HomeMy WebLinkAboutKMC SouthEast Corp
Augusta Richmond GA
DOCUMENT NAME: ~ rn c. ~bs+ COrp
DOCUMENT TYPE:
YEAR:
/905
BOX NUMBER:
FILE NUMBER:
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NUMBER OF PAGES:
J;./u -=#= /c1 t, 99
KMC SOUTHEAST CORP.
994 Explorer Boulevard., Huntsville, AL 35806
(205) 922-1000
Fax: (205) 922-9944
September 25,1995
Mr. Paul Dunbar
Capers, Dunbar, Sanders & Bruckner
1500 First Union Bank Building
699 Broad Street
Augusta, Georgia 30901-1454
Dear Paul:
Pursuant to our conversation, and at your direction, KMC SouthEast Corp. ("KMC")
hereby, formally, makes application for a franchise from the City of Augusta. This
franchise application will follow the outline approved by the City Council.
1.
Name:
Address:
KMC SouthEast Corp.
1620 Route 22 East
Union, New Jersey 07083
Telephone:
C"", Fax:
\ "",
" ".
Federal
Employer
Ident. #:
908-688-0240
908-688-9215
63-1143232
KMC Articles of
Incorporation:
See Exhibit I
2. Detailed statement of the corporation or business entity organization of the
applicant, including but not limited to the following, and to whatever extent
required by the City:
KMC was organized to install fiber optic networks in metropolitan areas for
the purpose of providing competitive access (dedicated and/or special access)
to long distance carriers and large and/or specialized corporate telecommunica-
tions users. Competitive access fills the special niche needs of corporations
desiring high capacity voice, data, video conferencing circuits, and enhanced
services, including frame relay, ATM, Internet and ISDN.
(a) the names and the business addresses of all officers and directors of the
applicant:
Page Two
KMC SouthEast Corp.
1620 Route 22 East, Union, New Jersey 07083
908-688-0240
Harold Kamine*
Andrew D'Amico
Michael McNamarra
President & Secretary
Vice President
Treasurer & Assistant
Secretary .
Assistant Treasurer
Steven Kreider
(*) Sole Owner and Board Member
KMCSouthEast Corp.
994 Explorer Boulevard, Huntsville, Alabama 35806
205-922-1000
G. Scott Brodey .
Chief Operating Officer
KMC SouthEast Corp.
17790 W. Pond Ridge Circle, Gurnee, Illinois 60031
708-265-9210 .
Tricia Breckenridge
Vice President, CAP
Development
(b) the names, and business addresses of all persons and entities having any
share of the ownership of the applicant and the respective ownership
share of each person or entity:
KMC SouthEast Corp.
1620 Route 22 East, Union, New Jersey 07083
Harold Kamine
100% Sole Owner
(c) the names and addresses of any parent or subsidiary of the applicant,
namely, any other business entity owning or controlling applicant in
whole or in part or owned or controlled in whole or in part by the appli-
cant, and a statement describing the nature of any such parent or
subsidiary business entity, including but not limited to cable or telecom-
munications systems owner or controlled by the applicant, its parent,
and subsidiary, and the area served thereby:
None.
(d) a detailed and complete financial statement of the applicant, certified
by an independent certified public accountant, for the fiscal year
immediately preceding the date of the application hereunder" or a letter
or other acceptable evidence in writing from a recognized lending
institution or funding source, addressed to both the applicant and the City
Council, setting forth the basis for a study performed by such lending
institution or funding source, and a clear statement of its intent as a
lending institution or funding source to provide whatever capital shall be
required by the applicant to construct and operate the proposed system
Page Three
in the City, or a statement from an independent certified public account-
ant certifying that the applicant has available sufficient free, net, and
uncommitted cash resources to construct and operate the proposed
system in the City:
See Exhibit II
(e) a detailed financial plan (pro fonna) describing for each year of the fran-,
chise, projected number of subscribers, rates, all revenues, operating
expenses, capital expenditures, depreciation schedules, income state-
ment, and a sources and uses of funds statement:
KMC's network feasibility study, with final cost of construction, is cur-
rently underway and will be completed in two weeks. At that time, a
financial business plan will be provided as Exhibit III.
(f) a statement identifying, by place and date, any other cable system or
telecommunications franchise(s) awarded to the applicant, its parent
or subsidiary; the status of said franchise(s) with respect to completion
thereof; the total cost of completion of such franchised cable or tele.
communications system(s); and the amount of applicant's and its
parent's or subsidiary's resources committed to the completed thereof:
On May 23, 1995, KMC received its franchise from the City of Huntsville,
Alabama. Construction was'begun in July. The network will be in
operation by the first week of November, 1995.
The total cost of the network in Huntsville is expected to be approximately
$5,000,000.
Harold Kamine, President and sole owner of KMC SouthEast Corp., has
personally financed the entire cost of the construction and operation
of the network in Huntsville.
(3) A detailed description of the proposed plan of operation of the applicant which
shall include, but not be limited to, the following:
(a) a description of the cable services and any other telecommunications
services proposed to be provided:
KMC will operate a digital, optical fiber SONET based network which
will feature both cable route diversity and electronic redundancy. The
network will be manned and monitored 24 hours a day, 365 days a
year. With this technology, KMC provides ultimate network monitoring
and maintenance. KMC will provide dedicated access services for the
provision of voice, data, video conferencing circuits and other enhanced
services, such as frame relay, Internet, ATM and ISDN. A description
follows:
Dedicated Access Service - dedicated, private line transmission.
This is an arrangement whereby a customer or other common
carrier uses a dedicated private line facility to access KMC's network.
Page Four
Low Capacity Service (OS-D) - 1 voice channel
A low capacity service provides digital transmission at speeds up to and
including 64 Kbps or, if provided over analog facilities, within the nominal
frequency range of 300 and 3000 Hz.
High Capacity Digital Service (08-1) - 24 individual voice channels
A high capacity digital service provides duplex digital transmission at
rates greater than 64 Kbps and up to and including 1.544 Mbps.
Very Hiah Capacity Digital Service (OS-3) - 672 individual voice channels
A very high capacity digital service provides duplex digital transmission
at rates greater than 2.544 Mbps.
Dark Fiber -
Unlit fiber (without electronics) will be leased.
Resale Services
Reselling other carriers' services originating or terminating at any point
in the United States.
(b) a detailed map indicating all areas proposed to be serviced, and a pro-
posed time schedule for the installation of all equipment necessary to
become operational throughout the entire area to be serviced:
KMC intends to construct its initial network in the downtown business
district, including City/County Government Offices, the Law Enforce-
ment Center, major office buildings, the Augusta Riverfront Center,
Ft. Gordon, The Medical College of Georgia, Paine College, the Augusta
Corporate Center, the Augusta Regional Hospital--and related build-
ings, the Miracle Mile and all other corporate office locations, which
make sense.
KMC's network feasibility (footprint) is underway and will be completed
in two weeks. At that time, a detailed network map will be provided as
Exhibit IV.
(c)
a statement or schedule setting forth all proposed classifications or
rates and charges to be made against subscribers and all rates and
charges as to each of said classifications, including installation
charges, cable service charges, and any other telecommunications
service charges:
""', '..
See Exhibit V - KMC SouthEast Corp. Interstate Domestic Telecom-
munications Services Tariff.
(d) a detailed, informative and referenced statement describing the
actual equipment and operational standards proposed by the
applicant:
Page Five
KMC will operate a digital, optical fiber, SONET based network
which feature both cable route diversity and electronic redundancy,
resulting in a survivable, self-healing route. KMC will purchase
state-of-the-art electronics, such as SONET OC-1-48's, fiber optic
terminals, multiplexing equipment, digital access, cross-connect
and network management systems. Additionally, the fiber will be
all-dielectric, self-supporting (ADSS) cable.
The network will be capable of delivering increased bandwidth,
faster turn-up of services and enhanced network reliability. The
fiber route will offer unequaled speed, signal clarity, reliability,
and flexibility for meeting customer needs. KMC's network up-
time will be 99.999%. Additionally, Automatic Protection
Switching (APS) will be provided on all network electronics.
KMC will operate under the current AT&T and MCI Construction
and Operational Standards.
(e) a copy of the form of any agreement, undertaking, or other instru-
ment proposed to be entered into between the applicant and any
subscriber to cable services:
None.
(f) a detailed statement setting forth in its entirely any and all agree-
ments and undertakings, whether formal or'informal, written, oral,
or implied, existing or proposed to exist between the applicant and
any person, firm or corporation which materially relate or pertain
to or depend upon the application and the granting of this franchise:
None.
4. A copy of any agreement covering the franchise area, if existing between the
applicant and any utility providing for the use of any facilities of the utility, in-
cluding but not limited to pole, lines, or conduits:
See Exhibit VI -
Bell South Pole Attachment Agreement
Conduit Occupancy Agreement
See Exhibit VII-
Georgia Power Pole Attachment Agreement
5. Any other details, statements, supplementary information, or references pertin-
ent to the subject matter of such application which shall be required or reques-
ted by the City, or by any other provision of law:
KMC requests this franchise from the City of Augusta to utilize the public rights-
of-way for the construction of its fiber optic telecommunications network, so
that it can:
o ensure the near-term availability of low cost, high-quality, dedicated
telecommunications services to the City's corporate citizens; and
o establish Augusta's link in the Information Age infrastructure of the
United States.
Page Six
KMC believes that through a significant investment in technology, as described
in 3(d) above, that it will build a true-state-of-the-art telecommunications system
which represents the very best of any present Local Exchange Carrier ("LEC") or
Competitive Access Provider ("CAP") network. Although advanced technology
and service value are significant issues, KMC will place an emphasis on excellent
engineering, post-installation support and ultimate customer service.
Benefits of these features and functions to our customers include:
o increased quality, flexibility and integrity of services inherent to digital,
optical fiber technology;
o increased protection from the LEC's network outages, by acting as a
back-up or diverse vendor, and providing the reliability and service
protection inherent to cable route diversity and one to one electronic
redundancy;
o reduced access charges paid by users to the LEC by introducing
competition into the pricing mechanism; a~d
o reduced service installation and reconfiguration time intervals, in-
creased network up-time to 100%, and improved service efficiency
and responsiveness by increased commitment to customers.
KMC feels that the availability of the special access services, and the other types
of services that it proposes to offer will enhance Augusta's image and the images
of the various building owners in the eyes of corporate America. The availability
of our competitive services will help Augusta retain its present corporate tenants,
as well as attract new one, in the "Information Age" of the 90's and well into the
21 st century.
KMC shall comply with all applicable local, state and federal laws and regulations
and, at its own cost, secure and maintain permits, licenses, land rights and
approvals of third parties necessary for construction, installation, operation and
maintenance of the system. The system will be installed in accordance with
applicable revisions of the National Electrical Safety Code and NEC's Standard
Requirements. All work will be performed in accordance with applicable OSHA
requirements
KMC respectfully requests this franchise as soon as possible so that it can begin
construction of its fiber optic network immediately. If you have any additional questions,
please contact Tricia Breckenridge, Vice President, CAP Development at the Chicago
office at 708-265-9210. Thank you for your consideration.
Si~~
G. Scott Brodey
Chief Operating Officer
GSB:pab
Enclosures
.-/'
I<AMrNE MULTIMEDIA CORPo
17790 West Pond Ridge Circle, Gurnee, IL 60031
Tel. (708) 265-9210 Fax: (708) 265-9211
October 3, 1995
Mr. Drew Goins - Assistant Commissioner of
Public Works & Director of Engineering
City of Augusta
701 Municipal Building
Augusta, Georgia 30911
Dear Drew:
Pursuant to our previous conversations regarding KMC SouthEast Corp.'s request for a
franchise from the City of Augusta, I would like to add an additional comment to our
fonnal application:
KMC SOUTHEAST CORP. ("KMC") WILL CONSTRUCT ITS NETWORK AC-
CORDING TO THE CITY CODE WITH UNDERGROUND REQUIREMENTS.
THAT IS, ITS NETWORK IN THE DOWNTOWN AREA, BOUNDED ON THE
NORTH BY THE RIVER, ON THE SOUTH BY WALTON WAY, ON THE EAST
BY GORDON HIGHWAY AND ON THE WEST BY 15TH STREET WILL BE
CONSTRUCTED UNDERGROUND. ALL OTHER AREAS ON THE NETWORK
WILL BE CONSTRUCTED AERIALLY.
Should there be any further requirements for underground construction, I would
appreciate your notification, and KMC will make the necessary engineering changes.
Thank you for your help in this matter. I look forward to talking with you tomorrow. It is
KMC's intention to provide you with a network map by Monday. We continue to
anticipate approval of this franchise at the next City Council Meeting. After you review
KMC's application. please give me a call at 708-265-9210.
Sincerely,
--
IR.-Of}
Tricia Breckenridge - Vice President
CAP Development
TAB:gwb,
EXHIBIT I
KMC SOUTHEAST CORP.
