1
EXHIBIT 10.52
***PORTIONS OF THIS EXHIBIT MARKED BY
BRACKETS ("[______]") OR OTHERWISE
IDENTIFIED HAVE BEEN OMITTED PURSUANT
TO A REQUEST FOR CONFIDENTIAL TREATMENT.
THE OMITTED PORTIONS HAVE BEEN FILED
SEPARATELY WITH THE SECURITIES AND
EXCHANGE COMMISSION.***
LICENSE AGREEMENT FOR POLE
ATTACHMENT AND/OR CONDUIT OCCUPANCY
2
LICENSE AGREEMENT FOR POLE ATTACHMENTS AN/OR CONDUIT OCCUPANCY IN
FLORIDA
------------------
(AREA/STATE)
DATED SEPTEMBER 15, 1993
-------------------
BETWEEN
BELLSOUTH TELECOMMUNICATIONS, INC.
(LICENSOR)
AND
BEACH CABLE, INC.
(LICENSEE)
TO SERVE
THE CITY OF PANAMA CITY BEACH
and
THE UNINCORPORATED AREAS OF BAY COUNTY, FLORIDA
3
TABLE OF CONTENTS
ARTICLE PAGE
------- ----
Preface
I Definitions 3
II Scope of Agreement 5
III Fees and Charges 5
IV Advance Payment 6
V Specifications 7
VI Legal Requirements 7
VII Issuance of Licenses 8
VIII Make-Ready Work 9
IX Construction, Maintenance And Removal of Communications Facilities 12
X Termination of Licenses 16
XI Inspection of Licensee's Communications Facilities 16
XII Unauthorized Attachment, Utilization, Or Occupancy 16
XIII Security Interest 17
XIV Liability And Damages 18
XV Insurance 19
XVI Authorization Not Exclusive 20
XVII Assignment Of Rights 20
XVIII Failure to Enforce 20
XIX Termination of Agreement 21
XX Term of Agreement 22
XXI Notices 22
XXII Supersedure of Previous Agreement(s) 23
APPENDICES
----------
I Schedule of Fees and Charges
II Multiple Pole Attachment and Conduit Occupancy License
Applications
III Administrative Forms and Notices
EXHIBIT
-------
A Map of Area Covered by Agreement
- 1 -
11/91
4
LICENSE AGREEMENT
THIS AGREEMENT, executed this 15th day of September, 1993 between
BellSouth Telecommunications, Inc. d/b/a Southern Xxxx Telephone and Telegraph,
a corporation organized and existing under the laws of the State of Georgia,
having its principal office in the City of Atlanta, Georgia, hereinafter called
Licensor, and Beach Cable, Inc., a corporation (partnership, or other legal
entity) organized and existing under the laws of the State of Florida and
registered to do business in the State of Florida, having its principal office
in the city of Panama City and local office in Panama City Beach hereinafter
called Licensee;
W I T N E S S E T H
WHEREAS, Licensee proposes to furnish communications services in (general
description of area) Those Political Entities Listed on the Title Page or
Amendments subsequent to the date of this Agreement. _________________________
_____________________________________________________ being more particularly
shown on the attached map designated as Exhibit "A"; and
WHEREAS, Licensee desires to place and maintain aerial and underground
communications facilities within the area described above and desires to place
such communications facilities on poles, anchors, and in the conduit system of
Licensor; and
WHEREAS, Licensor is willing to permit, under certain conditions on a
revocable, nonexclusive license basis, to the extent it may lawfully do so, the
placement of said communications facilities on or within Licensor's facilities
where reasonably available in the area described above and where such use will
not interfere with Licensor's service requirements or the use of its facilities
by others;
NOW THEREFORE, in consideration of the mutual covenants, terms and
conditions herein contained, the parties do hereby mutually covenant and agree
as follows:
- 2 -
7/92
5
ARTICLE I
DEFINITIONS
As used in this Agreement:
A) Anchor
An assembly (rod and fixed object or plate owned solely or in part by
the Licensor or by others), designed to resist the pull of a xxx
xxxxxx, for which the Licensor is responsible for authorizing the
attachment of Licensee's communications facilities.
B) Conduit
A structure, usually underground, containing one or more ducts.
C) Conduit Occupancy
Occupancy of a conduit system by any item of Licensee's communications
facilities.
D) Conduit System
Any combination of ducts, conduits, manholes, handholes, and vaults
joined to form an integrated whole, which is owned solely or in part
by the Licensor.
E) Duct
A single enclosed raceway for wire conductors or cables.
F) Xxx Xxxxxx
A metal cable attached to a pole and anchor (or another pole) for the
purpose of increasing pole stability.
G) Joint Owner
A person, firm, corporation or other legal entity sharing ownership of
a pole and/or anchor with Licensor.
H) Joint User
A joint owner or party which may attach to a pole or anchor or occupy
a conduit either solely or partially owned by the Licensor, in return
for granting the Licensor equivalent rights of attachment to poles,
anchors and/or occupancy of conduit which it owns, either solely or
partially.
I) Licensee's Communications Facilities
All facilities, including but not limited to cables, equipment and
associated hardware, owned and utilized by the Licensee which are
attached to a pole or anchor or occupy a conduit system.
- 3 -
11/91
6
J) Manhole
A subsurface enclosure which personnel may enter and use for the
purpose of installing, operating and maintaining communications
facilities.
K) Make-Ready Work
All work, including but not limited to rearrangement and/or transfer
of existing facilities, replacement of a pole or other changes
required to accommodate the Licensee's communications facilities on a
pole, anchor or in a conduit system.
L) Prelicense Survey
All work required, including field inspection and administrative
processing, to determine the make-ready work necessary to accommodate
Licensee's communications facilities on a pole, anchor or in a duct.
M) Pole
A pole owned solely or in part by the Licensor and/or by others for
which Licensor is responsible for authorizing the attachment of
Licensee's communications facilities.
N) Pole Attachment
Any item of Licensee's communications facilities affixed to a pole.
O) Service Requirements
Are multitudes of situations causing activity on the part of either
party's employees. Activity of importance to this agreement includes
new construction, removal of existing facilities and transfer, and/or
rearrangement of existing facilities. This activity may be caused by,
but is not limited to, increased plant retirements, emergencies, third
party attachments, changes in plans, etc.
P) Rearrangement of Attachments
Is the moving of attachments from one position to another on the same
pole.
Q) Transfer of Attachments
Is the moving of attachments from one pole and placing of these onto
another pole.
R) Unauthorized Attachments
Is any attachment of facilities by the Licensee to Licensor's pole(s)
or occupancy of Licensor's conduit system without prior license
authorization in accordance with Article VII; or any attachment of
facilities to Licensor's pole(s) or occupancy of Licensor's conduit
system outside of those political entities listed on the Title Page or
any Amendments subsequent to the date of the License Agreement.
- 4 -
11/91
7
ARTICLE II
SCOPE OF AGREEMENT
A) Subject to the provisions of this Agreement, Licensor agrees to issue
to Licensee for any lawful communications purpose, revocable,
nonexclusive licenses authorizing the attachment of Licensee's
communications facilities to poles or anchors, the utilization of
anchor/guy strands, or the placement of Licensee's communications
facilities in Licensor's conduit system within (general description of
area) Those Political entities listed on the Title Page or any
Amendments subsequent to the date of the License Agreement. __________
______________________________________________________________________
______________________________________________________________________
B) No use, however extended, of poles, anchors, anchor/guy strands or
conduit systems or payment of any fees or charges required under this
Agreement shall create or vest in Licensee any easements or any other
ownership of property rights of any nature in such poles, anchors, guy
strands or conduit systems. Licensee's rights herein shall be and
remain a mere license. Neither this Agreement nor any license granted
hereunder shall constitute an assignment of any of Licensor's rights
to use the public or private property at locations of such poles,
anchors, guy strands and conduit systems.
C) Licensor's right to locate and maintain its poles, anchors, guy
strands, and conduit systems and to operate its facilities in
conjunction therewith in such a manner as will best enable it to
fulfill its own service requirements is in no manner limited by this
Agreement.
D) Nothing contained in this Agreement shall be construed to compel
Licensor to construct, reconstruct, retain, extend, place or maintain
any pole, anchor, xxx xxxxxx, duct or other facility for use by the
Licensee not needed for Licensor's own service requirements.
E) Nothing contained in this Agreement shall be construed as a
limitation, restriction, or prohibition against Licensor with respect
to any agreement or arrangement which Licensor has heretofore entered
into, or may in the future enter into, with others not parties to this
Agreement regarding the poles, anchors, guy strands, and conduit
systems covered by this Agreement. The rights of Licensee shall at
all times be subject to any such existing and future agreement or
arrangement.
ARTICLE III
FEES AND CHARGES
A) Licensee agrees to pay to Licensor all fees and charges applicable in
connection with the attachment of its communications facilities to a
pole, anchor, utilization of an anchor/xxx xxxxxx, or occupancy of a
conduit system as specified in APPENDIX I.
- 5 -
11/91
8
Where Licensor's communication facilities are attached to poles or
anchors owned by power distribution companies or authorities or any
other company or authority and where presurvey and/or make-ready work
is required by Licensor on said poles to accommodate Licensee's
facilities, Licensee shall pay the Licensor for all such work in
accordance with the provisions of this Agreement in the same manner as
if the poles or anchors belonged to Licensor.
