Common use of Towers Clause in Contracts

Towers. Alliant Energy-IES Utilities grants McLeodUSA the right to use for Telecommunications Purposes microwave towers owned by it, in exchange for Transport Capacity as shown in section XV. Such right is exclusive, excepting only Alliant Energy-IES Utilities’ present and future use of the microwave towers for internal purposes and third party use granted by agreements executed prior to the date of this revised agreement. McLeodUSA shall retain any rental income from other users of the microwave towers in consideration of its management of the microwave towers for Alliant Energy-IES. Alliant Energy-IES Utilities reserves the right to deny access to microwave towers to any third party, including McLeodUSA, due to engineering or insurance concerns, including but not limited to electrical interference or maintenance of the physical/structural integrity of the towers. In the event that McLeodUSA receives payments from any third party for conversion of any frequency required by the FCC to be abandoned, McLeodUSA shall either: perform the conversion to a communications system with capacity as good or better than that of the microwave tower, or shall remit these payments to Alliant Energy. Alliant Energy grants McLeodUSA the right to attach for Telecommunications Purposes to all other towers (meaning the towers owned by IPC and WPL and collectively referred to as “Other Towers”), including but not limited to radio towers, owned by Alliant Energy in exchange for Transport Capacity as shown in Section XV. Such grant of right is not exclusive, and does not preclude usage of such other towers by Alliant Energy for its own purposes. In the event that a third party makes a bona fide offer to lease space for the attachment of telecommunications facilities used for Telecommunications Purposes to Alliant Energy’s Other Towers in its Network, other than that portion of the Network owned by IES Utilities, and such attachment is within the capabilities of such Other Tower, the AEREROWD shall inform McLeodUSA of such request. In the event that McLeodUSA desires to attach its facilities in the area requested by the third party, ▇▇▇▇▇▇ USA shall compensate Alliant Energy for such Attachment as provided in Article XV. In the event that McLeodUSA does not attach its facilities in the space requested by the third party, but desires to reserve said space, ▇▇▇▇▇▇ USA shall compensate Alliant Energy for such reservation as described in Article XV. In the event that no attachment or reservation of such space is required, no compensation shall be due to Alliant Energy. In the event that the attachment of telecommunications facilities to Other Towers is not subject to regulation by any state agency, including but not limited to the Public Service Commission of Wisconsin or Minnesota or any successor Agency, the parties shall negotiate the use of the Other Towers by McLeodUSA. Alliant Energy is responsible for insurance and maintenance of the Towers.