ARTICLES OF
INCORPORATION
09. 1 e. 9 S
02:S~ PM ~KAMXNE
PO::S
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5tJJU oJDeZaW41'e
Office of the Secretary of State
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PAQB 1
I, IOBID J. PItBBL, 81CJlftARY 01" STAT! OJ' THE &'rAn 01"
DBLDUE, DO ....,..ny CD1'Il'Y 'fD AftACIIBD 18 A 'rlU.Ja AIID CODBCT
COPY 0,. '1'BB c:lRrIPICAD OP mCOJUlORA1'ICDl OP ltDC - SOt1TBl'U'r
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COD.., nLID IJf ~8.' 61'~CB ~ ~'~~&~&II DAY OJ' APRIL,
A.D. 1995, AT 11:15 O.:d.Oc:'.X.A.... '. '::
A ~.ur~, COPY' 'or DIS ~nCiAD: ,lIAS 8m, l'ORDRDBD 1'0
'1U ... CAftLB. ~y IUKXJIU?-~ 0' DDDS FOR- ,~~.
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2419.50 1100
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APR ~9'9S IS:S5 FR KELLEY D~YE WARREN NY IZ ess 7S97 TO ee4.9J~eZ;~"e49 P.S~/S4
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COTInCAn OP INCOKPORA'nON
OF
DC . fWmIMI' COD.
. . . .
111. underwignecS incorpcrator for the PUrpo8CJ of
fucozporatiq 10110 oqQizi.ng acorporat.ion UZlar the Qc2.~
COrpg~C1OD Law o~ the St&te of Delaware, cert1fie.:
PIIlST: The ~ of the' Corporat1OD 1. III: .
S~;la...; Q2rp.
SacoRD: The ~.. ot che Cozpontion'.
regi.eered otti~e in the Stat. of Delaware i. The CorporatiOA
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~t C~, 1209 Or.aqge Stre.c, in the C1Cy o~ Wilmington,
County Of Rev c..cle. The DAme of ita regi.cered agene at ouc:h
&ddn.. 1. The CO:PORticm T:'u8t Camp&ny.
TBDtD: The purpose ot the Corporat1on 1. to
eug~W. in aDy lawful act or activity tor Which CorporatiOQa ~y
Do orqanized under the General 99*iifl~1on Law ot thQ ~tl!1 of
Delaware _
l'OUR.TH; The t oeal nl.Ullber of .hares of {"QIJ.I-~
ScocJc whic:b the Corporation ab&ll hAve author1ty ~; ~I'\HI 11 Ono
Hundred (100), ot One Cent ($.OlJ par value.
'IPTR: The name &Dc! mailing adc1ru. of the
incorporator i.. a. foll0W8z
LiDCa M. SIIlith
c/o Kelley Dry. ~ Marrec
101 Pa:X Avenue
New York, II.., York 101'78
SDt'1'll: Bl.ctiODB of cl1rec:tors Deed Dot be J)y
a..OIi unleuI thQ Jy.LI\ii of eft. ~orporat1o!1 .hall .0 Provida.
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08. 1 e. s t;
02:55 .PM
"'XAM I Nil:
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APR ~9'9S 10:9' FR KELLEV DRVE wARREN NV 12 899 1991 TO ee4'91Je2;!5SB~9 P,14/1'
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18VD'ftI: -rhe >>oarcl of J:)irec:eor. of tha
Corporati= .r maD By-La" ancS !rom t1me co tiM may alter,
u-u' O~ ~ aye Law..
&1GIIftB: A c:11~etor of the c01:pOrat.1CiD -.hall no~
be paraoIIally liable to t.he c:orporaticm or it.. .hat'eholden ~or
mcmetary ~V.. !o: =waCh ot fic:1uc:iuy duty u a cS12:ec:tor
except lor llabL1!ty (!} for any brea~ of the c:11re~~or'. duty of
loyalcy to tM c:~.ci= or 1t. .tocJdaold.~, (11) ~or .~elJ or.
CIIII1..iODSJ DOt 111 good faith or which involve :1DteDtiaaal
~QOnduct or & ~Di vio~.tion of 1.., (111) UDder .ectiOD 174
o~ cb. J)elawan ~DerN corporation La., or U.v) for any
tran.saCe.iOD frcB which the direceor derived azay improper pu1IODal
~fit.
'-'
nv "In-ass 1IDR3OI', I have signed this certificate thi.
19th day ot April, 1995.
"i~ m.J.dv
Linda M. Smith
(Sole I~corpor.eor)
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.. TOTAL PAG&."~ ..
09. 1 8. 95
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CorJorttion TMt tent.r
1211I 0"", SVnt
WiImingaHl. DE 1.1
m 1517511
Fa 3D2 AS 5lMI
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02:55 PM ~~AMIN.
P02
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CT System
"Aprlll9, 1195
lb. LInda Smith
Lepl A..lafant
Kene)' DtyfI & W."."
101 Plrle Annue
New Yort, New Yort ID"'
RE: KMC . Soufh..., Corp.
Dell' Ma. Smith:
Pursuant to InatructlOn. received, the uecuted Certificate of
Incorporation lor "'. ",rpotatlOn wu filed In the otl'lc. of the secmtal)'
ot State of Dela..re on April", II" at 11:" AM. and a t:etfItIed cop,
thereof I. bel", foTWMnhId by the SecretaI)' of S,.,. to the Recorder of
b..J. 01 New e..s. eounly, WlJiiiiiijf6J1, OII.WlII.
We encJo.. one certified copy of the Certltlcate of Incorporation tor tII.
abow corporation.
V.,y truly yours,
~{J;;:. ~
Customer Spec/.II.,
MA8:no
Ene.
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EXHIBIT II
KMC SOUTHEAST CORP.
AUDITED FINANCIAL
STATEMENT
OF SOLE OWNER
HAROLD N. KAMINE
Sep-22-95 10:49A KMC SE
~PR-2S-9S TUE el~~
~ IJEBGOLD & ASSOCtA TES
CERTlF!ED PUBUC ACCOUNTANTS
.. ..... '" - -- -- - -
SM<<I~ UF.IGOLD. CPA
,". BRuce KAMINER. CPA
205 SB3-3560
P.Ol
p.e1
.--..
-
--
--
CONFIDamN..
ConUnen&al PlaIa
411 HadcenAck A,*,ue
Hackenaaek. NJ 07601-6328
T8I: (201) 488-9188
(212) 564-3356
(203) 655.1555
FaJC(201)488-SS89
Ap:cil 25, 1995
Mr. Peter S. Joffrion
City of Huneaville
Office of City Attorney
308 pountain Circle
Dear Mr. Joffrion:
I am an independent C.P.A. familiar with the financial situation
of Harold N. Kamine. I review all of the financial re8ult~ for
each of the companies owned by Mr. JCamine and I p:cepare Mr.
Kamins's federal and .tate tax returns. Mr. Kamine is the sole
owner of Kamine Multimedia Corp. and KMC - Southeast Corp. in
addition to ..veral companies with intar..ts in independent power
production facilities. Mr. Kamine's personal net worth after
taxes is approximately $60 million.
Sincerely yours,
'-
LIEBGOLD &: ASSOCIATES
d~ w--~
Bruce Kaminer, C.P.A.
,
EXHIBIT III
KMC SOUTHEAST CORP.
FINANCIAL PLAN
{TO BE SUBMITTED IN
TWO WEEKS TIME.
AFTER COMPLETION OF
NETWORK FEASIBIITY
AND FINAL CONSTRUCTION COSTS
COMPLETEDl
EXHIBIT IV
KMC SOUTHEAST CORP.
NETWORK MAP AND
CONSTRUCTION SCHEDULE
{TO BE SUBMITTED IN TWO
WEEKS TIME - UPON
COMPLETION}
,/
EXHIBIT VI
BELL SOUTH POLE ATTACHMENT AGREEMENT
AND
BELL SOUTH CONDUIT OCCUPANCY
AGREEMENT
{SAME DOCUMENT).
.i'"
, ~/27"9S
22:01
NQ.031
002.
.\
6eu.5oUTH
Private/Proprietary/Lock
ComaiDs privae mdlor proprimry iDformltioa. May DOt be u.ad or diIclOJeCl ouWd.e the BellSourh CompaDie$
except pursuant to a written a~{eemau. MIW be stored in lacked f11a whal DOC in use.
Appendix I
Page 3 of 4
2) Fees
Licensee sball pay to Licensor the foUowiDg fees:
Pole and/or Anchor AccommodationS
(Anchor anacbmems DOt allowed unless permitted by ~ (Kcmucky only))
Per Pole ~h~
Annual Fee
,:$ 13.00'
: J,illsmtc.s,:,::':,:::,: :':", ::,: ,,':, ,'..
":(~ccpt':'~)':..,.,::::::,:::.:,,~:.::.::,:, ..,.. .'.,.. ,..,....,.,:',;,....:" '
:K~~,:.'...:::,:... ...' ",:::::~~:,.:',..., :.:'~:'.:'::.:: ..'.:.::: '..: '~.'. '~:;."
9.45
Conduit Occupancy Accommodations
Per foot of Duct OCtu~ed
, , '
. .... -" . .
Alabama. :S<niih:. Cmilinil.:
8D:dTen~' ,'"
',. .
Annual Fee
Dense Non-dense
$ 6.00 $6.00
, Florida
Miami (S10''na:ngable: '. ...' ..
waterwayerossmg.,~lU~., ::,
@ SB. 3rd:.-\ve):; , . .. '
, Georgia: :, '
Louisiana ' "..
... . .
, North Carolina,
Mississippi(tariff) , :
KCmucky:(Witf).:" :.':"
7.50
17.13
5.13
oIa
7.50
11.00
6.50
2.50
0.70
5.30
5.29
4.03
2.50
0.10
i) For the purpose of delerminiaa die Duel. feel dwgeabIe. rbe Duct c:oasida'ed occupied sba11 be ~
from lbc ccmer co CCDICf of .tjceat ~s). or from dle cc:mcr of a Maahole co the cod o( & Duct aal
u:rmimu:d ill a Mabale.
ii) The above rIleS ue DOC applicable for crossiap of I1l'J aavipble w~ ....y . Rates for navigable waterway
erossiDI' will be t'ftlt'u'.r"<J OIl aD iDdividaal c:ase bail.
7m
/
..
LICENSE AGREEl\1ENT
for
POLE ATTACHMENTS and/or CONDUIT OCCUPANCY
Doled:
9 A~s-
Between
(Licensor)
~ And '
/) f1 c ~::~f~~ r:-I- c::: r
BELLSOUTHLicense Agreement Number -
,I
.,
ARTICLE
I
II
ill
IV
V
VI
VII
VIII
IX
X
XI
xn
xm
XIV
XV
XVI
xvn
xvm
XIX
XX
XXI
XXII
xxm
XXIV
APPENDICES
CONTENTS
Preface
DefInition
Scope of Agreement
Fees and Charges
Advance Payment
SpecifIcations
Legal Requirements
Issuance of Licenses
Make-Ready Work
Construction, Maintenance and Removal of
Licensee's Facilities
Construction, Maintenance and Removal of
Licensor's Facilities and Accommodation of Joint Users and
Governmental Entities
Termination of Licenses
Inspection of Licensee's Communications Facilities
Unauthorized Attachment, Utilization, or Occup,ancy
Security Interest
Liability and Damages
Insurance
Authorization Not Exclusive
Assigmnent of Rights
Failure to Enforce
Termination of Agreement
Term of Agreement
Notices
Choice of Law
Supersedure of f>revious Agreement(s)
I Schedule of Fees and Charges
II Multiple Pole Attachment and Conduit Occupancy
License Applications
III Anchors and Guys
IV Attachment Transfer Rate Schedule
EXHIBITS
I Administrative Forms and Notices
II NonDiscrimination Compliance Agreement
m Conflict of Interest Agreement
IV NonDisclosure Agreement
V Transfer of Ownership
VI Emergency Procedures for Manhole' Entry
VII , Subsidiary Companies
PAGE
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/
LICENSE AGREKMENT
THIS AGREEMENT, executed this day of
between BellSouth Telecommunications, Inc., d/b/a
B
South Central Bell Telephone Company
Southern Bell Telephone and Telegraph Company
a corporation organized and existing under the laws of the State of Georgia, hereinafter called,
Licensor, and , a corporation organized and existing under
the laws of the State of , hereinafter called Licensee;
WIT N E SSE T H:
WHEREAS, Licensee proposes to furnish communications services in the State(s) of
,and
WHEREAS,. Licensee desires to place and maintain aerial and underground communications
facilities within the area described above and further desires to place such communications
facilities on POle(s), Anchor(s), and in the Conduit System of Licensor; and
WHEREAS, Licensor is willing to permit, under cenain conditions, on a revocable,
non-exclusive license basis, to the extent it may lawfully do so, the placement of Licensee's
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,
including considerations of economy and safety, or the Service Requirements of those parties with
which Licensor has Joint User arrangements or the use of its facilities by others;
NOW THEREFORE, in consideration of the mutual covenants, tenns and conditions herein
contained, the parties do hereby mutually covenant and agree as follows;
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ARTICLE I
DEFINITIONS
As used in this Agreement:
A) Agreement
This license agreement for pole attachments and/or conduit occupancy, together with all
appendices, exhibits, and written notices of fees and charges, the terms of which are
specifically incorporated by reference herein. '
B) Anchor
An assembly (rod and fIxed object or plate owned by the Licensor or by others), designed
to resist the pull of a Guy Strand, for which the Licensor is responsible for authorizing the
attachment of Licensee's communication facilities (see Appendix DI).