B) Nonpayment of any amount due under this Agreement shall constitute a
default by Licensee of this Agreement,
C) Whereas Licensor desires to protect the interest of its rate payers,
employees, and shareholders, Licensor may require a bond in a form
satisfactory to Licensor or other satisfactory evidence of financial
security in such amount as Licensor from time to time may require to
guarantee the performance of all Licensee obligations hereunder. The
amount of the bond or financial security shall not operate as a
limitation upon the obligations of the Licensee hereunder; and
D) At the expiration of six months from the date of this Agreement
changes in the amount of the fees and charges specified in Appendix I
may be made by Licensor upon at least 60 days prior written notice to
Licensee, and Licensee agrees to pay such changed fees and charges.
Notwithstanding any other provision of this Agreement, Licensee may
terminate his Agreement at the end of such notice period if the change
in fees and charges is not acceptable to Licensee, by giving Licensor
written notice of its election to terminate this Agreement at least 10
days prior to the end of such notice period.
E) Licensee shall pay all applicable fees and charges due within 30 days
after receipt of the xxxx.
F) Amendments to fees and charges shall be effected by the separate
execution of APPENDIX I which shall become a part of and be governed
by the terms and conditions of this Agreement.
ARTICLE IV
ADVANCE PAYMENT
A) Licensee shall make an advance payment to the Licensor prior to:
1) any undertaking by Licensor of a prelicense survey or the
administrative processing portion of such a survey in an amount
specified by Licensor sufficient to cover the estimated charges for
completing the specific work operation required, and
2) performance by Licensor of any make-ready work required in an
amount specified by Licensor sufficient to cover the estimated
charges for completing the required make-ready work.
B) The amount of the advance payment required (Appendix III, Form B-1)
will be credited against the payment due the Licensor for
- 6 -
11/91
9
performing the prelicense survey or portion thereof and/or make-ready work or
having it performed by others.
C) Where the advance payment is less than the charge by the Licensor for
such work, Licensee agrees to pay Licensor within 30 days of receipt
of the xxxx all sums due in excess of the amount of the advance
payment.
D) Where the advance payment exceeds the charge by the Licensor for such
work, Licensor shall refund within 30 days of issuance of the xxxx the
difference to Licensee.
ARTICLE V
SPECIFICATIONS
A) Licensee's communications facilities shall be placed and maintained in
accordance with the requirements and specifications of the current
editions of the Xxxx System Manual of Construction Procedures (Blue
Book), the National Electrical Code (NEC), the National Electrical
Safety Code (NESC), all of which are incorporated by reference in this
Agreement, the rules and regulations of the Occupational Safety and
Health Act (OSHA) and any governing authority having jurisdiction over
the subject matter. Where a difference in specifications may exist,
the more stringent shall apply.
B) If any part of Licensee's communications facilities is not placed and
maintained in accordance with A) preceding, and Licensee has not
corrected the violation within 60 days from receipt of written notice
thereof from Licensor, Licensor may at its option correct said
condition. Licensor will attempt to notify Licensee in writing prior
to performing such work whenever practicable. However, when in the
opinion of the Licensor such conditions pose an immediate threat to
the safety of the Licensor's employees or the public, interfere with
the performance of the Licensor's service obligations, or pose an
immediate threat to the physical integrity of the Licensor's
facilities, the Licensor may perform such work and/or take such action
that it deems necessary without first giving written notice to the
Licensee and without subjecting itself to any liability. As soon as
practicable thereafter, Licensor will advise Licensee in writing of
the work performed or the action taken and will endeavor to arrange
for reaccommodation of Licensee's facilities so affected. The
Licensee shall be responsible for paying the Licensor for all costs
incurred by the Licensor for all work, action, and reaccommodation
performed by Licensor under this subsection.
ARTICLE VI
LEGAL REQUIREMENTS
A) Licensee shall be responsible for obtaining from the appropriate
public and/or private authority any required authorization to
construct, operate and/or maintain its communications facilities on
- 7 -
11/91
10
public and/or private property before it attaches its communications
facilities to poles and anchors, utilizes anchor/guy strands or
occupies conduit located on such public and/or private property. In
the absence of evidence satisfying the above, Licensor reserves the
right to revoke or refuse to issue a license.
B) No license granted under this Agreement shall extend to any pole,
anchor, xxx xxxxxx or portion of a conduit system where the attachment
or placement of Licensee's communications facilities would result in a
forfeiture of rights of Licensor, or joint users, to occupy the
property on which such poles, anchors, guy strands or conduit systems
are located. If the existence of Licensee's communications facilities
on a pole, anchor, xxx xxxxxx, or in a conduit system would cause a
forfeiture of the right of the Licensor or joint user, or both, to
occupy such property Licensee agrees to remove its communications
facilities forthwith upon receipt of written notification from the
Licensor. If said communications facilities are not so removed,
Licensor may perform and/or have performed such removal after the
expiration of 60 days from the receipt of said written notification
without liability on the part of the Licensor and Licensee agrees to
pay Licensor or joint user or both, the cost thereof and for all
losses and damages that may result.
C) The parties hereto shall at all times observe and comply with, and the
provisions of the Agreement are subject to, all laws, ordinances, and
regulations which in any manner affect the rights and obligations of
the parties hereto under this Agreement, so long as such laws,
ordinances or regulations remain in effect.
ARTICLE VII
ISSUANCE OF LICENSES
A) Before Licensee shall attach to any pole, anchor, utilize any
anchor/xxx xxxxxx, or occupy any portion of a conduit system, Licensee
shall make written application for and have received written license
from the Licensor. (Appendix III, Forms A-1 and A-2 and/or D-1
through D-4).
B) Licensee agrees to limit the filing of applications for attachment
licenses to include not more than 300 poles, 300 associated anchors
and/or anchor/guy utilizations on any one application and 1500 poles,
1500 associated anchors and/or anchor/guy utilizations on all
applications which are pending approval by Licensor at any one time.
Such limitations will apply to poles, anchors and anchor/guy strands
located within a single plant construction district of Licensor.
Licensor, in its sole judgment, may permit the preceding limitations
to be exceeded if so requested in writing by the Licensee when the
circumstances of a particular job warrant such. Licensee further
agrees to designate a desired priority of completion of the prelicense
survey and make-ready work for each application relative to
- 8 -
11/91
11
all other of its applications on file with Licensor at the same time.
ARTICLE VIII
MAKE-READY WORK
A) Poles, Anchors, Guys
1) When an application for attachment (Appendix III, Form A-1) to
a pole, anchor or utilization of an anchor/xxx xxxxxx is
submitted by Licensee, a prelicense survey will be required to
determine the adequacy of the existing poles, anchors, and/or
guys to accommodate Licensee's communications facilities.
Utilization of the existing available capacity of an
anchor/xxx xxxxxx, when such utilization does not result in a
reduction of the holding capacity below the level normally
required by the Licensor for safety or other purposes will be
permitted at the option of the Licensor and upon agreement by
the Licensee to payment of the charges as specified in
APPENDIX I.
2) The field inspection portion of the prelicense survey, which
requires the visual inspection of existing poles, anchors and
guy strands, will be performed by a representative of the
Licensor unless by mutual agreement, it is decided that a
representative of the Licensee may conduct this portion of the
prelicense survey. Joint users and/or Licensee may
participate in the field inspection at the option of the
Licensor. The administrative processing portion of the
prelicense survey, which includes the processing of the
application, the preparation of the make-ready work orders,
the coordination of work requirements and schedules with joint
users and other attachees and the random field verification of
any field inspection results data developed and furnished to
the Licensor by the Licensee will be performed by the
Licensor.
(a) Before the Licensor performs any portion of the
prelicense survey, the Licensor will advise the
Licensee in writing of the estimated charges that
will apply and receive written authorization and
advance payment, as provided for in Article IV, from
the Licensee (Appendix III, Form B-1). Licensee
shall have 90 days from receipt of Form B-1 to make
the required payment and indicate its written
authorization for completion of the required
prelicense survey and acceptance of the resulting
charges. Failure to respond in the specified period
will result in cancellation of the application.
(b) When the Licensee performs the field inspection
portion of the prelicense survey the field inspection
results data will be furnished to the Licensor in a
format specified by the Licensor and according to
standards of accuracy and completeness satisfactory
to the Licensor. In view of
- 9 -
11/91
12
Licensor's common carrier obligations to maintain
safe, adequate service, Licensor retains the right to
redo the field inspection portion of the prelicense
survey if in the sole judgment of the Licensor the
data furnished by the Licensee does not comply with
the performance standards as prescribed by the
Licensor. The Licensee shall pay the Licensor for
the total expense incurred by the Licensor to redo
the field inspection.
3) Licensor reserves the right to refuse to grant a license for
attachment to a pole or anchor, or utilization of an
anchor/xxx xxxxxx when Licensor determines that the available
capacity on such pole, anchor and/or xxx xxxxxx is required
for its exclusive use or that of a joint user or governmental
entity with pole attachment rights and that the pole, anchor,
or xxx xxxxxx may not reasonably be rearranged or replaced to
accommodate Licensee's communications facilities.
4) In the event Licensor determines that a pole and/or anchor to
which Licensee desires to attach or an anchor/xxx xxxxxx which
Licensee desires to utilize 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 (Form B-1).
Licensee shall have 90 days from the receipt of Form B-1 to
make the required payment and indicate its written
authorization for completion of the required make-ready work
and acceptance of the resulting charges. Failure to respond
in the specified period will result in cancellation of the
application.
