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Pole Attachments - Construction Standards



WHEREAS, Licensee proposes to install fiber optic cable for the purpose of distributing cable television and other telecommunication services to its customers in such allocated territory of the States of Arkansas, Louisiana, Mississippi, and Texas in which both parties operate, and desires to erect and maintain aerial cables, wires and associated appliances in connection therewith, antennas or such other attachments described herein above and also desires to attach or install such cables, wires and appliances to certain facilities of Licensor ("Licensor's facilities") and for which application is made to Licensor on the Application and Permit for Attachment to Facilities attached hereto as Exhibit A (such approved attachments hereinafter referred to as "authorized attachments" or "attachments"); and

WHEREAS, Licensee agrees that this Agreement is limited to the uses specifically stated above and any other use shall be considered a breach of this Agreement.

WHEREAS, subject in all instances to considerations of Licensor's service requirements including considerations of economy and safety, Licensor is agreeable to permit the attachment or installation of Licensee's Authorized Attachments to Licensor's facilities, except where provided otherwise in this Agreement. Additionally, Licensor shall have the right to refuse to issue any permit hereunder whenever Licensor, in its judgment, determines that the issuance of such a permit is not possible for safety, reliability and generally applicable engineering purposes, including the operation of Licensor's distribution or transmission systems.

NOW, THEREFORE, in consideration of the premises, the mutual covenants, terms and conditions herein contained, the parties do hereby mutually covenant and agree as follows:

(a) Licensee's attachments, in each and every location, shall be installed and maintained in accordance with the requirements and specifications of the National Electrical Safety Code, the latest requirements of the Occupational Safety and Health Act of 1970 and in compliance with any lawful rules or orders now in effect or that may hereafter be issued by Licensor or other authority having jurisdiction. If Licensee's attachment is being made to Licensor's pole, the initial location of Licensee's attachments to be made on each pole will be designated by Licensor. Licensee also shall promptly reimburse Licensor all costs in connection with the initial installation or rearrangement of Attachments as outlined in Exhibit C. The location of any attachment may be re-designated by Licensor; and Licensee shall promptly change Licensee's attachment to the re-designated location at Licensee's expense.

(b) Licensee's request for occupancy of conduits shall be submitted on Exhibit A. Licensee will be responsible for bearing all expense associated with the determination of availability and acceptability of allowing occupancy.

(c) Failure of Licensee to comply with this Article of this Agreement shall constitute default of this Agreement on the part of Licensee.

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