C) Conduit
A structure, usually underground, containing one or more Ducts.
D) Conduit Occupancy
Occupancy of a Conduit System by any item of Licensee' s Communications Facilities.
E) Conduit System
Any combination of Ducts, Conduits, Manhole(s), handholes, and vaults joined to form an
integrated whole, which is owned solely or in pan by the Licensor.
F) Duct
A single enclosed raceway for wire conductors or cables.
G) Guy Strand
A metal cable attached to a Pole and Anchor (or another Pole) for the purpose of increasing
Pole stability.
H) Joint Owner
A person, firm, corporation or other legal entity sharing ownership of a Pole andlor Anchor
with Licensor.
I) Joint User
A Joint User 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 Pole(s), Anchor(s) and/oroccupancy of Conduit which it owns, either solely
or partially.
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1) Licensee's Communications Facilities
Allfacilities, 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.
K) Manhole
A subsurface enclosure which personnel may enter and use for the purpose of installing,
operating, maintaining and repairing communications facilities.
L) 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.
M) 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.
N) Pole
A Pole owned by the Licensor and/or by others for which Licensor is responsible for
authorizing the attachment of Licensee I s Communications Facilities.
0) Pole Attachment
Any attachment which, when affixed to a pole in accordance with Article V of this
Agreement, occupies no more than twelve (12) inches (including clearances) of venical pole
space.
P) Service Requirements
Are multitudes of situations causing actIvIty on the part of either pany'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 parry
attachment(s), changes in plans, changes in nature of circuits, changes in electronics, etc.
Q) Rearrangement of Attachments
Is the moving of attachments from one position to another on the same Pole or in the same
Conduit System.
R) Transfer of Attachments
Is the removing of attachments from one Pole and placing of these onto another Pole or
moving of attachments from one location in the Licensor's Conduit System to another
location in the Licensor's Conduit System.
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ARTICLE /I
SCOPE OF AGREE1\1ENT
A) Subject to the provisions of this Agreement, Licensor agrees to issue to Licensee revocable,
non-exclusive licenses authorizing the attachment of Licensee's Communications Facilities
to Pole(s) or Anchor(s), or the placement of Licensee's Communications Facilities in
Licensor's Conduit System within the state(s) of
B) No use, however extended, of Pole(s), Anchor(s), 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 Pole(s), Anchor(s), 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 Pole(s),
Anchor(s), and Conduit Systems.
C) Licensor's rights to locate and maintain its Pole(s), Anchor(s), and Conduit Systems and to
operate its facilities in conjunction therewith in such a manner as will best enable it to fulf1l1 .
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, modify, retain. extend, place or maintain any Pole, Anchor, 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 Joint User agreement or arrangement which
Licensor has heretofore entered into, or may in the future enter into, with others nor parties
to this Agreement regarding the Pole(s), Anchor(s), 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 with any such Joint User.
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ARTICLE III
FEES A.~'l> CHARGES
A) Licensee shall pay to Licensor all fees and charges applicable in connection with the
attachment of its communications facilities to a Pole. Anchor. or occupancy of a Conduit
System as specified in APPENDIX 1.
Licensee may engage in all lawful communications activities; provided those attachments to
Licensor's facilities which do not constirute pole attachment(s) by a cable television system
within the meaning of 47 U.S.C. 9 224(a)(4) shall be assessed a Pole rental equal to that
assessed other communications providers attaching to Licensor's facilities in the same
state(s) of
Where Licensor's communications facilities are attached to Pole(s) or Anchor(s)owned by
power distribution companies or authorities or any other company or authority and where
pre-survey and/or Make-Ready Work is required by Licensor on said Pole(s) 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 Pole(s) or
Anchor(s) belonged to Licensor.
B) Except as herein otherwise expressly provided, Licensee at its own expense shall place.
maintain. rearrange, transfer and remove its own attachment(s). and shall at all tUries
perform such work promptly and in such a manner as not to interfere with work or service
being performed by the Licensor or other Joint User(s). The Licensor shall provide written
notice to the Licensee that such transfer, rearrangements, or removals must be completed.
C) Non-payment of any amount due under this Agreement shall constitute a default by Licensee
of this Agreement subject to the provisions of Aniele XX.
D) At the expiration of six (6) months from the date of this Agreement, changes in the amount
of the fees and charges specified in Appendix I and Appendix IV may be made by Licensor
upon at least sixty (60) days prior written notice to Licensee, and Licensee agrees to pay
such changed fees and charges. Changes in fees and charges will be provided to Licensee
by Licensor via written letter specifying effective date of said changes in fees and
charges. Norwithstanding any other provision of this Agreement, Licensee may terminate
this 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 thirty (30) days after receipt
of the bill. Late payments will subject Licensee to a one and one-half per cent (1 Ih %) late
fee assessed monthly on outstanding unpaid balance.
F) Amendments to fees and charges shall be effected by written notification provided sixty (60)
days in advance of effective date; notification shall become a part of and be governed by the
terms and conditions of this Agreement.
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ARTICLE IV
ADVANCEPAYl\1ENT
A) Licensee shall make an advance payment to the Licensor prior to:
1) any undertaking by Licensor of a Prelicense Surveyor the administrative processing
portion of such a survey in an amount s~cified 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 (Exhibit I, Fonn B-1) will be cr:edited against
the payment due the Licensor for performing the Prelicense Survey orponion thereof and/or
Make-Ready Work or having it perfonned by others.
C) Where the advance payment is less than the charge by the Licensor for such work, Licensee
agrees to pay Licensor within thirty (30) days of receipt of the bill all sums due in excess
of the amount of the advance payment.
D) Wh~re the advance payment exceeds the charge by the Licensor for such work Licensor
shall refund within thirty (30) days of issuance of the bill t?e difference to Licensee.
E) When the amounts referenced in paragraphs C and D are less than $50.00. such amounts
shall be considered de minimus and no adjustment will be necessary.
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ARTICLE V
SPECIFICA nONS
A)
Licensee's Communications Facilities shall be placed and maintained in accordance with the
requirements and specifications of the current editions of the Bell 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.
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 thirty (30)
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 perfonning such
work whenever practicable. However, when the Licensor requires immediate access to the
Pole(s) or Conduits for its own construction or maintenance activities, or in the reasonable
opinion of the Licensor, the conditions pose an unacceptable working enviromnent or unsafe
conditions for employees or the public or otherwise mterfere with the performance of the
Licensor's then and existing current Service Requirements, or pose a 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 re-accommodation 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 re-
accommodation performed by Licensor under this subsection.
B)
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ARTICLE VI
LEGAL REQUIREMENTS
A) Licensee shall be responsible for obtaining from the appropriate governmental and/or private
authority any required authorization to construct, operate and/or maintain its
communications facilities on public and/or private property before it anaches its
communications facilities to Pole(s) and Anchor(s) or occupies Conduit located on such
public and/or private property. Such authorizations, where applicable, may include, but are
not necessarily limited to, franchise agreements. certificates of public convenience and
necessity to provide service to the public and appropriate easements or right of way permies
for location of facilities. 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. 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 User(s), to occupy the property
on which such Pole(s). Anchor(s), or Conduit Systems are located. If the existence of
Licensee's Communications Facilities on a Pole, Anchor. 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 andJorhave performed such removal after che expiration of sixty (60)
days from the receipt of said written notification wichout liability on the part of the Licensor
and Licensee agrees to pay Licensor or Joint User or both. che cost thereof and for all losses
and damages chat may result; provided. however, chat should the existence of Licensee' s
Communications Facilities on a Pole. Anchor or Guy Strand. or in a Conduit System cause
che forfeiture of rights by Licensor and/or a Joint User. Licensee shall be required to remove
its communications facilities only in the event chat it is unable to cure the problem by
obtaining the required private and/or public authorization prior to the expiration of the
stipulated sixty (60) day time period; provided, however, that where such a situation cannot
reasonably by corrected in such sixty (60) day time period. if Licensee shall proceed
promptly to correct the same and prosecute such correction with due diligence. the time for
correction shall be extended, for such period of time as may be necessary to complete such
correction. Licensee agrees to indemnify. defend and save harmless Licensor from and
against any legal action or any COSt resulting from such legal action brought against it as a
result of Licensee's actions in connection with the exercise of its rights under this Anicle
VI(B).
C) Licensee shall abide by
(l ) NonDiscrimination Compliance Agreement as set fonh in Exhibit II
(2) Conflict of Interest A!!reement asset forth in Exhibit III
(3) NonDisclosure Agreement as set forth in Exhibit IV
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ARTICLE VII
ISSUANCE OF LICENSES
A) Before Licensee shall attach to any Pole or Anchor. or occupy any ponion of a Conduit
System, Licensee shall make written application for and have received a written license from
the Licensor. (Exhibit I, Forms A-I and A-2 and/or D-I through D-4).
B) Licensee agrees to limit the filing of applications for Poie Attachment licenses to include not
more than 300 Pole(s) or 300 associated Anchor(s) on anyone application and 1500 Pole(s)
or 1500 associated Anchor(s) on all applications which are pending approval by Licensor
at anyone time. Such limitations will apply to Pole(s) and Anchor(s) located within a single
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
all other of its applications on file with Licensor at the same time.
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ARTICLE VI/I
MAKE-READY WORK
A) Pole(s) and Anchor(s), Guy(s)
1) When an application forattachmem (Exhibit I. Form A-I) to a Pole or Anchor is
submitted by Licensee. a Prelicense Survey will be required to determine the adequacy
of the existing POle(s) and Anchor(s) to accommodate Licensee's Communications
Facilities.
2) The field inspection portion of the Prelicense Survey, which requires the visual
inspection of existing Pole(s) and Anchor(s) will be performed by a representative of the
Licensor. Joint User(s) and/or Licensee may participate in the field inspection at the
option of the Licensee. 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 User(s)
and other attachees 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 A..nicle IV, from the
Licensee (Exhibit 1. Form B-1). Licensee shall have ninety (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.
3) Licensor reserves the right to refuse to grant a license for attachment to a Pole or
Anchor. or utilization of an Anchor. when Licensor determines that the available
capacity on such Pole. Anchor and/or Guy Strand is required for its exclusive use or that
of a Joint User or governmental entity with Pole Attachment rights and that the Pole or
Anchor 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/Guy Strand which Licensee (jesires 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 ninety (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 applications.
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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
Pole(s) and/or Anchor(s) for any expense incurred by them in transferring or rearranging
their facilities to accommodate Licensee's Pole Attachment(s). Licensee shall not be
entitled to any monies paid to the Licensor for 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 will be processed by
Licensor in accordance with the procedures detailed in APPENDIX II.
7) Licensee shall notify Licensor whenever it is necessary for Licensor to rearrange its
existing facilities on a Pole or Anchor owned by another pany or transfer its facilities
to a replacement Pole or Anchor owned by another pany 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 Aniele 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 ponion
of such Prelicense Survey. Licensee shall have ninety (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.
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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
procedures detailed in APPENDIX II.
3) The Licensor retains the right, in its sole judgment, to detennine 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 the 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 ninety (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-Aeady Work and acceptance of the resulting charges. Failure to respond within
the specified period will result in cancellation of the application.
4) In eerforming all Make-Ready Work to accommodate Licensee's Communications
Facilities, Licensor will endeavor to include such work in its normal work load schedule.
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ARTICLE IX
CONSTRUCTION. MAINTENANCE AND REMOVAL OF
LICENSEE'S FACILITIES
A) Licensee shall. at its own expense. construct and maintain its communications facilities on
Pole(s) and/or Anchor(s). and in Conduit Systems covered by this Agreement in a safe
condition and in a manner reasonably acceptable to Licensor, so as not to physically conflict
or electrically interfere with the facilities attached thereon or placed therein by the Licensor.
Joint User(s), or other authorized licensees. and at all times in compliance with the
specifications set forth in Article V.
B) Licensor may 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 (Exhibit I, Form E) at least thirty (30) days
before adding to. lashing to, relocating. replacing or otherwise modifying its
Communications Facilities attached to Licensor's facilities or Joint User facilities where
Licensor's facilities are affected. Maintaining existing facilities and installing or removing
service connections will not require prior authorization or notices. Where Licensee has no
other attachment(s). notification to Licensor of new service connections is required.
D) The Licensee must obtain prior written authorization (Exhibit I. Form D or Form F. as
applicable) from the Licensor before the Licensee shall install. remove or provide
maintenance of its communication facilities in anv of Licensor's Conduit Systems. Licensor
shall not withhold or delay such authorization without good cause. Licensor retains the right
to specify what. if any. work shall be performed by Licensor at Licensee's expense in a
murually acceptable time period.