5) Make-ready work will be performed by the Licensor following
receipt of the required written authorization and advance
payment from the Licensee. Licensee shall pay the Licensor
for all make-ready work completed in accordance with the
provisions of this Agreement and Licensee shall reimburse the
owners of other facilities attached to such poles and/or
anchors for any expense incurred by them in transferring or
rearranging their facilities to accommodate Licensee's pole
attachments. Licensee shall not be entitled to any monies
paid to the Licensor for pole, anchor or xxx xxxxxx
replacements or for rearrangement of facilities on a pole or
anchor by reason of the use by the Licensor, joint user,
governmental entity or other authorized Licensees of any
additional capacity resulting from such replacement or
rearrangement.
6) License applications received by Licensor from two or more
Licensees for attachment to the same pole, anchor, or
utilization of the same anchor/xxx xxxxxx will be processed by
Licensor in accordance with the procedures detailed in
APPENDIX II.
7) Whenever it is necessary for Licensor to replace its pole to
accommodate Licensee's communications facilities, Licensor
will
- 10 -
11/91
13
grant Licensee the option, where possible and acceptable to
the Licensor and joint user, to become the owner of the pole
and its associated guys and/or anchors, upon payment of all
replacement costs on a fully installed basis. This option is
subject to the further conditions that:
(a) Licensee grants Licensor and any existing joint user or
authorized attachee the right to attach their
respective facilities to such replacement pole and/or
associated anchor upon the same terms and conditions as
set forth in this Agreement, and,
(b) Any governmental entity having attachment rights to
said pole and associated anchor shall be granted
similar attachment rights under the same terms and
conditions as apply to the pole being replaced.
Should Licensee exercise this option and become the owner of
the pole and associated guy strands and/or anchors, it agrees
to maintain the pole and associated guy strands and/or anchors
in a safe and serviceable condition for attachment of Licensor
and joint user facilities for as long as Licensee owns an
interest in the pole.
8) Licensee shall notify Licensor whenever it is necessary for
Licensor to rearrange its existing facilities on a pole or
anchor owned by another party or transfer its facilities to a
replacement pole or anchor owned by another party in order to
accommodate the Licensee. The cost of such rearrangement
and/or transfer will be included in the make ready work for
which Licensee shall pay Licensor.
B) Conduit System
1) When an application for conduit occupancy is submitted by the
Licensee, a prelicense survey by the Licensor will be required
to determine the availability of the conduit system to
accommodate Licensee's communications facilities. Licensor
will advise the Licensee in writing of the estimated charges
that will apply for such prelicense survey and receive written
authorization and advance payment (as provided for in Article
IV) from the Licensee before undertaking such a survey (Form
B-1). A representative of the Licensee may accompany the
Licensor's representative on the field inspection portion of
such prelicense survey. Licensee shall have 90 days from
receipt of Form B-1 to make the required payment and indicate
its written authorization for completion of the required
prelicense survey and acceptance of the resulting charges.
Failure to respond in the specified period will result in
cancellation of the application.
2) License applications received by Licensor from two or more
Licensees for occupancy of the same conduit system will be
processed by Licensor in accordance with the procedures
detailed in APPENDIX II.
- 11 -
11/91
14
3) The Licensor retains the right, in its sole judgment, to
determine the availability of space in a conduit system. In
the event the Licensor determines that rearrangement of the
existing facilities in the conduit system is required before
Licensee's communications facilities can be accommodated,
Licensor will advise the Licensee in writing of the estimated
make-ready charges that will apply for such rearrangement work
(Form B-1). Licensee shall have 90 days from the receipt of
Form B-1 to make the required payment and indicate its written
authorization for completion of the required make-ready work
and acceptance of the resulting charges. Failure to respond
within the specified period will result in cancellation of the
application.
4) Should Licensor or any governmental entity with whom Licensor
has an agreement granting such entity priority access to
and/or occupancy of Licensor's conduit system need, for its
own service requirements, any of the conduit capacity occupied
by Licensee's communications facilities and, if Licensor
advises Licensee that Licensee's communications facilities can
be accommodated otherwise in Licensor's conduit system,
Licensee shall be required to rearrange its communications
facilities in the manner designated by the Licensor and at the
expense of Licensee. If Licensee has not so rearranged its
communications facilities within 60 days of receipt of written
notice from Licensor, Licensor may perform or have performed
such rearrangement without any liability on the part of the
Licensor and Licensee shall be liable for the full costs
thereof.
C) In performing all make-ready work to accommodate Licensee's
communications facilities, Licensor will endeavor to include such work
in its normal work load schedule.
ARTICLE IX
CONSTRUCTION, MAINTENANCE AND REMOVAL OF COMMUNICATIONS FACILITIES
A) Licensee shall, at its own expense, construct and maintain its
communications facilities on poles and/or anchors, and in conduit
systems covered by this Agreement in a safe condition and in a manner
acceptable to Licensor, so as not to physically conflict or
electrically interfere with the facilities attached thereon or placed
therein by the Licensor, joint users, or other authorized licensees.
B) Licensor shall specify the point of attachment on each pole or anchor
to be occupied by Licensee's communications facilities. Where
communications facilities of more than one Licensee are involved,
Licensor will attempt to the extent practical, to designate the same
relative position on each pole or anchor for each Licensee's
communications facilities.
C) Licensee shall notify the Licensor in writing (Appendix III, Form G)
at least 30 days before adding to, relocating, replacing or other-
- 12 -
11/91
15
wise modifying its facilities attached to a pole and/or anchor where
additional space or holding capacity may be required on either a
temporary or permanent basis. Maintaining and/or modifying existing
facilities and installing or removing service connections will not
require prior authorization or notice.
D) The Licensee must obtain prior written authorization from the Licensor
approving of the work and the party performing such work before the
Licensee shall install, remove, or provide maintenance of its
communications facilities in any of Licensor's conduit systems.
Licensor shall not withhold such authorization without good cause.
Licensor retains the right to specify what, if any, work shall be
performed by Licensor at Licensee's expense.
E) In each instance where Licensee's communications facilities are to be
placed in Licensor's conduit system, Licensor shall designate the
particular duct(s) to be occupied, the location and manner in which
Licensee's communications facilities will enter and exit Licensor's
conduit system and the specific location and manner of installation
for any associated equipment which is permitted by Licensor to occupy
the conduit system. Licensor reserves the right to exclude or limit
the type, number and size of Licensee's communications facilities
which may be placed in Licensor's conduit system.
F) Licensor's manholes shall be opened only as permitted by Licensor's
authorized employees or agents. Licensee shall be responsible for
obtaining any necessary authorization from appropriate authorities to
open manholes and conduct work operations therein. Licensee's
employees, agents or contractors will be permitted to enter or work in
Licensor's manholes only when an authorized employee or agent of
Licensor is present or prior written authorization waiving this
requirement is granted by the Licensor. Licensor's authorized
employee or agent shall have the authority to suspend Licensee's work
operations in and around Licensor's manholes if, in the sole
discretion of said employee or agent, any hazardous conditions arise
or any unsafe practices are being followed by Licensee's employees,
agents, or contractors. Licensee agrees to pay Licensor the charges,
as determined in accordance with the terms and conditions of APPENDIX
I, for having Licensor's employee or agent present when Licensee's
work is being done in and around Licensor's manholes. The presence of
Licensor's authorized employee or agent shall not relieve Licensee of
its responsibility to conduct all of its work operations in and around
Licensor's manholes in a safe and workmanlike-manner, in accordance
with the terms of this Agreement.
G) Should Licensor, joint user or governmental entity having pole, anchor
or anchor/xxx xxxxxx accommodation rights, for its own service
requirements, need to attach additional facilities to any poles or
anchors to which Licensee is attached or avail itself of the holding
capacity of an anchor/xxx xxxxxx being utilized by the Licensee,
Licensee will either rearrange its facilities on the pole or anchor or
transfer them to a replacement pole or anchor, as determined by
Licensor so that the additional facilities of Licen-
- 13 -
11/91
16
sor, joint user or governmental entity may be accommodated. The cost
of such rearrangement and/or transfer will be at the sole expense of
the Licensee. If Licensee does not rearrange or transfer its
communications facilities within 30 days after receipt of written
notice from Licensor requesting such rearrangement or transfer,
Licensor or joint user may perform or have performed such
rearrangement or transfer without liability on the part of Licensor or
joint user and Licensee shall be liable for the full costs thereof.
H) Licensee, at its expense will remove its communications facilities
from poles, anchors, or portions of a conduit system within 60 days
after:
(1) termination of the license covering such attachment or conduit
occupancy; or
(2) the date Licensee replaces its existing facilities on a pole
with the placement of substitute facilities on the same pole
or another pole, or replaces its existing facilities in one
duct with the placement of substitute facilities in another
duct.
Licensee shall remain liable for and pay to the Licensor all fees and
charges pursuant to provisions of this Agreement until all of
Licensee's facilities are physically removed from such poles, anchors
and portions of conduit systems.
If Licensee fails to remove its facilities within the specified
period, Licensor shall have the right to remove such facilities at
Licensee's expense and without any liability on the part of the
Licensor for damage to such facilities and/or without any liability
for any interruption of Licensee's services.
