Grant or Denial of Access. Except as set forth in Section 1.02 above and except as otherwise provided by law, Licensor reserves the right to deny or modify Licensee access to any Structure or Conduit, on a competitively-neutral and non-discriminatory basis, where Licensor determines that Licensee’s proposed attachment will (a) jeopardize the public health, safety or welfare, or (b) unreasonably limit or harm the capacity, functionality, reliability, governmental interests or aesthetics of Licensor’s facilities, or (c) violate applicable zoning restrictions or other laws and regulations, or (d) exceed the capacity of the Structures or Conduit to include taking into consideration the reserved capacity of the Structures or Conduit, or (e) interfere with the Licensor’s intended use of the Structures or Conduit, and (f) interfere with any other reasonable governmental interest; provided, however, that before Licensor denies access, Licensor shall explore potential accommodations in good faith and take all reasonable steps to accommodate Licensee’s request for access. Licensor shall use its best efforts to either grant or deny access to a Structure or Conduit within thirty (30) days of Licensee’s written request; the Licensor’s grant may include a Make Ready Estimate as described in Section 2.04. If Licensor denies access, subject to the terms of Section 2.05 hereof, then Licensor must use best efforts to provide notice in writing within thirty (30) days of Licensee’s application with information to support its denial.
Grant or Denial of Access. Except as otherwise provided by law, Licensor reserves the right to deny LICENSEE access to any pole or conduit, on a non-discriminatory basis, where there is insufficient capacity on or in Licensor’s poles and conduits or for reasons of safety, reliability or generally applicable engineering standards, provided that before Licensor denies access based on insufficient capacity, Licensor shall explore potential accommodations in good faith and take all reasonable steps to accommodate LICENSEE’ request for access. Licensor shall either grant or deny access to its facilities within forty-five (45) calendar days of LICENSEE’ permit application. If access is not granted by Licensor within forty-five (45) days of LICENSEE’ permit application, Licensor must confirm the denial of access in writing by the forty-fifth (45) day. Licensor’s denial shall be specific and shall include all relevant evidence and information supporting its denial, and shall explain how such evidence and information related to the denial of access for reasons of lack of capacity, safety reliability or generally applicable engineering standards.