For emergency siruations, see Exhibit VI for procedure required to enter BelISouth
Manhole(s).
E) In each instance where Licensee's Communications Facilities are to be placed in Licensor's
Conduit System. Licensor shall designate the panicular 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 physical size of Lice~ee's
Communications Facilities which may be placed in Licensor's Conduit System; prOVIded.
however. that Licensor shall provide Licensee with a wrinen explanation of any such
exclusion or limitation which may be imposed,
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F) Licensor's Manhole(s) 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 Manhole(s) and conduct work operations therein. Licensee's
employees, agents or contractors will be permitted to enter or work in Licensor's
Manhole(s) only when an authorized employee or agent of Licensor is present or the
Licensor's authorized employee or agent has determined the Licensee's work will not affect
Licensor's equipment. LIcensor's authorized employee or agent shall have the authority to
suspend Licensee's work operations in and around Licensor's Manhole(s) if in the sole
discretion of said employee or agent, any hazardous conditions arise, any unsafe practices
are being followed, or the work may adversely affect Licensor's equipment by LIcensee's
employees, agents, or contractors. Licensee agrees to pay Licensor (at Licensor's option)
the charges, based on the actual going-rate, for having Licensor's employee or agent present
when Licensee's work is being'done in and around Licensor's Manhole(s). The presence
of Licensor's authorized employee or agent is to protect the Licensor's equipment and shall-
not relieve Licensee of its responsibility to conduct all of its work operations in and around
Licensor's Manhole(s) in a safe and workmanlike manner, in accordance with the terms of
this Agreement.
G) Licensee, at its expense. will remove its communications facilities from Pole(s), Anchor(s),
or ponions of a Conduit System within sixty (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 ori 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 Pole(s). Anchor(s) and ponions 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 pan of
the Licensor for damage to such facilities and/or without any liability for any interruption
of Licensee's services.
H) In the event Licensor desires at any time to abandon any of its Pole(s) 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 attachment(s) remain on such Pole, it shall be removed by Licensor: or
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2) If the Licensor shall have no attachment(s) on such Pole but the Licensee does, Licensor
may, without liability, remove Licensee's attachment(s) from such Pole and remove the
Pole(s) unless:
a) Licensee presents to Licensor, for its files, a certified copy of Licensee' s recorded
right-of-way to the land surrounding the Pole in question, or
b) Licensee presents to Licensor, for its fIles, a copy of the right-of-way pennit issued
by the controlling govermnental organization, and
c) Licensee accepts from Licensor and pays a bill for purchase of the Pole in question
at a price determined by the Licensor.
3) If (a) or (b) and (c) above are complied with, then, 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 attachment(s)thereto.
n In the event Licensor desires at any time to aoandon any of its Pole(s) on which a Joint User
has an attachment and on which Licensee has a licensed attachment, Licensor shall give both
parties sixty (60) days 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 said Agreement's 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 attaclunent(s) remain on such Pole, it shall be removed by Licensor; or
2) If the Lice'nsor shall have no attachment(s) 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 anachment(s) on such Pole and the Joint User shall have
no attachment(s) on such Pole but the Licensee does, Licensor may. without liability.
remove the Pole unless the conditions in H), 2) a) or b) and c) above are mer.
J) 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 the Agreement as though
no such Pole or Anchor attachment or Conduit Occupancy had previously been made,
and
K)
2) All outstanding charges due Licensor for such previous attachment and/or occupancy
have been paid in full.
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.
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ARTICLE X
CONSTRUCTION. MAINTENANCE. REMOVAL OF
LICENSOR'S FACILITIES AND ACC0:Ml\10DATION
OF JOINT USER(S) AND GOVERNMENTAL ENTITIES
A) Should Licensor, Joint User or governmental entity having Pole or Anchor accommodation
rights, for its own Service Requirements, need to attach additional facilities to any Pole(s)
or Anchor(s) to which Licensee is attached or avail itself of the holding capacity of an
Anchor being utilized by the Licensee, Licensee will either rearrange its facilities on the
Pole or Anchor or transfer them to a replacement Pole or AnchQr, as detennined by
Licensor so that the additional facilities of Licensor, 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 thiny (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 pan of Licensor or Joint User and Licensee
shall be liable for the full costs thereof.
B) 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 Svstem. '
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 thirty (30) days of receipt of wrinen notice
from Licensor, Licensor may perform or have performed such rearrangement without any
liability on the pan of the Licensor and Licensee shall reimburse Licensor for the full costs
thereof.
C) Notwithstanding the notice provisions set forth in Anicle X, paragraphs A and B above. and
in accordance with Aniele V, Licensor shall be authorized to perform rearrangement and/or
transfer work of Licensee's facilities in order to meet Licensor's own Service Requirements.
protect the general public, or to ensure a safe working envirorunent for its employees.
Where Licensor rearranges or transfers licensees facilities pursuant to paragraph C above.
such work will be performed at the rates specified in Appendix IV. Appendix IV rates apply
where work is undertaken by Licensor at the same time work is undertaken on Licensor's
own facilities. If it is necessary for Licensor to transfer or rearrange Licensee's facilities
on a non-current basis, the flat Pole rate in Appendix IV will not apply and Licensor shall
bill the fully allocated costs of construction.
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ARTICLE XI
TERMINATION OF LICENSES
A) Any license issued under this Agreemem shall automatically tenninate when Licensee ceases
to have authority to construct and operate its communications facilities on public or private
property at the location of the panicular Pole, Anchor or portion of Conduit System covered
by the license; provided, however, that Licensee shall have the right to contest any notice
of termination of authority from any governmental authority or property owner and, in such
event, the license covering the use of such Pole, Anchor, Guy Strand, or portion of Conduit
System shall remain in effect until such time as Licensee's appeal process is exhausted or
the right to use such Pole, Anchor, Guy Strand, or portion of Conduit Systems has been
reinstated. Licensee agrees to indemnify, defend and save harmless Licensor from and
against any legal action or any cost resulting from such legal action brought against it as a
result of Licensee's actions in connection with the exercise of its rights under this Article
X(A).
B) Licensee may at any time tenninate its license with respect to the attachment to a Pole or
Anchor or occupancy of a portion of Conduit System and remove its communications
facilities by givmg Licensor written notice of such intention (Exhibit I, Forms E & F).
Once Licensee's Communications Facilities have been removed they shall not be reattached
to such Pole or Anchor or occupy the same portion of a Conduit System until Licensee has
compiled with all provisions of this Agreement as though no previous license had been
' issued.
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ARTICLE XII
INSPECTION OF LICENSEE'S COMMUNICATIONS FACILITIES
A)
Licensor reserves the right to make periodic inspections of any pan of Licensee' s
Communications Facilities attached to Licensor's Pole(s), Anchor(s), or occupying
Licensor's Conduit System, and Licensee shall reimburse Licensor for the expense of such
inspections as specified in APPENDIX I; proyided, however, that Licensee shall have the
right to have one or more of its employees or representatives present during the time of any
such inspection.
The frequency and extent of such inspection by Licensor will depend upon Licensee' s
performance in relation to the requirements of Articles V, vn and IX herem.
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.
B)
C)
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.
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ARTICLE XIII
UNAUTHORIZED ATTACHl\1ENT, UTILIZATION, OR OCCUPANCY
A) If any of Licensee's Communications Facilities shall be found attached to Pole(s), Anchor(s),
or occupying Conduit Systems for which no license is outstanding, Licensor, without
prejudice to its other rights or remedies under this Agreement, including termination of
licenses, 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, or Conduit
Occupancy, a Pole or Anchor attachment, or Conduit Occupancy license application. 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 within
thirty (30) days of the final date of submitting the required application, or Licensor may' a1
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, or Conduit System occupancy shall be treated as having existed for a period of
2 years prior to its discovery or from the time of the last inspection date or for the period
beginning with the effective date of this License Agreement, whichever period shall be the
shoner.
In addition to back rent, unauthorized Pole Attachment(s) which exceed three percent (3%)
of Licensee's total permits in any given county/parish shall be subject to a one-time charge
of $50.00 per unauthorized Pole Attachment, and unauthorized Conduit System occupancies
which exceed three percent (3 %) of Licensee I s total permits in any given county/parish shall
be subject to a one-time charge of $500.00 per duct run, measured manhole to manhole.
Fees and charges for Pole Attachments and Conduit System occupancies, as specified herein
and in APPENDIX I as modified from time-to-time. shall be due and payable immediately
whether or not Licensee is permitted to continue the Pole or Anchor attachment 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. .
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ARTICLE XIV
SECURITY INTEREST
Should Licensor under any applicable Article of this Agreement remove Licensee's facilities
from the Pole(s), Anchor(s), 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 any time, Licensee,
upon request of Licensor, shall grant Licensor a first priority chattel mortgage, or other
security mterest in all of Licensee I s Communications Facilities now or hereafter attached to
Pole(s), Anchor(s), or placed in Conduit Systems pursuant to this Agreement, and Licensee
agrees .to perform all acts ~ to perfect Licensor's chattel mortgage or other security
,interest under the terms of each state's law. In the alternative, if Licensee prefers, or the
terms of Licensee I s loan agreements and debentures preclude the grant of liens, or security
interests to Licensor, Licensee shall gram to Licensor, at any time, upon Licensor's request,
other permissible assurance of security for perform~nr.e 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.
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ARTICLE XV
LIABILITY,AND DAMAGES
A) Licensor shall exercise precaution to avoid damaging the conununications 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, its employees, agents, contractors,
subcontractors or invitees. 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 POle(s), Anchor(s), ,or
Conduit Systems or Licensor's actions or omissions in regard thereto and Licensee shall
indemnify and save harmless Licensor from and against any and all claims, demands, causes
of action, costs and reasonable attorneys' fees with respect to such special, indirect or
consequential damages. .
B) Licensee shall exercise precaution to avoid damaging the facilities of Licensor and of others
attached to Pole(s), Anchor(s), or occupying a Conduit System and shall make an immediate
report to the Owner of the occurrence of any such damage caused by Licensee's employees,
agents or contractors. Licensee agrees to reimburse the Licensor for all reasonable costs
incurred by the Licensor for the physical repair of such facilities damaged by the negligence
of Licensee.
C) Licensee shall indemnify, protect and save harmless the Licensor, its directors, officers,
employees and agents, Licensor's other licensees, and Joint User(s) from and against any
and all claims. demands, causes of action, damages and COSts, including reasonable
attorney's fees through appeals incurred by the Licensor. the Licensor's other licensees and
Joint User(s) as a result of acts by the Licensee. its employees. agents or contractors,
including but not limited to the cost of relocating Pole(s). ..tu1chor(s). Guy(s), 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. its directors. officers,
employees and agents, Licensor's other licensees, and Joint User(s) from and against any
and all claims. demands, causes of actions and costs, including reasonable anomey's fees.
through appeals 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, caused by, arising from. incident to. connected
with or growing out of the erection, rearrangement. maintenance. presence. use or removal
of Licensee's facilities, or by their proximity to the facilities of all panies 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 in the vicinity of the Licensor's Pole(s).
Anchor(s), Guy(s), or Conduit System.
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E) The Licensee shall indemnify, protect and save harmless the Licensor, its directors, officers,
employees, and agents, Licensor's other licensees, and Joint User(s) from any and all
clauns, demands, causes of action and costs, including attorneys' fees through appeals,
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 copyrights, for libel and slander, for unauthorized use
of television or radio broadcast programs and other program material, and from and against
ail claims, demands and costs, including attorney's fees through appeals for infringement
of eatents with respect to the construction, maintenance, use and operation of Licensee I s
facilities in combination with Pole(s), Anchor(s), 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. Licensee shall promptly notify Licensor in writing of any suits or
causes of action which may involve Licensor and. uJ?On the request of Licensor, 'copies of
all relevant accident reports and statements made to LIcensee's insurer by Licensee or others
shall be furnished promptly to Licensor. ,
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ARTICLE XVI
INSURANCE
A) Licensee shall obtain and maintain insurance. including endorsements insuring che
contractual liability and indemnification provisions of this Agreement, issued by an
insurance carrier reasonably satisfactory to Licensor to protect che Licensor, ocher
authorized Licensees, and Joint User(s) from and against all claims demands, causes of
action. judgments, costs, including reasonable 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) Licensee shall maintain the following amounts of insurance in compliance with (A) above:
1) Commercial General Liability Insurance with limits of not less than $1,000,000 per.
occurrence and $1,000,000 annual aggregate.
2) Umbrella or Excess Liability Insurance with limits of not less than $10,000,000 per
occurrence and in the aggregate.
C) Licensee shall submit to Licensor certificates by each company insuring Licensee with
respect to any insurance required hereunder, such certificate(s) to specify the coverage
provided and that such company will nor cancel or change any such policy of insurance
issued to Licensee except after sixty (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 as a result of work
performed pursuant to this Agreement.