I) In the event Licensor desires at any time to abandon any of its poles
on which Licensee has a licensed attachment and is the only attachee,
Licensor shall give Licensee notice in writing to that effect at least
sixty (60) days prior to the date on which Licensor intends to abandon
such pole. At the expiration of said period any license previously
issued to Licensee by Licensor will automatically terminate, and:
1) If no attachments remain on such pole, it shall be removed by
Licensor; or
2) If the Licensor shall have no attachments on such pole but the
Licensee does, Licensor may, without liability, remove
Licensee's attachments from such pole and remove the poles
unless;
a) Licensee presents to Licensor, for its files, a
certified copy of the county's plat book page where
Licensee has recorded its right-of-way to the land
surrounding the pole in question, or
b) Licensee presents to Licensor, for its files, a copy
of the
- 14 -
11/91
17
right-of-way permit issued by the controlling
governmental organization, and
c) Licensee accepts from Licensor and pays a xxxx for
purchase of the pole in question at a price
determined by the Licensor, then,
d) Licensor shall transfer ownership of such pole to
Licensee, and Licensee shall thereafter save harmless
the Licensor from all obligations, liability,
damages, costs, expenses, or charges incurred because
of, or arising out of, the presence or condition of
such pole or any attachments thereto.
J) In the event Licensor desires at any time to abandon any of its poles
on which a joint user has an attachment and on which Licensee has a
licensed attachment, Licensor shall give both parties sixty (60) days
prior notice in writing of such intent, unless the Joint Use Agreement
applicable thereto requires a longer period of notice to the joint
user, who shall be given the notice according to the Agreement terms.
At the expiration of said notification period, any license previously
issued by the Licensor to the Licensee shall automatically terminate,
and:
1) If no attachments remain on such pole, it shall be removed by
Licensor; or
2) If the Licensor shall have no attachments on such pole but the
joint user and Licensee do, Licensor will transfer ownership
of said pole to the joint user in the manner described in the
Joint Use Agreement without further liability to the Licensor;
or
3) If the Licensor shall have no attachments on such pole and the
joint user shall have no attachments on such pole but the
Licensee does, Licensor may, without liability, remove the
pole unless the conditions in 1), 2) a) or b) and c) then d)
above are met.
K) When Licensee's communications facilities are removed from a pole,
anchor or conduit system, no reattachment to the same pole or anchor
or replacement in the same portion of a conduit system shall be made
until:
1) The Licensee has first complied with all of the provisions of
this Agreement as though no such pole or anchor attachment or
conduit occupancy had previously been made, and
2) All outstanding charges due Licensor for such previous
attachment and/or occupancy have been paid in full.
L) Licensee shall advise Licensor in writing as to the date on which the
removal of its communications facilities from each pole, anchor,
and/or portion of conduit system has been completed.
- 15 -
11/91
18
ARTICLE X
TERMINATION OF LICENSES
A) Any license issued under this Agreement shall automatically terminate
when Licensee ceases to have authority to construct and operate its
communications facilities on public or private property at the
location of the particular pole, anchor, xxx xxxxxx or portion of
conduit system covered by the license.
B) Licensee may at any time terminate its license with respect to the
attachment to a pole or anchor, utilization of an anchor/xxx xxxxxx or
occupancy of a portion of conduit system and remove its communications
facilities by giving Licensor written notice of such intention
(Appendix III, Forms E & F). Once Licensee's communications
facilities have been removed they shall not be reattached to such pole
or anchor, utilize such anchor/xxx xxxxxx or occupy the same portion
of a conduit system until Licensee has complied with all provisions of
this Agreement as though no previous license has been issued.
ARTICLE XI
INSPECTION OF LICENSEE'S COMMUNICATIONS FACILITIES
A) Licensor reserves the right to make periodic inspections of any part
of Licensee's communications facilities attached to Licensor's poles,
anchors, or occupying Licensor's conduit system, and Licensee shall
reimburse Licensor for the expense of such inspections as specified in
APPENDIX I.
B) The frequency and extent of such inspection by Licensor will depend
upon Licensee's performance in relation to the requirements of
ARTICLES V, VII and IX herein.
C) Licensor will give Licensee advance written notice of such
inspections, except in those instances where, in the sole judgment of
Licensor, safety considerations justify the need for such an
inspection without the delay of waiting until a written notice has
been forwarded to Licensee.
D) The making of periodic inspections or the failure to do so shall not
operate to impose upon Licensor any liability of any kind whatsoever
nor relieve Licensee of any responsibility, obligations or liability
assumed under this Agreement.
ARTICLE XII
UNAUTHORIZED ATTACHMENT, UTILIZATION, OR OCCUPANCY
A) If any of Licensee's communications facilities shall be found
- 16 -
11/91
19
attached to poles or anchors, utilizing anchor/guy strands or
occupying conduit systems for which no license is outstanding, or is
outside those political entities listed on the Title Page or any
Amendments subsequent to the date of this License Agreement, Licensor,
without prejudice to its other rights or remedies under this Agreement
including termination of licenses of this Agreement, may impose a
charge and require Licensee to submit in writing, within 15 days after
receipt of written notification from Licensor of the unauthorized
attachment, utilization, or conduit occupancy, a pole or anchor
attachment, anchor/xxx xxxxxx utilization, or conduit occupancy
license application, or the necessary documentation to initiate an
Amensment to this License Agreement to incorporate the additional
service area(s). If such application is not received by the Licensor
within the specified time period, Licensee may be required at
Licensor's option to remove its unauthorized attachment or occupancy
or cease its unauthorized utilization within 60 days of the final date
of submitting the required application, or Licensor may at Licensor's
option remove Licensee's facilities without liability, and the expense
of such removal shall be borne by Licensee.
B) For the purpose of determining the applicable charge, any unauthorized
pole or anchor attachment, anchor/xxx xxxxxx utilization or conduit
system occupancy shall be treated as having existed for a period of 2
years prior to its discovery or for the period beginning with the
effective date of this License Agreement, whichever period shall be
the shorter.
The fees and charges as specified in APPENDIX I, shall be due and
payable forthwith whether or not Licensee is permitted to continue the
pole or anchor attachment, anchor/xxx xxxxxx utilization or conduit
occupancy.
C) No act or failure to act by Licensor with regard to said unlicensed
use shall be deemed as a ratification of the unlicensed use; and if
any license should be subsequently issued, said license shall not
operate retroactively or constitute a waiver by Licensor of any of its
rights or privileges under this Agreement or otherwise; provided,
however, that Licensee shall be subject to all liabilities,
obligations and responsibilities of this Agreement in regards to said
unauthorized use from its inception.
ARTICLE XIII
SECURITY INTEREST
Should Licensor under any applicable Article of this Agreement remove
Licensee's facilities from the poles, anchors, or conduit systems covered by
this Agreement, Licensor will deliver to Licensee the facilities so removed
upon payment by Licensee of the cost of removal, storage and delivery, and all
other amounts due Licensor. At anytime, licensee, upon request of Licensor,
shall grant Licensor a security interest in all of Licensee's communications
facilities now or hereafter attached to poles, anchors, or placed in conduit
systems pursuant to this Agreement, and Licensee agrees to perform all acts
necessary to perfect Licensor's security interest under the terms of the
Uniform commercial Code, or applicable lien or security laws then in effect.
If the terms of Licensee's loan agreements and debentures preclude the grant of
liens or
- 17 -
11/91
20
security interests to Licensor, Licensee shall grant to Licensor, at anytime,
upon Licensor's request, other permissible assurance of security for
performance satisfactory to Licensor to cover any such aforementioned amounts
due Licensor. Nothing in this Article shall operate to prevent Licensor from
pursuing, at its option, any other remedies under this Agreement or in law or
equity, including public or private sale of facilities under security interest
or lien.
ARTICLE XIV
LIABILITY AND DAMAGES
A) Licensor shall exercise precaution to avoid damaging the
communications facilities of the Licensee and shall make an immediate
report to the Licensee of the occurrence of any such damage caused by
its employees, agents or contractors. Licensor agrees to reimburse
the Licensee for all reasonable costs incurred by the Licensee for the
physical repair of such facilities damaged by the negligence of
Licensor. However, Licensor shall not be liable to Licensee for any
interruption of Licensee's service or for interference with the
operation of Licensee's communications facilities, or for any special,
indirect, or consequential damages arising in any manner, including
Licensor's negligence, out of the use of poles, anchors, guy strands,
or conduit systems or Licensor's actions or omissions in regards
thereto and Licensee shall indemnify and save harmless Licensor from
and against any and all claims, demands, causes of action, costs and
attorneys' fees of whatever kind resulting therefrom.
B) Licensee shall exercise precaution to avoid damaging the facilities of
Licensor and of others attached to poles, anchors, or occupying a
conduit system and shall make an immediate report to the owner of any
and all direct and indirect loss from such damage caused by Licensee's
employees, agents or contractors.
C) Licensee shall indemnify, protect and save harmless the Licensor,
Licensor's other licensees, and joint users from and against any and
all claims, demands, causes of action, damages and costs, including
attorney's fees, incurred by the Licensor, the Licensor's other
licensees and joint users as a result of acts by the Licensee, its
employees, agents or contractors, including but not limited to the
cost of relocating poles, anchors, guys, or conduit system resulting
from a loss of right-of-way or property owner consents and/or the cost
of defending those rights and/or consents.
D) The Licensee shall indemnify, protect and save harmless the Licensor,
Licensor's other licensees, and joint users from and against any and
all claims, demands, causes of actions and costs, including attorneys'
fees, for damages to property and injury or death to persons,
including but not limited to payments under any Worker's Compensation
Law or under any plan for employee's disability and death benefits,
which may arise out of or be caused by the erection, rearrangement,
maintenance, presence, use or removal of Licensee's
- 18 -
11/91
21
facilities, or by their proximity to the facilities of all parties
attached to a pole, anchor and/or guy, or placed in a conduit system,
or by any act or omission of the Licensee's employees, agents or
contractors on or in the vicinity of the Licensor's poles, anchors,
guys or conduit system.
