Overlashing Clause Examples

Overlashing whereby a service provider physically ties its wiring to other wiring already secured to the pole. It is routinely used to accommodate additional strands of fiber or coaxial cable on existing Pole Attachments.

Overlashing. 7.1 Licensee may overlash its Attachments where such activity will not cause the Attachment to become Non-Compliant. Prior to any overlashing that Licensee can reasonably foresee would cause such facilities to become Non-Compliant, Licensee shall notify the Lewes BPW of the Construction Work, and Licensee and the Lewes BPW shall follow the requirements specified in Article 5 herein. If the Lewes BPW determines that overlashing resulted in the Attachment becoming Non-Compliant, then the requirements specified in Article 11 apply. 7.2 There shall be no additional annual Attachment Fee for overlashing of Licensee’s existing facilities by Licensee. 7.3 Licensee shall disclose the identification of any third party that desires to overlash to its facilities on the Lewes BPW’s poles and obtain the Lewes BPW’s approval in writing. Licensee may not overlash to the facilities of a third party on the Lewes BPW’s poles. 7.4 Licensee agrees to remove existing non-working cables from the Lewes BPW’s poles if requested to do so by the Lewes BPW. 7.5 Licensee will notify the Lewes BPW in writing of all new over lashings no later than twenty-five (25) days after the end of the month in which the Attachment was overlashed.

Overlashing. The following provisions will apply to Overlashing: 2.11.1 A Permit shall be obtained for each Overlashing pursuant to Article 6. Absent such authorization, Overlashing constitutes an unauthorized attachment and is subject to the unauthorized attachment fee specified in Appendix A, Item 3. 2.11.2 If Licensee demonstrates that the Overlashing of Licensee’s existing Attachment(s) is required to accommodate additional Attachments of Licensee, District shall not withhold Permits for such Overlashing if it can be done consistent with Paragraph 2.3. Overlashing performed pursuant to this Paragraph 2.11.2 shall not increase the annual attachment fee paid by Licensee pursuant to Appendix A, Item 1. Licensee, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate annual attachment fee for such Overlashed Attachment. 2.11.3 If Overlashing is required to accommodate facilities of a third party, such third party must enter into a license agreement with District and obtain Permits and must pay a separate attachment fee (Appendix A, Item 1) as well as the costs of all necessary Make-Ready Work required to accommodate the Overlashing. No such Permits to third parties may be granted by District allowing overlashing of Licensee’s Attachments unless Licensee has consented in writing to such Overlashing. 2.11.4 Make-Ready Work procedures set forth in Article 7 shall apply, as necessary, to all Overlashing.

Overlashing. The following provisions will apply to Overlashing: 1. Overlashing is subject to the permitting requirements of Article VI. Absent such authorisation, Overlashing constitutes an unauthorised Attachment and is subject to the Unauthorised Attachment fee specified in Appendix A, Item 2. 2. Overlashing performed by or on behalf of the Attaching Utility or its Affiliate shall not increase the Annual Attachment Fee paid by Attaching Utility set forth in Appendix A, Item 1. Attaching Utility or Attaching Utility’s Affiliate, however, shall be responsible for all Make-Ready Work and other charges associated with the Overlashing but shall not be required to pay a separate Annual Attachment Fee for such Overlashed Attachment. 3. If Overlashing is required to accommodate facilities of a third party that is not affiliated with Attaching Utility, such third party must enter into a separate Agreement with Owner Utility and obtain Permits and must pay a separate Attachment Fee (Appendix A, Item 1) as well as the costs of all necessary Make- Ready Work required to accommodate the Overlashing. No such Permits to third parties may be granted by Owner Utility allowing Overlashing of Attaching Utility’s Facilities unless Attaching Utility has consented in writing to such Overlashing. Overlashing performed under this Article II, Paragraph K (3) shall not increase the fees and charges paid by Attaching Utility pursuant to Appendix A, Item 1. Nothing in this Agreement shall prevent Attaching Utility from seeking a contribution from an Overlashing third party to defray fees and charges paid by Attaching Utility. 4. Make-Ready Work procedures set forth in Article VII shall apply, as necessary, to all Overlashing.

Overlashing. A construction method that allows the Municipality to utilize existing Suspension Strand and Cable to place an additional Cable for its own use.

Overlashing. Where Licensee Overlashes its own existing Facilities with additional Facilities of Licensee, no additional fees shall be charged as the annual fees for such Overlashed Attachments by the Licensee onto the attached Licensee's Facilities are included in the Annual Wire-Span Attachment Rate set forth in Exhibit B attached hereto. The same applies to Overlashed Attachments by a party other than the Licensee onto the Licensee's Attachments. Licensee and the third party and the third party's Overlashed Attachments are subject to the requirements set forth in Section 2.10.7 hereof and set forth in Exhibit C attached hereto.

Overlashing. (a) Any Overlashing by Attacher shall comply with Codes and Pole Owner Practices, but shall not be subject to a separate Pole Attachment License Fee. Attacher shall provide 15 days written notice to Pole Owner of plans to overlash and shall include with said notice an engineering plan and specifications of line proposed to be overlashed showing conformity with technical requirements and specifications set forth in Section 8. Within said 15 days, Owner shall notify Attacher and provide specific documentation of the issue if Owner feels in its discretion that there is insufficient capacity on the pole for the overlash, the overlash is inconsistent with applicable engineering practices, or the overlash would compromise the pole’s safety and reliability, in which case Attacher shall modify or otherwise address the issue to the satisfaction of the Owner prior to overlashing. (b) Attacher shall not Overlash to facilities that are no longer in service. Attacher shall remove its facilities that are no longer in service and not abandon such Attachments on Pole Owner’s Poles. (c) Any Overlashing that does not comply with the terms of this Agreement shall be considered an Unpermitted Attachment, subject to the Unpermitted Attachment Fee in Section 10 (d) Any Overlashing that does not conform to the technical requirements and specifications pursuant to Section 8 shall be considered a Safety Violation and the Attacher shall have forty-five (45) days from the date of the Safety Violation Notice to take corrective action. If Attacher fails to take corrective action, Attacher shall pay a Safety Violation Fee for each occurrence of Overlashing that receives a Safety Violation Notice and Pole Owner in its sole discretion may elect to bring such Attachments into compliance by Transfer, removal or Rearrangement of such Attachment, or make such other adjustment as may be necessary, without prior Notice and at Attacher’s expense.

Overlashing. The following provisions apply to Overlashing: 2.11.1 Licensee shall obtain a Permit for each Overlashing, in accordance with the requirements of Article 6. Absent such authorization, Overlashing constitutes an unauthorized Attachment and is subject to removal or, at

Overlashing. The attachment by winding, securing, fastening, lashing, threading, or looping of communication cable onto a cable or messenger wire that already has been affixed to a Pole.