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. or occupancy of a Conduit
Svstem and shall remain in force until such Licensee's facilities have been removed from all
such Pole(s). Anchor(s), or Conduit System. In the event that the Licensee shall fail to
maintain che required insurance coverage. Licensor may pay any premium thereon falling
due. and che Licensee shall forthwith reimburse the Licensor for any such premium paid.
F) Whereas Licensor desires to protect the interest of its rate payers. employees. and
shareholders. Licensee shall furnish a bond or letter of credit (an initial minimum amount
of $10.000.00. supersedes calculations below) in a fonn 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 letter of credit or financial security shall not operate as a limitation upon the
obligations of the Licensee hereunder.
Bond requirements (in excess of initial minimum amount) should be calculated using the
following formula: Bond am9um = 3 x [(A x B) + (A x C)j
Where: 3 = thru (3) year period
A = number of Pole(s) arrached or feet of Conduit occupied (either lJy app!ican'on or
anricipared)
B = Pole or Conduit ren/a! rare for appropriare stare
C = $/5.00 (per Pole) or $0.50 (per Duct foot) remol'a! expense of Licensee artachment(s; in
event of agreement termination and Licensee failure to remOl'e facilin'es
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ARTICLE XVII
AUTHORIZATION NOT EXCLUSIVE
Nothing herein contained shall be construed as it 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, or Conduit System covered by this Agreement and Licensee's rights hereunder.
ARTICLE XVIII
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. Exhibit V
shall be used for this purpose.
ARTICLE XIX
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 of this
Agreement, but the same shall be and remain at all times in full force and effect.
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ARTICLE XX
TE~ATION OF AGREEl\1E~T
A) Subject to provisions of Article XVII hereof. should Licensee cease to provide its
communications services in the area covered bv 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 fmal 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 Pole(s) and/or Anchor(s) or occupies any portion of a
Conduit System without having first been issued a license therefore subject to the
terms of Anicle x:n hereinabove; 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 I s
Communications Facilities is denied or revoked and Licensee has failed to comply
with the provisions of Article VI(B) hereinabove; 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 canceled or
changed and Licensee has not obtained substitute adequate coverage within the time
periods specified herein, and if in the sole judgment of Licensor the requirements of
Article XV will no longer be satisfied. this Agreemem shall terminate 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 thirty (30) days following receipt of such
written notice that the cited condicion(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 tennination of this Agreement or any of Licensee's rights. privileges or
authorizations hereunder, Licensee shall ~emove its communications facilities from
Licensor's Pole(s), Anchor(s) and Conde" '.-stem within sixty (60) days from the date of
termination; provided, however, that 1. :ee shall be liable for and pay all fees and
charges pursuant to terms of this Agree; , Licensor until Licensee' s Communications
Facilities are actually removed from !, s Pole(s), Anchor(s) and Conduit System.
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E) If Licensee does not remove its communications facilities from Licensor's Pole(s), Anchor(s)
and Conduit System within the applicable time periods ~ified in this Agreement, Licensor
shall have the right to remove them at the expense of LIcensee and without any liability on
the pan 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 res~t to those arran~ements. fees and charges shall
terminate and shall be superseded by satd tariff. Said tenmnation is to become effective on
the day when said tariff becomes effective.
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ARTICLE XXI
TERM OF AGREEl\1ENT
A) Unless sooner terminated as herein provided, this Agreement shall continue in effect for a
term of one (1) year from the date hereof and thereafter from year to year until either party
hereto terminates this Agreement by giving the other pany at least one hundred eighty (180)
days prior written notice thereof. Such one hundred eighty (180) days notice of termination
may be given to take effect at the end of the original one (1) year period or any time
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 XXII
NOTICES
All written notices required under this Agreement, except as noted below. shall be given by
posting the same cenified mail, return receipt requested, to:
(Title)
(Company)
(Address)
(City, State, and
Zip Code)
(Telephone)
(Facsimile)
with a copy to:
and to Licensor as follows:
(Name)
(Title)
(Company)
(Address)
(City. State.
and Zip Code)
(Tele~hone)
(Facsunile)
.or to such address as the party hereto may from time to time specify in writing by like notice.
Notice for transfer and rearrangement activities by Licensee to accommodate Licensor, Joint User,
or governmental entities may be accommodated through the electronic notification procedures
operated by the local utilities, where such utility notification centers are available (e.g., Georgia
Utilities Protection Center). ,
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ARTICLE XXIII
CHOICE OF LAW
The validity, construction, interpretation, and performance of this Agreement shall be governed
by and construed in accordance with the domestic laws of the State of Georgia.
"
ARTICLE XXIV
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 I s Communications Facilities on Pole(s),
Anchor(s), 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 wrinen.
~~c ~~ I-Jbsf c;:
Name of Licensee '
'"
BellSouth Telecommunications, Inc.
Name of Licensor
By:
SignatUre
G- ~<,ffDr;;,/~~t--
Primed Name 7'~' .
~ ~r'";7p?'/~~
Prilll lILe
i1!f::
Primed Name
Prillled TitLe
/' ~.. . . :---' 2./-a.-&.1,'3
-- ----.::1:.-... -'-~i ':1 "
28
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APPENDIX I
SCHEDULE OF FEES AND CHARGES
Private/Proprietary /Lock
Concains private and/or proprietary information. May not be used or disclosed outside the BellSouth Companies
except pursuant to a wrinen agreement. Must be stored in locked files when not in use.
Appendix I
Page 2 of 4
APPENDIX I
SCHEDULE OF FEES AND CHARGES
THIS APPENDIX !. effective as of ..z ~ z,-h S--: an integral . .
pan of the License Agreement between BeUSo elecomInunications, Inc. (Licensor)
and (Licensee), dated . and
contains the fees and charges governing the use of Licensor's Pole(s), Anchor(s), and Conduit
Systems by Licensee's Communications Facilities.
A) Attachment, Utilization, and Occupancy Fees
1) General
a) Attacrunent, utilization, and occupancy fees commence on the frrst 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 attacrunent or occupancy is physically removed or the utilization is
discontinued.
b) A one month minimum charge is applicable for all attachment. utilization and
occupancy accommodations.
c) Fees shall be payable annually on the first day of July.
d) Changes in fees and charges will be provided to Licensee by Licensor via written letter.
Such letter of notification will provide a minimum of sixty (60) days prior notice to
Licensee, and Licensee agrees to pay such changed fees 'and charges. Lener of
notification shall become pan of and be governed by the terms and conditions of this
Agreement.
e) The total attachment and occupancy fees due hereunder, shall be based upon the number
of Pole(s), Anchor(s), and Duct feet of Conduit for which licenses have been issued
before the frrst day of December each year. Each annual payment shall include a
proration of the monthly attachment and occupancy charges applicable for anachment(s)
and occupancy initially authorized by the Licensor during the preceding twelve (12)
month period.
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. '
7/95
PrivatelProprietarylLock
Contains private and/or proprietary infonnation. May not be used or disclosed outside the BellSouth Companies
except pursuant to a written agreement. Must be stored in locked files when not in use.
Appendix I
Page 3 of 4
2) Fees
Licensee shall pay to Licensor the following fees:
Pole and/or Anchor Accommodations
(Anchor attachment(s) not permitted unless
permitted by tariff (Kentucky only))
Annual Fee
Per Pole Attachment
$
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 Manhoie(s). or from the center of a Manhole to the end of a Duct not
terminated in a Manhole.
. ii) The above raICS are DOt applicable for crossings of any navigable waterway. Rates for navigable waterway
crossings will be calculated on an individual case basis.
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PrivatelProprietary /Lock
Contains private and/or proprietary information. May not be used or disclosed outside the BellSouth Companies
except pursuant to a written agreement. Must be stored in locked files when not in use.
Appendix I
Page 4 of 4
B) Charges
1) Computation
Charges for all work performed by the Licensor or by its 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 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 I 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 Aniele VIII, A) 7) shall be based' Gp
Licensor's fully installed costs less salvage value, if any.
C) Payment Date
Failure co pay all fees and charges within thirty (30) days after presennnem of the bill therefor
or on the specified payment date, whichever is later, shall constitute a default of this
Agreement.
Nd:(jf:s~' ~ r~
BellSouth Telecommunications, Inc.
~d .~
Signarure
Name of Licensor
By:
Signarure
.c; (:. ..~ Z5 rr-c1~/..r;/
Primed Name /
PrillJed Name
Printed Tille
~.~,.~;
S't: '117 1'7-
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APPENDIX /I
PROCEDURE FOR PROCESSING
MUL TIPLE Pole and/or CONDUIT
OCCUPANCY LICENSE APPLICA TIONS
Appendix II
Page 2 of 5
APPENDIX /I
PROCEDURE FOR PROCESSING
MULTIPLE POLE and/or CONDUIT
OCCUPANCY LICENSE APPLICATIONS
. c:::? / ~ --
THIS APPENDIX n, effective as of =z 'P U ~ , is an
integral pan of the License Agreement between BeI1South Telecommunications" Inc.
(Licensor) and (Licensee), dated
_ and contains the procedure for processing multiple license applications.
A) MULTIPLE APPLICANTS
Ap'plications received from multiple applicants for the same Pole, Anchor 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 applications - 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 or
Conduit System.
Option 2 - Application(s) of initial applicant and additional applicant(s) will be processed
in accordance with B) 1) preceding
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Appendix II
Page 3 of 5
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 to 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.
2) Make-Ready Work
Multiple applicants must develop a mutually agreeable order of Pole, Anchor 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 wrinen notification from the Licensor of the estimated charges for the
required Make-Ready 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 canceled its application(s) relative [Q the Pole(s).
Anchor(s). or Conduit Systems involved on pending applications of anotherappli-
cant(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 or occupancy by the
multiple applicants.
7/95
Appendix II
Page 4 of 5
D) CONDITIONS APPLICABLE TO NON-SIM:UL T ANEOUS APPLICATIONS
1) Field Inspection
Field inspections will be performed by a representative of the Licensor.
2) Pre-License Survey Costs
Each multiple applicant will be charged the applicable pre-license survey costs incurred by
the Licensor relative to a determination 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 f11ed in
accordance with Anicle VII B will determine the priority of Make-Ready Work
completion by the Licensor. Any change in prionty of Pole, Anchor 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 Pole(s), Anchor(s) or in Conduits on a non-simultaneous
basis.
b) The additional applicant(s) will be charged the [Otal cost incurred by the Licensor to
accommodate the attachment. utilization or occupancy of the additional applicant's
conununications facilities on Pole(s), Anchor(s) or in Conduits for which prior at-'
tachment. 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.
7/95
F) CHANGES IN APPENDIX
Appendix II
Page 5 of 5
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 sixty (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 Pole(s) and
Anchor(s) or Conduit Occupancy of the Licensor.
(2,...,-.-. _....:- -"-7;0-"-'"
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BellSouth Telecommunications, Inc.
Name of LictnSor
By:
Signarure
Primed Name
Primed Tille
7/95
APPEND1X III
ANCHOR(S) AND GUY(S) (GUY STRAND)
Appendix III
Page 2 of 3
A P PEN D 'X "'
ANCHOR(S) AND GUY(S) (GUY STRAND)
q'/J0~
THIS APPENDIX III, effective as of / / / v ; , is an
integral part of the License Agreement betwee~ IkllSouth Telecommunications, Inc.
(Licensor) and (Licensee), dated
- and governs the use of Licensor's Anchor(s) and Guy(s) (Guy Strand) by Licensee's
Communications Facilities. '
Effective October 1, 1994, attachment to Licensor's Anchor(s), Guy(s), and/or Guy Strand will
be pennitted only if provided for pursuant by state tariff. Currently only Kentucky tariff
provides for such attachment as detailed below:
Annual Fee
Per Anchor attached
2-user
3-user
$ 12.90
8.60
Attachment(s) to Licensor's Anchor(s), Guy(s), and/or Guy Strand(s) in existence prior to
October 1, 1994, will be pennined until time as existing Pole requires replacement or
modifications as determined by Licensor. At that time and upon notice set forth in Article ill
(B), Licensee will be required to place Anchor(s), Guy(s), and/or Guy Strand(s). Placement must
then be accordance with the requirements and specifications of the current edition of the Bell
System Manual of Construction Procedures (Blue Book).
Attachment rates for Anchor(s). Guy(s). and/or Guy Strand(s). in effect prior to October 1. 1994.
will be charged (in non-tariff states) until such Licensee anaclunent(s) is/are removed.
7/95
APPENDIX III
ANCHOR(S) AND GUY(S) (GUY STRAND)
~? j';... h:;;;.f....t ~L?
NtlnU!~~~' ~.' r/:r
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Primed Name '
/~ ~c/;';.;, ~~.(
Pri TitLe I
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. ~~ 11,/ ..4.. ~-..~
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"2./........(~r
BellSouth Telecommunications, Inc.
NQ17Ie of Licensor
By:
Signarure
Primed Name
Primed Tille
Appendix III
Page 3 of 3
7!9S
APPENDIX IV
A IT ACHMENT TRANSFER RATE SCHEDULE
Appendix IV
Page 2 of 3
APPENDIX IV
ATTACHMENT TRANSFER RATE SCHEDULE
THIS APPENDIX N, effective as of 7' /;t/f C . is an
integral part of the License Agreement between BellSouth Telecommunications, Inc.