E) The Licensee shall indemnify, protect and save harmless the Licensor,
Licensor's other licensees, and joint users from any and all claims,
demands, causes of action and costs, including attorneys' fees, which
arise directly or indirectly from the construction and operation of
Licensee's facilities, including but not limited to taxes, special
charges by others, claims and demands for damages or loss from
infringement of copyright, for libel and slander, for unauthorized use
of television or radio broadcast programs and other program material,
and from and against all claims, demands and costs, including
attorney's fees, for infringement of patents with respect to the
construction, maintenance, use and operation of Licensee's facilities
in combination with poles, anchors, guys, conduit systems or
otherwise.
F) Licensee shall promptly advise the Licensor of all claims relating to
damage of property or injury to or death of persons, arising or
alleged to have arisen in any manner, directly or indirectly, by the
erection, maintenance, repair, replacement, presence, use or removal
of the Licensee's facilities. Copies of all accident reports and
statements made to Licensee's insurer by the Licensee or others shall
be furnished promptly to the Licensor.
ARTICLE XV
INSURANCE
A) Licensee shall obtain and maintain insurance, including endorsements
insuring the contractual liability and indemnification provisions of
this Agreement, issued by an insurance carrier satisfactory to
Licensor to protect the Licensor, other licensees, and joint users
from and against all claims demands, causes of action, judgments,
costs, including attorneys' fees, expenses and liabilities of every
kind and nature which may arise or result, directly or indirectly from
or by reason of such loss, injury or damage as covered in this
Agreement including ARTICLE XIV preceding.
B) The amounts of such insurance:
1) against liability due to damage to property shall be not less
than $300,000 as to any one occurrence and $500,000 aggregate,
and
2) against liability due to injury or death of persons shall be
not less than $500,000 as to any one person and $1,000,000 as
to any one occurrence.
- 19 -
11/91
22
C) Licensee shall submit to Licensor certificates by each company
insuring Licensee to the effect that it has insured Licensee for all
liabilities of Licensee covered by this Agreement and that it will not
cancel or change any such policy of insurance issued to Licensee
except after 60 days written notice to Licensor.
D) Licensee shall also carry such insurance as will protect it from all
claims under any Worker's Compensation Law in effect that may be
applicable to it.
E) All insurance required in accordance with B) and C) preceding must be
effective before Licensor will authorize attachment to a pole and/or
anchor, utilization of an anchor/xxx xxxxxx or occupancy of a conduit
system and shall remain in force until such Licensee's facilities have
been removed from all such poles, anchors, or conduit system. In the
event that the Licensee shall fail to maintain the required insurance
coverage, Licensor may pay any premium thereon falling due, and the
Licensee shall forthwith reimburse the Licensor for any such premium
paid.
ARTICLE XVI
AUTHORIZATION NOT EXCLUSIVE
Nothing herein contained shall be construed as a grant of any exclusive
authorization, right or privilege to Licensee. Licensor shall have the right
to grant, renew and extend rights and privileges to others not parties to this
Agreement, by contract or otherwise, to use any pole, anchor, guy, or conduit
system covered by this Agreement,
ARTICLE XVII
ASSIGNMENT OF RIGHTS
A) Licensee shall not assign or transfer this Agreement or any license or
any authorization granted under this Agreement and this Agreement
shall not inure to the benefit of Licensee's successors or assigns,
without the prior written consent of Licensor. Licensor shall not
unreasonably withhold such consent,
B) In the event such consent or consents are granted by Licensor, then the
provisions of this Agreement shall apply to and bind the successors and
assigns of the Licensee.
ARTICLE XVIII
FAILURE TO ENFORCE
Failure of Licensor to enforce or insist upon compliance with any of the terms
or conditions of this Agreement or to give notice or declare this Agreement or
any authorization granted hereunder terminated shall not constitute a general
waiver or relinquishment of any term or condition
- 20 -
11/91
23
of this Agreement, but the same shall be and remain at all times in full force
and effect.
ARTICLE XIX
TERMINATION OF AGREEMENT
A) Subject to provisions of Article XVII hereof, should Licensee cease to
provide its communications services in the area covered by this
Agreement, then all of Licensee's rights, privileges and
authorizations under this Agreement, including all licenses issued
hereunder, shall automatically terminate as of the date following the
final day that such communications services are provided.
B) Licensor shall have the right to forthwith terminate this entire
Agreement or any license issued hereunder whenever Licensee is in
default of any term of this Agreement, including, but not limited to,
the following conditions:
(1) If Licensee's communications facilities are used or maintained
in violation of any law or in aid of any unlawful act or
undertaking; or
(2) If Licensee attaches to any poles and/or anchors, utilizes any
anchor/guy strands, or occupies any portion of a conduit
system without having first been issued a license therefor; or
(3) If any authorization which may be required of the Licensee by
any governmental or private authority for the construction,
operation, and maintenance of the Licensee's communications
facilities is denied or revoked; or
(4) If the insurance carrier shall at any time notify Licensor or
Licensee that the policy or policies of insurance, required
under ARTICLE XV hereof, will be cancelled or changed and if
in the sole judgment of Licensor the requirements of ARTICLE
XV will no longer be satisfied, this Agreement may be
terminated upon the effective date of such cancellation or
change.
C) Licensor will promptly notify the Licensee in writing of any
condition(s) applicable to B) above. Licensee shall take immediate
corrective action to eliminate any such condition(s) and shall confirm
in writing to Licensor within 30 days following receipt of such
written notice that the cited condition(s) has (have) ceased or been
corrected. If Licensee fails to discontinue or correct such
conditions and fails to give the required confirmation, Licensor may
immediately terminate this Agreement,
D) In the event of termination of this Agreement or any of Licensee's
rights, privileges or authorizations hereunder, Licensee shall remove
its communications facilities from Licensor's poles, anchors and
conduit system within six months from the date of termination;
provided, however, that Licensee shall be liable for and pay all
- 21 -
11/91
24
fees and charges pursuant to terms of this Agreement to Licensor until
Licensee's communications facilities are actually removed from
Licensor's poles, anchors and conduit system.
E) If Licensee does not remove its communications facilities from
Licensor's poles, anchors and conduit system within the applicable
time periods specified in this Agreement, Licensor shall have the
right to remove them at the expense of Licensee and without any
liability on the part of Licensor to Licensee therefor.
F) In the event any of the arrangements, fees and charges provided for
under this Agreement are hereafter offered under tariff filed by
Licensor and in effect with a regulatory commission, this Agreement
with respect to those arrangements, fees and charges shall terminate
and shall be superseded by said tariff. Said termination is to become
effective on the day preceding the day when said tariff becomes
effective, and in such event with respect to those arrangements, fees
and charges not included in said tariff, the Licensee may at its
option within 60 days from the effective date of said tariff terminate
this Agreement.
ARTICLE XX
TERM OF AGREEMENT
A) Unless sooner terminated as herein provided, this Agreement shall
continue in effect for a term of one year from the date hereof, and
thereafter until either party hereto terminates this Agreement by
giving the other party at least six months prior written notice
thereof. Such six months notice of termination may be given to take
effect at the end of the original one year period or thereafter.
B) Termination of this Agreement or any licenses issued hereunder shall
not affect Licensee's liabilities and obligations incurred hereunder
prior to the effective date of such termination.
ARTICLE XXI
NOTICES
All written notices required under this Agreement shall be given by posting
the same in first class mail to Licensee as follows:
(Name) Xxxxx Xxxxxx
(Title) President
(Company) BEACH CABLE
(Address) P.O. Box 2462
(City, State and Zip Code) Xxxxxx Xxxx, Xxxxxxx 00000
(Telephone) (000) 000-0000
- 22 -
11/91
25
and to Licensor as follows:
(Name) R. E. Christian, Jr.
(Title) License Agreement Coordinator
(Company) Southern Xxxx Tel. & Tel. Co.
(Address) 000 X. Xxx Xxxxxx - 21JJ1 SBT
(City, State, and Zip Code) Xxxxxxxxxxxx, Xxxxxxx 00000
or to such address as the parties hereto may from time to time specify in
writing.
ARTICLE XXII
SUPERSEDURE OF PREVIOUS AGREEMENT(S)
This Agreement supersedes all previous agreements, whether written or oral,
between Licensor and Licensee for attachment and maintenance of Licensee's
communications facilities on poles, anchors, and in conduit systems within the
geographical area covered by this Agreement; and there are no other provisions,
terms or conditions to this Agreement except as expressed herein. All
currently effective licenses heretofore granted pursuant to such previous
agreements shall be subject to the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first above written.
BELLSOUTH TELECOMMUNICATIONS, INC.
-----------------------------------------
Name of Licensor
/s/ Xx X. Xxxxxxx BY: /s/ X.X. Xxxxxxx
---------------------------- -------------------------------------
Witness Signature
/s/ Xxxxx X. Xxxxxxx Its: Vice President - Network
---------------------------- ------------------------------------
Witness Operations/South
------------------------------------
Title
BEACH CABLE
-----------------------------------------
Name of Licensee
(Seal) BY: /s/ Xxxxx Xxxxxx
---------------------------- -------------------------------------
Attest Signature
/s/ Xxxxxxxxx Xxxxxxx Its: President
---------------------------- ------------------------------------
Witness Title
-23 -
7/92
26
APPENDIX I
***INFORMATION IN THIS APPENDIX HAS BEEN
OMITTED PURSUANT TO A REQUEST FOR
CONFIDENTIAL TREATMENT. THE OMITTED
PORTIONS HAVE BEEN FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE
COMMISSION.***
27
FLTV930023
Appendix 1
Page 1 of 3
APPENDIX 1
SCHEDULE OF FEES AND CHARGES
THIS APPENDIX 1, effective January 1, 1998, is an integral part of the
License Agreement between BellSouth Telecommunications, Inc. (Licensor) and
Beach Cable, Inc. (Licensee), dated September 15, 1993, and contains the fees
and charges governing the use of Licensor's poles, anchors and conduit systems
by Licensee's communications facilities in Panama City.
