Selection of Space Clause Samples
Selection of Space. Applicant will select the space Applicant will occupy on SWBT’s poles or in SWBT’s conduit systems. Applicant’s selections will be based on the same criteria SWBT applies to itself. To enable Applicant to make such selections in accordance with SWBT’s criteria, SWBT will provide Applicant information about the network guidelines and engineering protocols used by SWBT in determining the placement of facilities on SWBT’s poles and in SWBT’s conduit systems. In conduit systems owned or controlled by SWBT, maintenance ducts (as defined in Section 3.25) shall not be considered available for Applicant’s use except as specifically provided elsewhere in this Agreement. All other ducts, inner ducts, sub-ducts, and partitioned conduits which are not assigned or occupied shall be deemed available for use by SWBT, Applicant, and third parties entitled to access under the Pole Attachment Act.
Selection of Space. SBC-13STATE will select or approve the Attaching Party’s selection of the space Applicant will occupy on SBC-13STATE’s poles or in SBC-13STATE’s conduit systems. Maintenance ducts shall not be considered available for Attaching Party’s use except as specifically provided elsewhere in this Agreement. Where required by law or franchise agreement, ducts and attachment space on poles reserved for municipal use shall not be considered available for the Attaching Party’s use. All other ducts, inner ducts, space on poles or space in rights-of-ways which are not assigned or occupied shall be deemed available for use by SBC-13STATE, Attaching Party, and other parties entitled to access underapplicable law.
Selection of Space. AT&T will select, or approve the Attaching Party’s selection of, the space Attaching Party will occupy on AT&T’s poles or in AT&T’s conduit systems. Maintenance ducts shall not be considered available for Attaching Party’s use except as specifically provided elsewhere in this Appendix. Where required by law or franchise agreement, ducts and attachment space on poles reserved for municipal use shall not be considered available for the Attaching Party’s use. All other ducts, inner ducts, space on poles or space in rights-of-ways, which are not assigned or occupied, shall be deemed available for use by AT&T, Attaching Party, and other parties entitled to access under applicable law.
Selection of Space. SBC MISSOURI will select or approve the CLEC’s selection of the space CLEC will occupy on poles or in conduit systems based upon the same criteria SBC MISSOURI applies to itself. In conduit systems owned or controlled by SBC MISSOURI, maintenance ducts (as defined in Section 3.25) shall not be considered available for CLEC’s use except as specifically provided elsewhere in this Appendix. All ducts associated with the conduit system which are not assigned or occupied shall be deemed available for use by SBC MISSOURI, CLEC, and third parties entitled to access under the Pole Attachment Act.
Selection of Space. AT&T will select, or approve Attaching Party’s selection of, the space Attaching Party will occupy on AT&T’s Poles or in AT&T’s Conduit Systems. Such an assignment or approval by AT&T, which includes any modifications to Attaching Party’s design by AT&T, shall constitute an approval of the associated Application. Maintenance Ducts shall not be considered available for Attaching Party’s use except as specifically provided elsewhere in this Attachment. Where required by law or franchise agreement, Ducts and attachment space on Poles reserved for municipal use shall not be considered available for Attaching Party’s use. All other Ducts, innerducts, space on Poles, or space in ROW, which are not assigned or occupied, shall be deemed available for use by AT&T, Attaching Party, and other parties entitled to access under applicable law or executed agreements with AT&T.
8.5.1 AT&T will assign the approved Pole, Duct, or Conduit space to Attaching Party for a pre-occupancy period not to exceed twelve (12) months, with the following exception:
Selection of Space. RCN will review, select and approve the configuration of the space Applicant will occupy in RCN s conduit systems at its sole discretion. Where required by law or franchise agreement, ducts reserved for municipal use shall not be considered available for the Attaching Party s use. RCN shall have no obligation to provide access to any Conduit where RCN, in its reasonable discretion, determines that it does not have available capacity due to its own expansion or other needs.
Selection of Space. AT&T will select, or approve Attaching Party’s selection of, the space Attaching Party will occupy in or on AT&T’s Structure. AT&T’s assignment or approval , which includes any AT&T modifications to Attaching Party’s design, constitutes an approval of the associated Application. Maintenance Ducts will not be considered available for Attaching Party’s use except as specifically provided elsewhere in this Agreement. Where required by law or franchise agreement, Ducts and attachment space on Poles reserved for municipal use will not be considered available for Attaching Party’s use. All other space not assigned or occupied in or on AT&T’s Structure will be deemed available for use by AT&T, Attaching Party, and other parties entitled to access under applicable law or executed agreements with AT&T.
8.7.1 AT&T will assign the approved Pole, Duct, or Conduit space to Attaching Party for a pre-occupancy period not to exceed 12 months.
8.7.2 If Attaching Party does not occupy the assigned space within the 12-month period, the assignment will lapse, and the space will be considered available for use by AT&T or Other User. Prior to the expiration of the 12- month period, Attaching Party may submit a request for an extension of time based on a thorough explanation of delays outside Attaching Party’s control. AT&T will carefully consider the circumstances of any specific request and not unreasonably withhold or deny an extension.
8.7.3 AT&T may assign space to itself by making appropriate entries in the same records used to log space assignments to Attaching Party and Other Users. If AT&T assigns Pole, Duct, or Conduit space to itself, such assignment will automatically lapse 12 months after the date the assignment has been entered into the appropriate AT&T record, if AT&T has not occupied such assigned space within such 12-month period. Prior to the expiration of the 12-month period, AT&T may apply an extension when delays outside of its control preclude its ability to occupy the assigned space within such timeframe.
8.7.4 Attaching Party’s obligation to pay Pole attachment or Conduit occupancy fees commences on the date AT&T makes the space assignment to Attaching Party.
Selection of Space. AT&T will select or approve CLEC’s selection of the location for all attachments on poles, in ducts and conduit, and in rights-of-way. The selection or approval will be based on safety, reliability or general engineering principles using the same criteria AT&T applies to itself. In conduit systems owned or controlled by AT&T, maintenance ducts (as defined in Section 3.24) shall not be considered available for CLEC’s use except as specifically provided elsewhere in this Appendix. All other ducts, inner ducts, sub- ducts, and partitioned conduits which are not assigned or occupied shall be deemed available for use by AT&T, CLEC, and third parties entitled to access under the Pole Attachment Act.
Selection of Space. SBC NEVADA will select or approve AT&T’s selection of the location for all attachments on poles, in ducts and conduit, and in rights-of-way. The selection or approval will be based on safety, reliability or general engineering principles using the same criteria SBC NEVADA applies to itself. In conduit systems owned or controlled by SBC NEVADA, maintenance ducts (as defined in Section 3.24) shall not be considered available for AT&T’s use except as specifically provided elsewhere in this Appendix. All other ducts, inner ducts, sub-ducts, and partitioned conduits which are not assigned or occupied shall be deemed available for use by SBC NEVADA, AT&T, and third parties entitled to access under the Pole Attachment Act.