(Licensor) and (Licensee), dated_
_ and contains fees and charges governing rearrangement and/or transfer work of
Licensee's facilities in accordance with Article X, paragraphs A and C.
A)
B)
Pole attachment transfer rate will be reviewed at intervals not to exceed five (5) years.
Changes in rates will be provided to Licensee by Licensor via written letter. Such letter
of notification will provide a minimum of sixty (60) days prior notice to Licensee, and
Licensee agrees to pay such changed rate. Letter of notification shall become part of
and be governed by the terms and conditions of this Agreement.
Licensee shall pay all applicable fees and charges due within thirty (30) days after .
receipt of the bill. Late payments will subject Licensee to a one and one-half per cent -,
. (1 If2 %) late fee assessed monthly on outstanding unpaid balance.
C) ,
Pole Attachment Transfer Rate
Per pole (throughout BellSouth region)
S41.00
7.'95
Appendix IV
Page 3 of 3
APPENDIX IV
ATTACHMENT TRANSFER RATE SCHEDULE
;t# c~" I/j;f <it::'fJ
:~~~
Signarure
~ -C'o -Rei"' i<-y..r v
Primed Name I-
C::::-~I r- (f., y~:t 7/~ ",,"
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-z./~,-{c;Y'
BellSouth Telecommunications, Inc.
Name 01 licensor
By:
Signarure
Primed Name
Primed TilLe
7/95
EXHIBIT I
ADMINISTRATIVE FORMS AND NOTICES
Exhibit I
Page 2 of 17
EXHIBIT I
ADMINISTRATIVE FORMS AND NOTICES
THIS EXHIBIT I, effective as of << P /7":;- ,is an integral
part of the License Agreement between BeUSouth elecommunications, Inc.
(Licensor), and (Licensee), dated
_, and contains the administrative fonns governing the use of Licensor's Pole(s),
Anchor(s) and Conduit System for Licensee's Communications Facilities.
INDEX OF ADMINISTRATIVE FORMS
Application and Pole Attachment License
Pole and Anchor Details
Pole Survey Form
Authorization for Prelicense Survey and/or
Make-Ready Work
Itemized Estimate - Pole and Anchor Make-Ready
Work Charges
Itemized Estimate - Conduit Make-Ready Work and
Charges
A-I
A-2
A-3
B-1
C-l
Summary Estimate - Pole Attachment/Conduit Occupancy
C-2
C-3
D-l
D-2
D-3
D-4
Application and Conduit Occupancy License
Conduit System Diagram
Cable to Occupy Conduit
Equipment Housings to be Placed in Manhole(s)
Notification of Surrender or Modification of Pole
Attachment License by Licensee
Notification of Surrender or Modification of Conduit
Occupancy License by Licensee
E
F
7/95
Exhibit VII
Page 1 of 1
SUBSIDIARY COMPANIES /. I
THIS EXHIBIT vn, effective as of 9/1r. 9 ~ is an integral part of
the License Agreement between BellSouth TeleCommunications, Inc. (Licensor), and
(Licensee), and contains a list of the subsidiary companies of the
Licensee (Licensee's Subsidiaries) which shall be governed by said Agreement.
1)
2)
3)
4)
Licensee I s subsidiaries shall be required to comply with the terms and conditions of the
Agreement and any amendments thereto,and Licensee shall remain jointly and severally liable
ro Licensor for such compliance.
7/9S
EXHIBIT VII
GEORGIA POWER POLE
ATTACHMENT AGREEMENT
POLE ATTACHMENT AGREEMENT
{SPECIFIC POLES}
BETWEEN
GEORGIA POWER COMPANY
I1iCS:~1'~~I-~f2-.. . ~
" Thi~ POI.E ~TT~C1lMENT AGREEMENT (this "Agreement"), effective as of 1./1--. t9.2 (the
Effective Date ), IS by and between GEORGIA PoWER COMPANY, a corporatio{ organized and existing
pursuant to the laws of the State of Georgia and having its princip lace of business at 33 ..Piedmont Avenue
N.E., Atlanta, Georgia 30308 ("Georgia Power"), and G:" ...~ ~
C01J>2. ration or~ and exiStingJP~ to. ll1I' laws of the Slate of J>z-I and having a P of busin~s
at '79 '/ -6- ?2~".,'" 73/1/':;/ HuH 011 L- ("Licensee").
Witnesseth
WHEREAS, Georgia Power is engaged in the genera-
tion, transmission and distribution of electricity within the
State of Georgia using, in part, wires and cables attached to
poles located in public and private rights~f-way and ease-
ments;
WHEREAS, Licensee is engaged, or proposes to engage,
in the provision of certain telecommunication services on a
common carrier basis using, in part, facilities located within
the State of Georgia; ,
WHEREAS, Licensee, in connection with the provision
of such common carrier telecommunication services, needs to
erect and maintain aerial cables, wires and associated applianc-
es and desires to attach certain of such cables, wires and
appliances to poles of Georgia Power;. and
WHEREAS, Georgia Power is willing to permit, to the
, extent that it may do so lawfulIy, the attachment of said
cables, wires and appliances to certain of its poles if, in its
judgment, such use will not interfere with its own service
requirements, including considerations of economy and safety,
and if Georgia Power is protected and indemnified against all
COSLs to it arising from such use;
Now, THEREFORE, in consideration of the premises
and of the mutual promises and covenants hereinafter set
forth, the parties hereto, intending to be legally bound, do
hereby agree as follows:
Article I.
Permission
I.A. Subject to the terms and conditions of this
Agreement, Georgia Power hereby agrees to permit Licensee
to attach aerial cables, wires and associated appliances used at
least in part for the provision of common carrier telecommuni-
cation services, to the poles identified in Exhibit A, on which
is indicated for each pole the exact location, the height and
class.
, I. B. At any time and from time to time, Licensee may
request permission to attach its facilities to additional poles of
Georgia Power. If Georgia Power in its sole discretion
agrees to permit Licensee to attach its facilities to any or all
of such additional poles, the parties shall prepare and execute
one or more additional Exhibits A identifying such poles and
indicating for each pole the exact location, the height and
class. No such Exhibit A shall be effective unless it is
executed on behalf of Georgia power by Georgia Power's
General Manager of Distribution or by an officer of Georgia
Power having company-wide responsibility for distribution
engineering matters, telecommunications matters, or both.
I.e. Attachments of Licensee to poles previously
owned by others, or deemed to be owned by others, which
come to be owned by Georgia Power, shall automatically
become subject to this Agreement upon Georgia Power's
ownership of such poles. Within a reasonable time after either
party learns of the transfer of ownership to Georgia Power of
any pole to which Licensee's facilities are attached, it shall
give written notice to the other party of such fact, and the
1
Georgia Power Company Pole AttacJunent Agl-eement
Telecommunications Common Carrier (Specific Poles)
parties shall prepare an addendum to Exhibit A identifying
such pole and indicating the exact location, the height and
class of the pole and the fact that Licensee's facilities were
attached to such pole at the time of the transfer of ownership
of the pole to Georgia Power, provided, however, that neither
party shall be in default or liable to the other party for failure
to provide any such notice except to the extent that the other
party is actually harmed by the failure to receive such notice.
1.0. Whenever Licensee's permission to use any pole
or poles of Georgia Power ceases or is terminAte<! pursuant to
any provision of this Agreement, such permission may be
reinstated only as provided in section I.B as though Licensee
had Dot previously used such pole or poles or received
permission from Georgia Power for such use.
I.E. Nothing herein shall be construed to authorize
Licensee
I.E.1. to attach any of its facilities to poles owned or
controlled by Georgia Power that have not been specifi-
cally identified on one or more Exhibit A on behalf of
Georgia Power as provided in section I.B other than
poles that are direct replacements for poles so identified
and poles previously owned by others which have come
to be owned by Georgia Power after the attachment of
Licensee's facilities thereto as provided in section I.C; or
I.E.2. to attach any cable, wire, equipment, apparatus,
or other item of property whatsoever to any pole owned
or controlled by Georgia Power unless such cable, wire,
equipment, apparatus, or other item of property is used at
least in part
a. in the provision of common carrier telecommuni-
cation services, or
b. in connection with LicenSee's business of provid-
ing common carrier telecommunication services.
r. F. Licensee shall give Georgia Power at least
thirty (30 ) days' prior written notice
before attaching any cable containing optical fibers or any
other material used or intended to be used to transmit commu-
nications by means of light, light waves or light pulses to any
pole of Georgia Power, specifically identifying the pole or
poles involved; provided, however, that if Licensee fails to
provide Georgia Power such prior written notice or to provide
it in timely fashion, then Licensee shall indemnify Georgia
Power and its affiliates and hold them harmless from and
against any loss of any kind or nature whatsoever incurred as
a result of Licensee's failure to provide such notice in timely
fashion, including without limitation, any loss resulti..i:lg from
the application of any provision of any agreement to which
Georgia Power or any affiliate of Georgia Power is bound,
whether or not Licensee lcnew or had reason to lcnow of such
agreement.
Article II.
Unauthorized Attachments
II.A. In the event that Licensee attaches any cable,
wire, equipment, apparatus, or other item of property whatso-
. ever to any pole owned or controlled by Georgia Power
without the express written approval of Georgia Power as
provided herein, then in addition to any other right or remedy
available to Georgia Power on account of such unauthorized
use of Georgia Power's pole by Licensee:
II.A.1. Georgia Power may in its sole discretion
require Licensee to remove any or all of such unautho-
rized attachments within thirty (30 )
days following written notice and, in the event that
Licensee fails to remove such attachments following such
written notice, may in its sole discretion remove any or
all of such unauthorized' attachments at the sole expense
of Licensee, without any liability to Licensee for such
removal or the manner in which it is accomplished; and
II.A.2. Licensee shall pay to Georgia Power, in
addition to the fee that would have been payable to
Georgia Power for such attachments if they had been
authorized by Georgia Power, the sum of
F i ftv Dollars ($ 50 ) per year for each
unauthorized attachment from the time such unauthorized
use of Georgia Power's pole commenced until the
EARLIER of:
a. the date on which such unauthorized attachment
is removed from Georgia Power's pole, or
b. thirty (30 ) days following
written notice from Licensee to Georgia Power
identifying such attachment as an unauthorized
attachment and requesting Georgia Power's permis-
sion to maintain such attachment on such pole pursu-
ant to this Agreement.
11.8. Attachments authorized by Georgia Power's
local personnel shall not be subject to the additional fee set
forth in subsection II.A.2, but shall be subject to removal as
provided in subsection ILA.I. Attachments to in-line drop-in
poles and drop attachments to lift (or spot) poles shall not be
subject to removal as provided in subsection II.A.l, but shall
be subject to the additional fee set forth in subsection II.A.2
unless Licensee provides written notice to Georgia Power of
the presence of such attachments and of Licensee's desire to
maintain such attachments on such poles pursuant to this
Agreement within thirty (30 ) days
following their attachment to such poles.
2
Georgia Power Company Pole Attachment Agreement
Telecommunications Common Carrier (Specific Poles)
Article III.
Maintenance of Ucensee's Facilities
III.A. Licensee's cables, wires and appliances, ~ each
and every location, shall be erected and maintained in accorD
dance with the requirements and specifications of the National
Electric Safety Code (-NESC.), as revised, and in compliaJlce
with any rules or orders now in effect or that hereafter may be
issued by any other authority having jurisdiction.
III.B. Licensee's cables, wires and appliances shall be
identified in each and every location. Markers shall be
installed on the strand, at every first, fifth and last mainline
pole attachment, including the first pole in all 1at.era1 lines and
at all crossover points. The color and the shape of the marker
shall be unique to Licensee and shall be used to identify
Licensee's facilities in that particular Georgia Power Company
district. Licensee shall obtain Georgia Power's prior approval
of its markers. Facilities in place on poles of Georgia Power
on the Effective Date shall be so identifiCd by Licensee at the
next system rebuild opportunity or otherwise as regular
maintenance or emergency repair work so permits, but not
later than . 19_. This requirement may
change from time to time as cable technology changes.
III.C. Licensee shall at all times place, maintain, rear-
range, transfer and remove its facilities attached to Georgia
Power's poles so as to keep such facilities in safe condition
and in thorough repair, and in a manner satisfactory to
Georgia Power and so as not to interfere with the use of said
poles by Georgia Power, or by other licensees of Georgia
Power using said poles, or interfere with the use and mainte-
nance of facilities thereon or which may from time to time be
placed thereon.