A) Attachment, Utilization, and Occupancy Fees
1) General
a) Attachment, utilization, and occupancy fees commence of
the first day of the calendar month following the date
the License is issued for such attachment, utilization or
occupancy. Such fees cease as of the final day of the calendar
month preceding the month in which the attachment or occupancy
is physically removed or the utilization is discontinued.
b) A one month minimum is applicable for all attachment,
utilization and occupancy accommodations.
c) Fees shall be payable annually on the first day of July.
d) The total attachment and occupancy fees due hereunder, shall
be based upon the number of poles, anchors and duct feet
of conduit for which licenses have been issued before the first
day of July each year. Each annual payment shall include a
proration of the monthly attachment and occupancy charges
applicable for attachments and occupancy initially authorized by
the Licensor during the preceding twelve (12) month period.
e) In the event any of the arrangements, fees and charges provided
for under this Agreement are hereafter offered under
tariff filed by Licensor and in effect with a regulatory
commission, this Agreement with respect to those arrangements,
fees and charges shall terminate and shall be superseded by said
tariff. Said termination is to become effective on the day
preceding the day when said tariff becomes effective.
28
FLTV930023
Appendix 1
Page 2 of 3
2) Fees
Licensee shall pay to Licensor the following fees:
POLE AND/OR ANCHOR ACCOMMODATIONS
ANNUAL FEE
Per pole/anchor attached [____]
CONDUIT OCCUPANCY ACCOMMODATIONS
ANNUAL FEE
Per foot of duct occupied [____]
i) For the purpose of determining the duct feet chargeable, the duct
considered occupied shall be measured from the center to center of
adjacent manholes, or from the center of a manhole to the end of a
duct not terminated in a manhole.
ii) The above rates are not applicable for crossings of any navigable
waterway or special construction situations. Rates for such
crossings will be calculated on an individual case basis.
29
FLTV930023
Appendix 1
Page 3 of 3
B) Charges
1) Computation
Charges for all work performed by Licensor or by it
authorized representative in connection with the furnishing of
pole, anchor and conduit system accommodations as covered by
this Agreement shall be based upon the full cost, plus [___] of
such amount, to the Licensor for performance of such work. Such
charges will apply for, but not be limited to, prelicense
survey, make-ready work, inspection and removal of Licensee's
communications facilities and supervision, at the option of the
Licensor, of Licensee performed work in and around the immediate
vicinity of a conduit system or pole.
2) Pole and/or Anchor Replacements
The charge for replacement of a pole, or anchor required
to accommodate Licensee's communications facilities, in
accordance with ARTICLE VIII, A) 7) shall be based on Licensor's
fully installed costs less salvage value, if any.
C) Payment Date
Failure to pay all fees and charges within 30 days after
presentment of the xxxx therefor or on the specified payment date,
whichever is later, shall constitute a default of this Agreement.
Licensee: Licensor:
Beach Cable, Inc. BELLSOUTH TELECOMMUNICATIONS, INC.
By: /s/ Xxxxx Xxxxxxxx By /s/ X. X. Xxxxxxxxx, Xx.
-------------------------- --------------------------------
(Signature)
Its General Manager Its Network Vice President
-------------------------- -------------------------------
(Title)
Witness: /s/ Xxxxx Xxxxxx Witness: /s/ Xxxxx X. Xxxxxxx
--------------------- --------------------------
Witness: Witness: /s/ Xxxxxxxx X. Xxxxxxxx
--------------------- --------------------------
30
Appendix II
31
APPENDIX II
PROCEDURE FOR PROCESSING MULTIPLE POLE AND/OR ANCHOR ATTACHMENT,
ANCHOR/XXX XXXXXX UTILIZATION AND CONDUIT OCCUPANCY LICENSE APPLICATION
THIS APPENDIX II, effective as of ______________________, is an integral part
of the License Agreement between BellSouth Telecommunications, Inc. (Licensor)
and Beach Cable, Inc., (Licensee) dated _________________________ and contains
the procedure for processing multiple License applications.
A) MULTIPLE APPLICANTS
Applications received from multiple applicants for the same pole,
anchor, anchor/xxx xxxxxx or conduit system will be classified as
follows:
1) simultaneous - received by the
Licensor on the same business
day.
2) non-simultaneous - received by the
Licensor on different business
days.
B) PROCESSING
1) simultaneous applications - Processing of simultaneous
applications will be
done concurrently.
Authorization for attachment,
utilization or occupancy will
be granted simultaneously to
all multiple applicants
involved.
2) non-simultaneous application - Initial applicant will be
offered the following
Options in writing immediately
following receipt, by the
Licensor, of an
application(s). Copies of
such written notification to
the initial applicant will be
sent to the additional
applicant(s).
Option 1 - Application(s) of the initial applicant will be processed on
the basis that there is no application on file from another
applicant for the same pole, anchor, anchor/xxx xxxxxx or
conduit system.
Option 2 - Application(s) of initial applicant and additional
applicant(s) will be processed in accordance with B) 1)
preceding.
- 1 -
7/92
32
APPENDIX II
3) Initial Applicant
All work in progress on application(s) filed by an
initial applicant will be suspended by the Licensor from the
date of its written notification as required in 2) preceding
until the initial applicant notifies the Licensor, in writing,
of the Option it elects. Such written notification, by the
initial applicant will be required no later than 20 days
following its receipt of the aforementioned notification from
the Licensor; otherwise the Licensor will deem the initial
applicant to have elected Option 1. Licensor will notify the
additional applicant(s), in writing, of the Option elected by
the initial applicant.
4) Additional Applicant(s)
Option 2 will be subject to acceptance by all multiple
applicants involved. The additional applicant(s) will have 10
days from receipt of written notification from the Licensor
advising that the initial applicant has selected Option 2, to
accept or reject by written notification to the Licensor the
conditions applicable to simultaneous attachment, utilization
or occupancy; otherwise the Licensor will deem the additional
applicant(s) to have rejected acceptance of treatment as
simultaneous applicants.
C) CONDITIONS APPLICABLE TO SIMULTANEOUS APPLICATIONS:
1) Field Inspection
The field inspection will be performed by a representative of
the Licensor, unless by mutual agreement the parties agree
that individually or collectively the Licensees will be
responsible for completion of the required inspection, to
determine the make-ready work necessary to accommodate
attachment or utilization of their respective communications
facilities on a simultaneous basis. Field inspections for
conduit occupancy applications will be performed by a
representative of the Licensor.
a) If multiple applicants choose Option 2 and wish to be
responsible for the associated field inspection, such
indication must be included in the written
notification required by Appendix II B) 3) and B) 4)
preceding.
b) Field inspection results data must comply with
Article VIII A) 2) a) of this Agreement.
2) Make-Ready Work
Multiple applicants must develop a mutually agreeable order of
pole, anchor, anchor/xxx xxxxxx or conduit system availability
and overall make-ready work completion schedule.
a) When multiple applicants cannot reach such mutual
agreement within 15 days from receipt of written
notification from the Licensor of the estimated
charges for the required make-ready
- 2 -
11/91
33
APPENDIX II
work, the Licensor may at its option offer as an
alternative to complete the total make-ready work
required for all multiple applicants before
simultaneously granting attachment, utilization or
occupancy authorization for all multiple applications
involved.
b) Any multiple applicant who fails to agree to the
alternative arrangement will be considered by the
Licensor to have cancelled its application(s)
relative to the poles, anchors, anchor/guy strands or
conduit systems involved on pending applications of
another applicant(s).
3) Costs
Each multiple applicant will be charged an equal share of the
total actual make-ready costs incurred by the Licensor to
accommodate simultaneous attachment, utilization or occupancy
by the multiple applicants.
C) CONDITIONS APPLICABLE TO NON-SIMULTANEOUS APPLICATIONS
1) Field Inspection
Field inspections will be performed by a
representative of the Licensor, unless by mutual
agreement a Licensee agrees to be responsible for
completion of his respective field inspection, to
determine the make-ready work necessary to
accommodate attachment, utilization or occupancy of
the respective communications facilities.
a) If multiple applicants are involved and
either party chooses Option 1, the field
inspections will be made separately. If
either applicant wishes to be responsible for
their associated field inspection, such
indication must be included in the written
notification required by Appendix II B) 3) or
B) 4) or in the original application required
by Article VIII A) 1) of this Agreement.
b) Field inspection results data must comply
with Article VIII A) 2) b) of this Agreement.
c) Field inspection results developed by a
multiple applicant in accordance with Article
VIII A) 2) (b), must be submitted to the
Licensor within 30 days of the most recent
date upon which the applicant's pending
application(s) have been classified as
non-simultaneous. Failure of an applicant to
comply with this requirement will be
considered by the Licensor as a cancellation
of the application(s) involved.
2) Pre-License Survey costs
Each multiple applicant will be charged the
applicable prelicense survey costs incurred by the
Licensor relative to a determination
- 3 -
11/91
34
APPENDIX II
of the make-ready work required to accommodate
attachment, utilization or occupancy of the
individual applicant's communications facilities on a
non-simultaneous basis.
