Common use of Structure Availability Clause in Contracts

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLEC's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLEC's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLEC. If CBT denies a request by CLEC for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLEC's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLEC's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLEC. If CBT denies a request by CLEC for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.Article

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”"Structure ") owned or controlled by CBT for the placement of CLEC's telecommunications equipment and related facilities (“Attachments”"Attachments "). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “"Rights-of-way” " includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLEC's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “"Insufficient Capacity” " means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLEC. If CBT denies a request by CLEC for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLEC's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLEC's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLEC. If CBT denies a request by CLEC for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.five

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLECFrontier's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLECFrontier's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLECFrontier. If CBT denies a request by CLEC Frontier for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC Frontier a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLECSBCT's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilitiesfor wire communications. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used in whole or in part, for distribution facilitiesany wire communication. The availability of CBT Structure for CLECSBCT's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLECSBCT. If CBT denies a request by CLEC SBCT for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC SBCT a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day periodrequest.

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”AStructure@) owned or controlled by CBT for the placement of CLECSprint's telecommunications equipment and related facilities (“Attachments”AAttachments@). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “RightsARights-of-way” way@ includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLECSprint's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” AInsufficient Capacity@ means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLECSprint. If CBT denies a request by CLEC Sprint for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC Sprint a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.five

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “StructureStructure ”) owned or controlled by CBT for the placement of CLEC's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLEC's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLEC. If CBT denies a request by CLEC for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLECTELIGENT's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLECTELIGENT's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLECTELIGENT. If CBT denies a request by CLEC TELIGENT for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC TELIGENT a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.

Structure Availability. 16.1.1 CBT XVI.1.1 Ameritech shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way along Ameritechs distribution network that are owned or controlled by Ameritech (individually and collectively, “Structure”Structure) owned or controlled by CBT for the placement of CLECRequesting Carrier's telecommunications equipment wires, cables and related facilities (“Attachments”individually and collectively, Attachments). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “RightsRights-of-way” includes easementsway means (i) a legal interest of Ameritech in property of others, licenses such as an easement or any other rightlicense, whether based upon grant, reservation, contract, law suitable for use for communications distribution facilities or otherwise, to use (ii) Ameritech's owned or leased property if the such property is used for communications distribution facilities; provided, however, it does not generally include controlled environment vaults, remote equipment buildings, huts or enclosures, cross-connect cabinets, panels and boxes, equipment closets or enclosures in buildings, or any like or similar equipment enclosures or locations, or the ducts or conduit connecting any of the foregoing to manholes or conduit runs between manholes. The availability of CBT Ameritech Structure for CLECRequesting Carrier's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.2016.18, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT Ameritech owns and controls Structure or interests therein. 16.1.2 CBT XVI.1.2 Ameritech will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” Insufficient Capacity means the lack of existing available space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Insufficient Capacity, CBT Ameritech will, in good faith, explore potential accommodations with CLECRequesting Carrier. If CBT Ameritech denies a request by CLEC Requesting Carrier for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT Ameritech will provide CLEC Requesting Carrier a detailed, written reason for such denial (i) as soon as practicable but but, in any event event, within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day periodrequest.

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLECICG's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLECICG's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLECICG. If CBT denies a request by CLEC ICG for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC ICG a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.or

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”A Structure@ ) owned or controlled by CBT for the placement of CLECSprint's telecommunications equipment and related facilities (“Attachments”A Attachments@ ). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “RightsARights-of-way” way@ includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLECSprint's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” AInsufficient Capacity@ means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLECSprint. If CBT denies a request by CLEC Sprint for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC Sprint a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.five

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLEC's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLEC's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLEC. If CBT denies a request by CLEC for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day 45) day period.

Structure Availability. 16.1.1 CBT shall make available, to the extent it may lawfully do so, access to poles, ducts, conduits and Rights-of-way (individually and collectively, “Structure”) owned or controlled by CBT for the placement of CLECSprint's telecommunications equipment and related facilities (“Attachments”). Poles, ducts and conduits include entrance facilities (including building access) and conduit and riser space; manholes; telephone equipment closets; and other infrastructure used by CBT to place telecommunications distribution facilities. “Rights-of-way” includes easements, licenses or any other right, whether based upon grant, reservation, contract, law or otherwise, to use property if the property is used for distribution facilities. The availability of CBT Structure for CLECSprint's Attachments is subject to and dependent upon all rights, privileges, franchises or authorities granted by governmental entities with jurisdiction, existing and future agreements with other persons not inconsistent with Section 16.20, all interests in property granted by persons or entities public or private, and Applicable Law, and all terms, conditions and limitations of any or all of the foregoing, by which CBT owns and controls Structure or interests therein. 16.1.2 CBT will not make Structure available: (1) where, after taking all reasonable steps to accommodate such request, there is Insufficient Capacity to accommodate the requested Attachment, and (2) an Attachment cannot be accommodated based upon nondiscriminatorily applied considerations of safety, reliability or engineering principles. For purposes of this Article XVI, “Insufficient Capacity” means the lack of space available on or in Structure and the inability to create the necessary space by taking all reasonable steps to do so. Before denying a request for access based upon insufficient Capacity, CBT will, in good faith, explore potential accommodations with CLECSprint. If CBT denies a request by CLEC Sprint for access to its Structure for Insufficient Capacity, safety, reliability or engineering reasons, CBT will provide CLEC Sprint a detailed, written reason for such denial (i) as soon as practicable but in any event within forty-five (45) days of the date of such request if CBT has actual or constructive knowledge of the reasons for such denial or (ii) promptly upon CBT's receipt of such reasons for denial if such reasons are not known until after the expiration of such forty-five (45)-day period.