11I.0. Licensee shall at any time upon notice from
Georgia Power, remove, relocate, replace, or renew its
facilities placed on any of Georgia Power's poles, or transfer
them to substituted poles, or perform any other work in
connection with said facilities that may be required by'
Georgia Power in connection with Georgia Power's legiti-
mate business requirements or the legitimate business require-
ments of other licensees of Georgia Power using such poles;
provided, however, that nothing herein shall be construed to
require Licensee to perform any such work in order to
accommodate the requirements of any other licensee of
Georgia Power without reimbursement therefor by such other
licensee except as provided in section m.G. Notwithstanding
the foregoing, in cases of emergency as determined in the
reasonable judgment of Georgia Power, Georgia Power, in
its sole discretion, may arrange to remove, relocate, replace
or renew Licensee's facilities on such poles, or transfer them
to substituted poles or perform any other work in connection
with said facilities that may reasonably be required in the
maintenance, replacement, removal' or relocation of said poles,
the facilities thereon or which may be placed thereon, or for
the service needs of Georgia Power, and Licensee shall, on
demand, reimburse Georgia Power for the expense thereby
incurred.
litE. Licensee shall be responsible for all cutting and
trimming of trees and brush that may be required for clearance
around its own wires and cables. Any anchors or guys
required to accommodate the attachments of Licensee shall be
installed by and at the expense of Licensee and to the satisfac-
tion of Georgia Power. .
, III. F. In the event that any pole or poles of Georgia
Power identified in Exhibit A are inadequate to support any
facilities that Licensee desires to attach thereto, Georgia
Power will notify Licensee of the changes necessary to
provide adequate poles and the estimated cost thereof. If
Licensee still desires to make the attachments it shall authorize
Georgia Power to make the necessary changes and shall
reimburse Georgia Power, on demand, for all costs incurred
by Georgia Power in making such changes. Where Licensee's
desired attachments can be accommodated on present poles of
Georgia Power by rearranging Georgia Power's facilities
thereon, Licensee shall compensate Georgia Power for the'
full 'expense incurred in completing such rearrangements.
Licensee shall not be responsible for the cost of correcting
preexisting violations.
III. G . In the event that any pole or poles of Georgia
Power to which Licensee has attached its facilities would, but
for the attachments of Licensee, be adequate to support
additional facilities desired by Georgia Power or by a duly
authorized local exchange telephone company whose use of
Georgia Power's poles commenced prior to January 1, 1990
and whose use of the specific pole or poles involved com-
menced before Licensee's use of such specific pole or poles,
then Georgia Power shall notify Licensee of any changes
necessary to provide adequate poles and the estimated cost
thereof. Upon receipt of such notice Licensee shall remove its
facilities at its sole expense or reimburse Georgia Power, on
demand, for all costs incurred by Georgia Power in making
such changes.
III. H. Before placing a new cable outside of the location
on any pole assigned to Licensee, and before overlashing
facilities which would create a ,. bundle of greater than
three (3 ) inches in diameter, Licensee shall
contact Georgia Power's local personnel and secure written
approval of the proposed construction method and length of
time expected for the proposed construction.
111.1. Licensee shall exercise all appropriate precau-
tions to avoid damage to facilities of Georgia Power and of
others supported on said poles and shall make an immediate
3
Georgia Power Company Pole Attaclunent Agreement
Telecommunications CommoQ Carrier (Specific Poles)
report to Georgia Power of the occurrence of any such
damage.
III.J. Except as herein otherwise expressly provided,
Licensee shall perform or arrange for the placement, mainte-
nance, rearrangement, transfer and removal of its facilities
attached to Georgia Power's poles at QO expense to Georgia
Power. In any case where the placement, maintenance, rear-
rangement, transfer and removal of Licensee's facilities
necessitates the performance of wort related to facilities of
other licensees of Georgia Power, Licensee shall also perform
or arrange for the performance of such work related to such.
other licensees' facilities at no expense to Georgia Power.
Article IV.
Procedure for Transfer and
Rearrangement of licensee's
Facilities
IV.A. Whenever Georgia Power determines that it is
necessary to relocate or replace a pole to which Licensee has
attached its facilities or that Licensee's attachments on a pole
owned by Georgia Power must be rearranged in order to
accommodate the service requirements of Georgia Power or
another licensee of Georgia Power authorized to use such
pole, Georgia Power sha1l give Licensee notice of the need
for such transfer or rearrangement of Licensee's facilities by
electronic notification through the pole transfer notification
system provided by the Georgia Utility Protection Center (the
.Transfer Notification System").
IV.B. Unless Licensee performs such transfer or
rearrangement before Georgia Power has an opportunity to do
so, Georgia Power shall perform Such transfer or rearrange-
ment on behalf of Licensee if
IV.B.1. no splicing of Licensee's cables or wires is
required, and
IV.B.2. Georgia Power is able to transfer or rear-
range Licensee's facilities on the same trip to the pole
with other work to be performed by Georgia Power on
or with respect to such pole;
and shall promptly notify Licensee through the Transfer
Notification System that it has done so, in which case Licens-
ee shall pay Georgia Power for performing such transfer or
rearrangement based upon Georgia Power's standard work
order charges for fifteen (15 ) minutes of
a standard distribution line crew. It is expressly recognized
that Georgia Power may notify Licensee that it has trans-
ferred or rearranged Licensee's facilities on a pole at the same
time that it notifies Licensee of the need for such transfer or
rearrangement.
IV. C. If Georgia Power determines that it cannot so
transfer or rearrange LicenSee's facilities on any such pole, or
if Georgia Power determines that it desires to abandon the use
of any such pole, it shall notify .Licensee of such determina-
tion through the Transfer Notification System, in which case
Licensee shall rearrange, transfer or remove its facilities
located on such pole or poles within thirty
( .30 ) days following Licensee's receipt of such written
notice. If, at the expiration of such period, Georgia Power
shall have no facilities remaining on such pole but Licensee
shall not have removed all of its facilities therefrom, such pole
shall thereupon become the property of Licensee, and
Licensee shall indemnify Georgia Power and hold it harmless
from any obligation, liability, damage, cost, expenses or
charges incurred thereafter, because of, or arising out of, the
presence or condition of such pole or of any attachments of
any person thereon, regardless of any Negligence claimed on
the part of Georgia Power (including without limitation the
sole riegligence of Georgia Power prior to the conveyance of
such pole to Licensee) and shall pay Georgia Power a sum
equal to the then value in place of such abandoned pole or
poles, or such other equitable sum as may be agreed upon be-
tween the parties.
Article V.
Inspections and Surveys
Georgia Power may at any time and from time to time
survey the installation of Lic.en5e!!'s facilities and may make
periodic surveys of Licensee's facilities as conditions may
warrant. Such surveys, if made, shall not operate to relieve
Licensee of any responsibility, obligation. or liability or to
impose any responsibility, obligation or liability upon Georgia
Power. Licensee shall be responsible only for the expenses of
such periodic surveys as are reasonable in light of the number
of past violations, scope of the violation, and the period
elapsed since the last survey. Inspections each five
(5 ) years are presumptively reasonable. The cost of
inspections and surveys performed by Georgia Power
personnel shall be billed to Licensee based upon Georgia
Power's standard job order charges. The cost of pole counts
and similar surveys performed for Georgia Power by an
independent contractor shall be divided among the number of
licensees occupying the individual poles being counted, and the
portion so allocated to Licensee shall be billed to Licensee. '
Licensee agrees to make its personnel available to assist in
surveys and pole counts as reasonably Decessary.
4
Georgia Power Company Pole Attachment Agreement
Telecommunications Common Carrier (Specific Poles)
Article VI.
Easements and Rights-of-Way
Licemee shall be responsible for acquiring in its ~wn
name and at its own expense any and all easements or other
rights in land that may be required to permit the presence of
Licemee's facilities on Georgia Power's poles. Georgia
Power shall have no liability to Licemee for any failure 'to ,
acquire any such rights. Licensee shall secure authority to
, erect and maintain its facilities within public streets, highways
and other thoroughfares, and shall secure any necessary
consent from state or municipal authorities or from the owners
of the property upon which the poles are located to construct
and maintain Licemee's facilities thereon.
Article VII.
Rental Fees; Billing and Payment
VII.A. Licensee shall pay to Georgia Power, for
attachments made to poles under this Agreement, a rental at
an annual rate per pole equal to f i ftv percent
( 50 %) of Georgia Power's average annual cost per
pole of owning and maintaining distribution poles, determined
in accordance with the calculations set forth in Exhibit B and
based upon the most recent available FERC Form 1 data. Said
rental shall be payable annually, in advance, on the first day
of January of each year, based upon Georgia Power's
reasonable estimate of the amount payable for such year.
When final FERC Form 1 data become available, Licensee or
Georgia Power, as the case may be, shall pay to the other the
difference between the estimated amount and the amount due
based upon such final FERC Form 1 data, together with
interest thereon at a rate equal to the interest rate charged
from time to time during such period by Chemical Bank, New
York, New York, to its largest and most creditworthy
commercial borrowers plus two percent ( 2. %)
per annum, or such lesser interest rate as may be prescribed
by applicable law as the maximum lawful interest rate, until
paid.
VII. B. Should Licensee make more than one attachment
to any pole for a period of three (3 )
months or more, Licensee will be billed in full for each such
attachment. One attachment is defined as a single wire or
cable attached to the pole and other equipment, apparatus or
facilities of Licensee lashed to such wire or cable or (except
in the case of additional wires or cables) attached to the pole
and occupying a vertical section of the pole not exceeding
six (6 ) inches above and below the point of
attachment of the single wire or cable.
VII.C. Bills for expenses and other charges under this
agreement shall be payable within thirty
( 3 0 ) days after presentation. All undisputed charges
shall be due on time. Any unpaid amount (including any
disputed portion that is ultimately determined to be due) and
any amount paid that is ultimately determined not to be due
shall beat interest at a rate equal to the interest rate charged
from time to time during such period by Chemical Bank, New
York, New ' York, to its largest and most creditworthy
commercial borrowers plus two percent (2 %)
per annum, or such lesser interest rate as may be prescribed
by applicable law as the maximum lawful interest rate, until
paid or refunded.
Article VIII.
Warnings to Employees
Licensee shall specifica.1lyand adequately warn each and
every employee of Licensee or Licensee's contractors or
agents of the danger inh~rent in making contact with the
electrical conductors of Georgia Power or of coming closer
to same than permitted by the NESC or by Occupational
Safety and Health Administration regulations, before such
employee is permitted to perform any worle on or near any
facilities belonging to Georgia Power.
Article IX.
Indemnification;
Limitation of Liability
IX.A. For purposes of this Article IX and as used
herein, the terms set forth below shall be defined as follows:
IX.A.1. Claim. The term "Claim. includes any
liability, loss, damage, claim or cause of action of any
kind or nature (including without limitation damage to
property and injury to or death of persons), whether
actual or alleged, or payment of any sum or sums of
money to any entity or person whomsoever and any
expenses connected therewith (including without limitation
litigation costs and reasonable attorney fees).
IX.A.2. Employee. The term "Employee"
incl~des any employee of a party or of any contractor or
agent of such party.
IX.A.3. Negligence. Except as limited by
express language, the term "Negligence" includes sole,
joint or concurring negligence of whatever kind, including
without limitation, negligence of a party or its employees,
contractors or agents or the employees of such contractors
5
Georgia Power Company Pole Attachment Agreement
Telecommunications Common Canier (Specific Poles)
or agents, and regardless of whether there is concurring
negligence on the part of some third party.
IX.A.4.. Personal Injury. The te:m "Per9ooaI
Injury" includes any injury to or death of any natural
person.
IX.A.5. Third Party Claim. A .Third Party
Claim" is a Claim (as defined in subsection DCA.l)
asserted against one or both of the parties hereto by a
person or entity other than the parties and their employ-
ees, contractors and agents and the employees of their
contractors and agents.
IX.B. Licensee acknowledges that there may be certain
risks inherent in placing its telecommunication facilities in
proximity to Georgia Power's electric power distribution
facilities. Licensee hereby expressly and specifically ~
all such risks and releases and agrees to indemnify and hold
Georgia Power harmless from and against any and all Claims
(including without limitation, Third Party Claims) resulting
directly or indirectly, in whole or in part, from electrical
contact with Licensee's facilities or any part thereof, including
without limitation any such electrical contact resulting from the
Negligence of Georgia Power, except for Third Party Claims
resulting from the sole negligence of Georgia Power. Licens-
ee shall. maintain sufficient insurance coverage to protect
Georgia Power from Claims as provided in this section IX.B.
IX.C. Georgia Power shall not be liable to Licensee
for any interruption to service of Licensee or for interference,
however caused, with the operation of the cables, wires and
appliances of Licensee, arising in any manner out of the use
of Georgia Power's poles hereunder, including any effects
undesirable to Licensee which the presence, breakdown,
operation, maintenance, alterations of, or additions to, the
lines and other facilities of Georgia Power or other licensees
using ~rgia Power's poles may have 'upon the attachments
or the transmissions of Licensee, even if the cause of such
effects may be attributable to Negligence on the part of
Georgia Power. Notwithstanding the foregoing, Georgia
Power shall reimburse costs actually and reasonably incurred
by Licensee in repairing or replacing cables, wires and other
facilities of Licensee damaged due to the Negligence of
Georgia Power and resulting from causes other than electrical
contact with the facilities of Licensee.