3) Make-Ready Completion Schedule
The date of receipt (earliest taking precedence) by
the Licensor of applications filed in accordance with
Article VII B) will determine the priority of
make-ready work completion by the Licensor. Any
change in priority of pole, anchor, anchor/xxx xxxxxx
or conduit availability will require an appropriate
change in make-ready work completion of the
application(s) involved and be subject to the
Licensor's ability to accommodate the specific
change(s) required in its established work schedule.
4) Make-Ready Work Costs
Make-ready work costs will be allocated as follows:
a) The initial applicant will be charged the
total cost incurred by the Licensor to
accommodate the attachment, utilization or
occupancy of the initial applicant's
communications facilities on poles, anchors
or in conduits on a non-simultaneous basis.
b) The additional applicant(s) will be charged
the total cost incurred by the Licensor to
accommodate the attachment, utilization or
occupancy of the additional applicant's
communications facilities on poles, anchors
or in conduits for which prior attachment,
utilization or occupancy authorization has
been granted to another applicant.
E) PRE-LICENSE SURVEY COMPLETION - LICENSOR
In performing all field inspections and associated
administrative processing for which it may be responsible, the
Licensor will endeavor to include such work in its normal work
load schedule.
F) CHANGES IN APPENDIX
This Appendix may be changed in whole or in part at any time
during the term of this Agreement at the sole option of the
Licensor upon the giving of not less than 60 days written
notice thereof to the Licensee and to substitute in place
thereof such other provisions as the Licensor may deem
necessary as relative to multiple attachments to poles and
anchors, utilization of anchor/guy strands or conduit
occupancy of the Licensor.
- 4 -
11/91
35
APPENDIX II
BEACH CABLE BELLSOUTH TELECOMMUNICATIONS, INC.
---------------------------------- ----------------------------------
Name of Licensee Name of Licensor
By: /s/ Xxxxx Xxxxxx BY: /s/ X. X. Xxxxxxx
------------------------------- -----------------------------------
Signature Signature
Its: President Its: Vice President - Network
---------------------------- ----------------------------------
Title Operations/South
----------------------------------
Title
Attest: (Seal) Witness: /s/ Xx X. Xxxxxxx
--------------------------- --------------------
Witness: /s/ Xxxxxxxxx Xxxxxxx Witness: /s/ Xxxxx X. Xxxxxxx
------------------------- ---------------------
- 5 -
7/92
36
APPENDIX III
37
APPENDIX III
ADMINISTRATIVE FORMS AND NOTICES
THIS APPENDIX III, effective as of __________________________, is an integral
part of the License Agreement between BellSouth Telecommunications, Inc.
(Licensor), and Beach Cable, Inc. (Licensee), dated ___________________ and
contains the administrative forms governing the use of Licensor's poles,
anchors, guy strands, and conduit system by Licensee's communications
facilities.
INDEX OF ADMINISTRATIVE FORMS
Application and Pole Attachment License A-1
Pole, Anchor and Xxx Xxxxxx Details X-0
Xxxx Xxxxxx Xxxx X-0
Authorization for Prelicense Survey and/or Make-Ready Work B-1
Itemized Estimate - Pole, Anchor and/or Xxx Xxxxxx C-1
Make-Ready Work Charges
Itemized Estimate - Conduit Make-Ready Work and C-2
Charges
Summary Estimate - Pole Attachment/Conduit Occupancy C-3
Application and Conduit Occupancy License D-1
Conduit System Diagram D-2
Cable to Occupy Conduit D-3
Equipment Housings to be Placed in Manholes D-4
Notification of Surrender or Modification of Pole E
Attachment License by Licensee
Notification of Surrender or Modification of Conduit F
Occupancy License by Licensee
7/92
38
Form A-I APPENDIX III
1 of 2
BEACH CABLE
-----------
APPLICATION AND POLE ATTACHMENT LICENSE (Name of Licensee)
--------------------------------------- 0000 Xxxxx Xxxxx Xxxx Xxxxx X
-----------------------------
(Street Address)
Panama City Beach, Florida
--------------------------
(City and State)
-------------------------------
(Date)
DISTRICT ENGINEER
NETWORK OPERATIONS
BELLSOUTH TELECOMMUNICATIONS, INC.
-----------------------------
-----------------------------
In accordance with the terms and Conditions of the License Agreement
between us, dated ____________________, 19__, application is hereby made for a
nonexclusive license to attach communication facilities to ______ poles,
anchors, and/or utilize anchor/guy strands, as indicated on the attached sketch
and Form A-2. This request will be designated:
POLE ATTACHMENT (P.A.) Application No. P.A. ______________ (1), located
________________________________________________________________________________
Licensee hereby requests Licensor to provide the following estimate(s)
of the Cost to Complete the required prelicensing survey work (indicate by
initialing). Such estimate(s) does (do) not bind the Licensee to acceptance of
Licensor's completion of the Field Inspection portion of the prelicense survey:
___ Administrative Processing (Licensee wishes to
conduct Field Inspection)
___ Administrative Processing and Field Inspection
Please initiate a Form B-1 for this application.
By: /s/ Xxxxx Xxxxxx
------------------------------------
(Signature of authorized person)
Its: President
-----------------------------------
(Title of authorized person)
Tel. No.
-------------------------------
(1) Individual applications to be numbered in sequential ascending order
by Licensee for each License Agreement. Licensor will process applications
in sequential ascending order according to the application numbers assigned
by the Licensee.
7/92
39
Appendix III
Form A-I
2 of 2
Application and Pole Attachment License (continued)
The above referenced License _______________ is hereby granted to attach the
communications facilities described in this application to ________________
poles, _____________________ anchors, and or utilize ________________________
anchor/guy strands, as indicated on the attached Form A-2. Southern Xxxx
authorization has been assigned to this request. A copy of Form(s)
______________ is/are attached for you files.
By:
-----------------------------------
District Engineer
-----------------
Tel. No.
-----------------------------
Date
----------------------------------
40
Appendix III
Page _____ of ______
Form A-2
--------------------------
(Licensee)
-------------------------- -------------------------------------------
(P.A. Applic. No.) (Area) (1)
POLE, ANCHOR AND XXX XXXXXX DETAILS
------------------------------------------------------------------------------------------------------------------------
LICENSEE (2) LICENSOR
------------------------------------------------------------------------------------------------------------------------
Pole No. (4) Location (5) Make-Ready Anchor A/GS Attachments License License
Required (6) Use (7) Use (8) (9) No. Date
------------------------------------------------------------------------------------------------------------------------
1.
------------------------------------------------------------------------------------------------------------------------
2.
------------------------------------------------------------------------------------------------------------------------
3.
------------------------------------------------------------------------------------------------------------------------
4.
------------------------------------------------------------------------------------------------------------------------
5.
------------------------------------------------------------------------------------------------------------------------
6.
------------------------------------------------------------------------------------------------------------------------
7.
------------------------------------------------------------------------------------------------------------------------
8.
------------------------------------------------------------------------------------------------------------------------
9.
------------------------------------------------------------------------------------------------------------------------
10.
------------------------------------------------------------------------------------------------------------------------
11.
------------------------------------------------------------------------------------------------------------------------
12.
------------------------------------------------------------------------------------------------------------------------
13.
------------------------------------------------------------------------------------------------------------------------
14.
------------------------------------------------------------------------------------------------------------------------
15.
------------------------------------------------------------------------------------------------------------------------
16.
------------------------------------------------------------------------------------------------------------------------
17.
------------------------------------------------------------------------------------------------------------------------
18.
------------------------------------------------------------------------------------------------------------------------
19.
------------------------------------------------------------------------------------------------------------------------
20.
------------------------------------------------------------------------------------------------------------------------
41
[POLE SURVEY FORM
APPEARS HERE]
42
APPENDIX III
Form B-I
1 of 2
AUTHORIZATION FOR PRELICENSE SURVEY AND/OR MAKE-READY WORK
DISTRICT ENGINEER
NETWORK OPERATIONS
------------------------------- -----------------------------------
LICENSEE -----------------------------------
The following is a summary of the estimated charges for:
Pole Attachment Application No. P.A. -
----- ------
Conduit Occupancy Application No. C.O. -
----- ------
Located:
-----------------------------------------------------------------------
PRELICENSE SURVEY:
Hours Rate/Hour + % Total
----- --------- --- -----
Pole
----
Field Inspection (If requested) $
-------- ------------ ------ -------
*Summary Estimate
-------- ------------- ------ -------
*Itemized Estimate
-------- ------------- ------ -------
*Includes Administrative
Processing
Conduit
-------
**Summary Estimate
-------- ------------- ------ -------
**Itemized Estimate
-------- ------------- ------ -------
**Includes Field Inspection and
Administrative Processing
If you wish us to complete the required survey work, please forward a
check in the amount of $ _______ for a Summary Estimate or $______________ for
an Itemized Estimate.
If you have chosen to conduct the Field Inspection portion of the pole
survey, you may proceed with the inspection and forward inspection details to
us upon your completion of the inspection along with a check in the amount of
$_____________ for a Summary Estimate or $______________ for an Itemized
Estimate.
Upon completion of this work the above estimate will be adjusted to
reflect the actual costs incurred.
------------------------- -------------
District Engineer Date
11/91
43
APPENDIX III
Form B-I
2 of 2
Authorization For Prelicense Survey and/or Make-Ready Work (Continued)
Attached is a check in the amount of $_____________________ for the following:
________ Prelicense Survey
________ Summary Estimate
________ Itemized Estimate
You are hereby authorized to proceed with the work necessary to
furnish us a make-ready cost estimate.
