when Licensor determines that the communications space on such pole is required for its exclusive use or that of a governmental entity with pole attachment rights and that the pole may not reasonably be rearranged or replaced to accommodate Licensee's communications facilities. 4. In the event Licensor determines that a pole to which Licensee desires to attach is inadequate or otherwise needs rearrangement of the existing facilities thereon to accommodate the Licensee's communications facilities. Licensor will advise the Licensee in writing of the estimated make-ready charges that will apply (Appendix III, Form A-1, Authorization for Field Survey/Make-Ready Work). Licensee shall have 30 days from the date of said Form A-1 to indicate its authorization for completion of the required make-ready work and acceptance of the resulting charges. 5. Any required make-ready work will be performed following receipt by Licensor of completed Form A-1. Licensee shall pay Licensor for all make-ready work completed in accordance with the provisions of this Agreement and shall also reimburse the owner(s) of other facilities attached to said poles for any expense incurred by it or them in transferring or rearranging the facilities of such other owners to accommodate Licensee's pole attachment. Licensee shall not be entitled to reimbursement of any amounts paid to Licensor for pole replacements or for rearrangement of facilities on Licensor's poles by reason of the use by the Licensor or other authorized user(s) of any additional capacity resulting from such replacement or rearrangement. 6. Should Licensor, a Joint Owner or a Joint User or a governmental entity with pole attachment rights, for its own service requirements, need to attach additional facilities to any of Licensor's poles, to which Licensee is attached, Licensee's will either rearrange its communications facilities on the pole or transfer them to a replacement pole as determined by Licensor so that the additional facilities of Licensor, Joint Owner or Joint User [or governmental entity] may be attached. The rearrangement or transfer of Licensee's communications facilities will be made at Licensee's sole expense.

Pole. 1. When an Application for Pole Attachment Permit is submitted by Licensee a field survey will be required for each pole for which attachment is requested to determine the adequacy of the pole to accommodate Licensee's communications facilities. Licensor will advise the Licensee will advise the Licensee in writing of the estimated charges that will apply for such field survey. (Appendix III, Form ▇- ▇A-1, ▇▇▇▇▇▇▇▇▇▇▇▇▇ Authorization for Field Survey/Make-Ready Work). 2. The field survey may be performed jointly by representatives of Licensor, Joint Owner and/or Joint User and Licensee. 3. Licensor reserves the right to refuse to grant a Pole Attachment Permit for attachment to a pole when Licensor determines that the communications space on such pole is required for its exclusive use or that of a governmental entity with pole attachment rights and that the pole may not reasonably be rearranged or replaced to accommodate Licensee's communications facilities. 4. In the event Licensor determines that a pole to which Licensee desires to attach is inadequate or otherwise needs rearrangement of the existing facilities thereon to accommodate the Licensee's communications facilities. Licensor will advise the Licensee in writing of the estimated make-ready charges that will apply (Appendix III, Form A-1, Authorization for Field Survey/Make-Ready Work). Licensee shall have 30 days from the date of said Form A-1 to indicate its authorization for completion of the required make-ready work and acceptance of the resulting charges. 5. Any required make-ready work will be performed following receipt by Licensor of completed Form A-1. Licensee shall pay Licensor for all make-ready work completed in accordance with the provisions of this Agreement and shall also reimburse the owner(s) of other facilities attached to said poles for any expense incurred by it or them in transferring or rearranging the facilities of such other owners to accommodate Licensee's pole attachment. Licensee shall not be entitled to reimbursement of any amounts paid to Licensor for pole replacements or for rearrangement of facilities on Licensor's poles by reason of the use by the Licensor or other authorized user(s) of any additional capacity resulting from such replacement or rearrangement. 6. Should Licensor, a Joint Owner or a Joint User or a governmental entity with pole attachment rights, for its own service requirements, need to attach additional facilities to any of Licensor's poles, to which Licensee is attached, Licensee's will either rearrange its communications facilities on the pole or transfer them to a replacement pole as determined by Licensor so that the additional facilities of Licensor, Joint Owner or Joint User [or governmental entity] may be attached. The rearrangement or transfer of Licensee's communications facilities will be made at Licensee's sole expense.