________ Prelicense Field Survey prepared by Licensee is attached.
------------------------------- -----------
Authorized Representative Date
of Licensee
The attached Form(s) ________________ indicate(s) the total estimated cost
for the above referenced make-ready work.
Should you desire to have this make-ready work accomplished please
forward a check to this office in the amount of $____________. Upon completion
of this work, the above estimated amount will be adjusted to reflect the actual
costs incurred.
________No make-ready work ----------------------- -----------
required District Engineer Date
Attached is a check in the amount of $_____________________ for the
above referenced make-ready work. Please proceed with the work.
------------------------------- ----------
Authorized Representative Date
of Licensee
Southern Xxxx make-ready work completed
------------------------------
Date
11/91
44
APPENDIX III
FORM C-1
ITEMIZED ESTIMATE OF POLE MAKE-READY WORK AND CHARGES
Sheet ______ of _______
--------------------------------
LICENSEE
-------------------------------------------- ------------------------
POLE LOCATED in MUNICIPALITY, COUNTY, STATE Date Prepared
------------------------------- ------------------------- ---------------------------
License Application Number Exchange or Wire Center Customer Work Order Number
--------------------------------------------------------------------------------------------------------------------------------
POLE INFORMATION MAKE READY WORK REQUIREMENTS MATERIAL (5) LABOR (6)
--------------------------------------------------------------------------------------------------------------------------------
Licensor Location Rate
Pole No. (1) (2) Description of Work No. & Item Unit Cost Total Hours Hour Total
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
45
EXPLANATION OF COLUMN
(1) Designate pole number by Company
T -- Telephone E -- Electric (Circle Company that
will be Licensor)
(2) Name of Street, Road, Highway, Route, etc.
(3) Work Description, e.g., Lwr 2 Cal' Rse rack 2'
Lwr TOP Ca 1' Pic A&G
Lwr Ca & Term 18' Lwr Fire Alm 1'
Rpl Pole Rse Transf 1'
(4) Indicate Company to perform work operations, e.g., T -- Telephone P -- Pole
E -- Electric M --Municipality
C --CATV O --Other Licensee
F --Fire
T/C -- Optional-Either Telephone or CATV
(5) List Non-exempt Material Only.
(6) Indicate labor hours and costs required to perform work operations
listed in (3).
11/91
46
APPENDIX III
FORM C-2
ITEMIZED ESTIMATE OF CONDUIT MAKE-READY WORK AND CHARGES
-------------------------- Sheet _______ of _______
LICENSEE
------------------------------------------ -------------------------
CONDUIT LOCATED in MUNICIPALITY, COUNTY, STATE Date Prepared
--------------------------------- ---------------------------------- ------------------------------------
License Application Number Exchange or Wire Center Customer Work Order Number
----------------------------------------------------------------------------------------------------------------------------------
Conduit Information Make Ready Work Requirements Material (4) Labor (5)
----------------------------------------------------------------------------------------------------------------------------------
Location Description of Work
------------------------------- (3) Rate/
Street (1) Section (2) No. & Item Unit Cost Total Hours Hour Total
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
47
EXPLANATION OF COLUMN
(1) Name of Street, Road, Highway, Route, etc.
(2) Conduct Section involved, e.g., MH102 to MH103, MH102 to pole 103,
etc.
(3) Work description, e.g., Pump out manhole, rod duct, xxxx duct, clear
duct, replace 100X cable, etc.
(4) List non-exempt material only.
(5) Indicate labor hours and costs required to perform work operation
listed in (3).
11/91
48
Form C-3
APPENDIX III
ITEMIZED ESTIMATE/SUMMARY ESTIMATE
Pole Attachment
----------------------- Application No. ------------------------------------
Licensee ---------------- Date Prepared
Conduit Occupancy
------------------------ Application No. ------------------------------------
Area ---------------- Authorization No.
------------------------ ------------------------------------
Application No. Wire Center or Exchange
Make Ready Hours Rate/Hour Total
---------- ----- --------- -----
Labor $ $
--------- --------- -------------
*Engineering &
Administration --------- $ $
--------- -------------
Material
$
-------------
$
-------------
Subtotal $
+ 10% -------------
Total $
-------------
*Less previous payments
under this authorization $
-------------
Amount due $
-------------
* If this authorization includes the make-ready survey and the
associated payments, Engineering and Administrative costs for the make-ready
survey should be included in the estimated amount above.
11/91
49
APPENDIX III
Form D.1
APPLICATION AND CONDUIT OCCUPANCY LICENSE
----------------------------------
(Name of Licensee)
----------------------------------
(Street Address)
----------------------------------
(City and State)
----------------------------------
(Date)
District Engineer - Network Operations
BellSouth Telecommunications, Inc.
-----------------------------------------------------
-----------------------------------------------------
In accordance with the terms and conditions of the License Agreement
between us, dated ____________, 19__, application is hereby made for a license
to occupy the conduit system shown on Form D-2, with the cable and equipment
detailed on Forms D-3 and D-4. This request will be designated:
CONDUIT OCCUPANCY (C.O.) Application Number CO-_____________ (1)
Licensee hereby requests Licensor to provide an estimate of the cost
to complete the prelicensing survey work. Completion of such estimate does not
constitute Licensee's authorization for completion of the prelicense survey by
Licensor.
By:
-----------------------------------------
(Signature of Authorized Person)
Its:
----------------------------------------
(Title of Authorized Person)
Tel. No.
------------------------------------
The above referenced License _____________________ is hereby granted
to occupy Licensor's conduit system, as indicated on attached Form D-2, with
cable, equipment and facilities specified on the attached Forms D-3 and D-4.
Duct footage this license _______________________.
By:
-----------------------------------------
District Engineer
Tel. No.
------------------------------------
(1) Individual applications to be numbered in sequential ascending order
by Licensee for each License Agreement. Licensor will process
applications in sequential ascending order according to the
application numbers assigned by the Licensee.
50
FORM D-3
APPENDIX III
CABLE TO OCCUPY CONDUIT
-------------------------------------------------------------------------------------------------------
METALLIC MAX
SHEATH OR VOLTAGE
CABLE SHEILD TO GND. MAX CURRENT
DESIGNA- O.D. WT. LBS. ----------- TYPE OF --------- IN ANY TYPE OF
TION INCHES PER FOOT YES | NO CABLE AC | DC CONDUCTOR JACKET
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
1. CABLE DESIGNATION: Assign letter, alphabetically, to each different
type of cable to be installed.
2. O.D. (Inches): Outside diameter of the cable.
3. WT. LBS. PER FOOT: Self-explanatory
4. METALLIC SHEATH OR XXXXXXX: Self-explanatory
5. TYPE OF CABLE: If coaxial cable show number of tubes. If pair cable
show pair size and gauge (e.g., 16-22)
6. MAX. VOLTAGE TO GND.: Self-explanatory
7. MAX. CURRENT IN ANY CONDUCTOR: Self-explanatory
8. TYPE OF JACKET: Enter type of material of the outer jacket or sheath
(Polyethylene, PVC, lead, etc.).
51
EXHIBIT A
---------
[Diagram of Beach Cable Construction Phases Appears Here]
52
APPENDIX III
FORM D-4
EQUIPMENT HOUSING TO BE PLACED IN MANHOLES
---------------- ---------- -------- ----- ------ -------
TYPE HEIGHT WIDTH DEPTH WEIGHT LOCATION
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
---------------- ---------- -------- ----- ------ -------
11/91
53
FORM E
APPENDIX III
(2)Individual applications to be numbered in sequential ascending order by
Licensee for each license application. Licensor will process applications in
sequential ascending order according to the application numbers assigned by the
Licensee.
NOTIFICATION OF SURRENDER OF
POLE ATTACHMENT LICENSE BY LICENSEE
SOUTHERN XXXX TELEPHONE AND TELEGRAPH COMPANY
------------------------------------------------
Xxxxxx Xxxxxxx
------------------------------------------------
Xxxx Xxxxx Zip
------------------------------------------------
Date
In accordance with the terms and conditions of the License Agreement
between us, dated ______________, 19__, notice is hereby given that the license
covering attachments to the following poles is surrendered effective
_____________________.
Pole License No. _________________, Dated __________________, 19__.
Pole No. Date Facilities Removed
-------- -----------------------
-------------------------------
(Name of Licensee)
By:
----------------------------
Title:
-------------------------
--------------------------------------------------------------------------------
Date Notice Received By
--------------------- --------------------------------
Total Poles Discontinued
--------------------------
11/91
54
FORM F
APPENDIX III
NOTIFICATION OF SURRENDER OF
CONDUIT OCCUPANCY LICENSE BY LICENSEE
SOUTHERN XXXX TELEPHONE AND TELEGRAPH COMPANY
------------------------------------------------
Xxxxxx Xxxxxxx
------------------------------------------------
Xxxx Xxxxx Zip
------------------------------------------------
Date
In accordance with the terms and conditions of the License Agreement
between us, dated ______________, 19__, notice is hereby given that the license
covering occupancy of the following conduit is surrendered effective
_____________________.
Conduit License No. _________________, Dated __________________, 19__.
Conduct Location Facility Date Facilities Removed
---------------- -------- -----------------------
-------------------------------------
(Name of Licensee)
By:
----------------------------------
Title:
-------------------------------
--------------------------------------------------------------------------------
Date Notice Received By
--------------------- --------------------------------
Duct Footage Discontinued
--------------------------
11/91