IX.D. Licensee shall not be liable to Georgia Power .
for any interruption to service of Georgia Power or for
interference, however caused, with the operation of the cables,
wires and appliances of ~rgia Power, arising in any
manner out of the use of ~rgia Power's poles hereunder,
including any effects undesirable to Georgia Power which the
presence, breakdown, operation, maintenance, alterations of,
or additions to, the lines and other facilities of Licensee may
have upon the attachments or the transmissions of Georgia
Power, even if the cause of such effects may be attributable
,to Negligence on the part of Licensee. Notwithstanding the
foregoing, Licensee shall reimburse costs actually and
reasonably incurred by Georgia Power in, repairing or
replacing cables, wires and other facilities of Georgia Power
damaged due to the Negligence of Licensee.
IX.E. Licensee shall indemnify Georgia Power and
hold, it harmless from and against Claims arising out of any
PersOnal Injury to any Employee of Licensee or damage to
property owned by any Employee of Licensee, including
without limitation any such Claim which is caused in whole or
in part by the Negligence of Georgia Power. Throughout the
Term of this Agreement, Lie:ensee shall maintain sufficient
insurance coverage to protect Georgia Power from Claims as
provided in this section.
IX.F. Georgia Power shalI indemnify Licensee and
hold it harmless from and against Claims arising out of any
Personal Injury to any Employee of Georgia Power or
damage to property owned by any Employee of Licensee,
including without limitation any such Claim which is caused
in whole or in part by the Negligence of Licensee. Throughout
the Term of this Agreement, Georgia Power shall maintain
sufficient insurance coverage to protect Licensee from Claims
as provided in this section.
IX. G. Licensee shall indemnify Georgia Power and
hold it harmless from and against Third Party Claims in any
way attributable to or arising out of Licensee's use of ~rgia
Power's poles or the location, presence, condition, operation,
maintenance or use of Licensee's facilities located on ~rgia
Power's poles, including without limitation any such Third
Party Claim which is caused in whole or in part by the
Negligence (other than sole negligence) of Georgia Power.
Throughout the term of this Agreement, Licensee shall
maintain sufficient insurance coverage to protect ~rgia
Power from Claims as provided in this section.
IX. H. Georgia Power shall indemnify Licensee and
hold it harmless from and against Third Party Claims which
are caused by the sole negligence of Georgia Power and
which in any way are 'attributable to or arise out of any use of
Georgia Power's poles or the location, presence, condition,
operation, maintenance or use of any of Georgia Power's
poles or of any facilities. located on Georgia Power's poles.
IX.1. Licensee shall indemnify and hold harmless
Georgia Power from and against any penalties, fines or
forfeitures imposed by a governmental authority or expenses
associated therewith (including without limitation litigation
costs and reasonable attorney fees) arising out of any failure
or refusal by Licensee or any customer of Licensee to comply
with any law, statute, regulation, rule, ordinance, order,
injunction, writ, decree or award of any government or
political subdivision thereof, or any agency, authority, bureau,
6
Georgia Power Company Pole Attachment Agreement
Telecommunications Common Carrier (Specific Poles)
commission, department or instrumentality thereof, or any
court, tribunal or arbitrator, applicable to the furnishing or use
of telecommunication services.
IX.J. Settlement and Defense of Claims.
IX.J.1 . Should any Claim arise after the Effec-
tive Date for which either party to this Agreement is or
may be liable under the terms of this Agreement, the
indemnified party (-Indemnitee-) sball notify the party
providing indemnification ("Indemnitor-) within a reason-
able time after Indemnitee obtains knowledge of any
Claim subject to these indemnification provisions. Indem-
nitee's failure to provide timely notice of a Claim shall
not relieve Indemnitor of its obligations hereunder except
to the extent such failure results in a material adverse
effect on Indemnitor. Indemnitor, at its option, may settle
or compromise such Claim or retain counsel of' its own
choosing and control and prosecute the defense of ,such
Claim at the sole expense of Indemnitor.
IX.J.2. So loog as Indemnitor assumes the
defense of any such Claim and protects the assets of
Indemnitee from levy, lien or seizure, Indemnitor shall be
entitled to control the conduct of such defense and shall
not be responsible for any expenses of Indemnitee in
connection with the defense of any such Claim or for any
settlement of such Claim by Indemnitee entered into
without the written consent of Indemnitor, which shaH not
be unreasonably withheld or delayed. Should Indemnitor,
refuse to assume the defense of any Claim foHowing
demand from Indemnitee to do so, then Indemnitor shall
be liable for any settlement of such Claim entered into in
good faith by Indemnitee. '
IX.J.3. In the event that Indemnitor shall fail or
refuse foHowing the request of Indemnitee to indemnify
Indemnitee as provided in this Agreement or to assume
the defense of an action or claim as required by any
provision of this Agreement, and such failure or refusal
subsequently is determined to have been without a
reasonable basis in law or fact, then (in addition to the
indemnification obligation set forth in this Agreement)
Indemnitor shall be liable to Indemnitee for liquidated
damages in an amount equal to twenty-five percent (25 %)
of the amount for which Indemnitor is otherwise liable to
Indemnitee pursuant to this Agreement in order to com-
pensate Indemnitee for the time expended by its officers
and employees in connection with the defense of the
Claim for which indemnification was requested by
Indemnitee.
IX.K. Nothing in the foregoing sections of this Article
IX shall be construed to require one party to this Agreement
to indemnify the other party to this Agreement for any cost or
expense that is to be borne by such other party pursuant to any
provision of this Agreement other than the provisions of this
Article IX.
IX.L. Except to the extent that a provision of this
Agreement requires a party to maintain or provide insurance,
nothing in this Agreement shall be construed to require either
party to indemnify the other against liability for damages
arising out of bodily injury to persons or damage to property
caused by or resulting from the sole negligence of the indem-
nitee, its agents or employees, in connection with the construc-
tion, alteration, repair or maintenance of a building structure,
appurtenances and appliances, including moving, demolition
and excavating connected therewith, as such terms are
employed in Official Code of Georgia Annotated ~ 13-8-2(b).
IX. M. Either party may satisfy any requirement pursuant
to this Article to provide or maintain insurance coverage with
respect to Claims by a particular person or entity (or class of
persons or entities) by requiring such person or entity (or all
members of such class of persons or entities) to release and
indemnify the other party and its Employees from and against
such Claims. Either party may satisfy any requirement
pursuant to this Article to provide or maintain insurance
coverage with respect to a particular class of Claims through
self-insurance if commercial insurance is Dot reasonably
available for such class of Claims, and Georgia Power may
satisfy any requirement pursuant to this Article to provide or
maintain insurance coverage with respect to a particular class
of Claims through self-insurance to the extent that it is
Georgia Power's practice in connection with other aspects of
its business to insure against such class of Claims through self-
insurance. Notwithstanding the foregoing provisions of this
section IX.M, throughout the Term of this Agreement
Licensee shall' maintain in force and effect one or more
general liability insurance policies providing minimum
coverage (including without limitation, coverage for liabilities
contractually assumed) of One Million Dollars
($ 1.000.000.00 ) per occurrence and in the
aggregate for bodily injury, Five Hundred
Thousand Dollars ($ 500 1000.00 ) per
occurrence for property damage, and excess liability umbrella
coverage of Three Million Dollars
($ 3.000.000.00 ). All such policies shall
contain a waiver of subrogation in favor of Georgia Power
and its Employees as defined herein.
Article X.
Non-Waiver
Failure to enforce or insist upon compliance with any of
the terms or conditions of this Agreement shall not constitute
a general waiver or relinquishment of any such terms or
7
Georgia Power Company Pole Attachment Agreement
Telecommwiications Common Carrier (Specific Poles)
. .
conditions, but the same shall be and remain at all times in
full force and effect.
Article XI.
Reservation of Rights; Rights of
Other Licensees
XI.A. Georgia Power reserves to itself, its successors
and assigns, the right to maintain its poles and to operate its
facilities thereon in such manner as will best enable it to fulfill
its own service requirements.
XI.B. Nothing herein contained shall be construed as
affecting the rights or privileges previously conferred by
Georgia Power, by contract or otherwise, to others, not
parties to this Agreement, to use any poles covered by this
Agreement; and Georgia Power shall have the right to
continue and extend such rights and privileges. The attachment
privileges herein granted shall at all times be subject to such
existing contracts and arrangements. The attachment privileges
herein granted shall be non-exclusive, and Georgia Power
shall have the right in its sole discretion to grant attachment
privileges of any sort to any person, firm or corporation.
Nothing herein contained shall be construed to compel
Georgia Power to arbitrate disputes among licensees as to
who has a superior claim.
Article XII.
Assignment
XII.A. Generally.
Subject to the provisions of section XII.B, Licensee may
assign the privileges hereby granted to any person or entity
that controls, is controlled by, or is under common control
with Licensee, by giving Georgia Power written notice of
such assignment, but shall not otherwise assign, transfer or
sublet such privileges without the prior consent in writing of
Georgia Power, which shall not be unreasonably withheld or
delayed; provided, that it shall not be unreasonable for
Georgia Power to withhold consent to any such assignment,
transfer or subletting on the ground that the proposed assignee,
transferee or sublessee is a cable television operator; provided
funher, that in the event that Georgia Power withholds
consent to any such proposed assignment, transfer or sublet-
ting on the ground that the proposed assignee, transferee or
sublessee is a cable television operator, then Georgia Power
agrees to use its reasonable best efforts to negotiate in good
faith with Licensee, such proposed assignee, transferee or
sublessee, or both, to arrive at a new agreement permitting
such proposed assignee, transferee or sublessee to maintain
facilities on Georgia Power's poles on terms and conditions
generally consisteotwith those under which Georgia Power
permits other cable television operators to maintain facilities
on its poles. Subject to the foregoing, this Agreement shall
extend to and bind the successors and assigns of the parties
hereto.
XII.B. To Cable Television Operator.
In the event that Licensee or any person or entity that
controls, is controlled by, or is under common control with
Licensee becomes a cable television operator (including
without limitation, through the acquisition of a cable television
operator, by Licensee or by any person or entity that controls,
is controUed by, or is under common control with Licensee)
Licensee shall promptly give written notice to Georgia Power
of such occurrence; provided, however, that Licensee shall not
be in default or liable to Georgia Power for failure to provide
any such notice except to the extent that Georgia Power is
actually harmed by the failure to receive such notice. Whether
or not Licensee provides or has provided notice to Georgia
Power as required by the immediately preceding sentence, in
the event that Licensee becomes a cable television operator,
this Agreement shall automatically terminate one
hundred eiqhty (180) days after the
date on which Licensee becomes a cable television operator;
and in the event that Licensee assigns, sublets or transfers this
Agreement or any right or privilege hereunder to any person
or entity that controls, is controlled by, or is under common
control with Licensee and that is a cable television operator,
this Agreement shall automatically terminate to the extent of
the rights or privileges so assigned, sublet or transferred
one hundred eighty (180) days
after the date of such assignment, subletting or transfer;
provided, however, that in either such case, Georgia Power
agrees to use its reasonable best efforts during such one
hundred eiqhty (180) day period to
negotiate in good faith with Licensee, such assignee, or both.
to arrive at a new agreement permitting Licensee or such
assignee to continue to maintain facilities on Georgia Power's
poles on terms and conditions generally consistent with those
under which Georgia Power permits other cable television
operators to maintain facilities on its poles.
XII.C. Provision of Service Not Deemed
Assignment.
The provision of common carrier or private carrier
telecommunication serviCes by Licensee to an affiliated or
unaffiliated cable television operator in the ordinary course of
Licensee's business of providing telecommunication services
for hire shall not be deemed to be an assignment. transfer, or
subletting to such cable television operator of any right or
privilege under this Agreement unless Licensee asserts, or
such cable television operator asserts and it is finally d~ter-
8
Georgia Power Company Pole Attaclunent Agreement
Telecommunications Common Carrier (Specific Poles)
mined by a court or agency of competent jurisdiction in an
order that is not subject to further appeals, that such provision
of telecommunication services by Licensee renders this
Agreement and Licensee's use of Georgia Power's poles
subject to the provisions of 47 U.S.C. f 224.
Article XIII.
No Property Right
Except as provided in subsection IV.C, no use, however
extended, of Georgia Power's poles under this Agreement
shall create or vest in Licensee any ownership or property
rights in said poles, but Licensee's rights therein shall be and
remain a mere license. Nothing herein contained shall be
coostnled to compel Georgia Power to maintain any of said
poles for a period longer than demanded by its own service
requirements.
Article XIV.
Term; Termination
XIV.A. 1bis Agreement shall become effective upon
its execution and if not otherwise terminated, shall continue in
effect for ten (10 ) years, and thereafter,
until either party gives six (6 ) months
written notice of its desire to terminate this Agreement.
XIV.B. Upon notice 'from Georgia Power to
Licensee that the use of any pole or poles is forbidden by
public authorities, judicial decree or property' owners,
Licensee's permission to use such pole or poles shall immedi-
ately terminate, and Licensee shall remove its cables, wires
and appliances from the affected pole or poles at once;
provided, however, that if Licensee in good faith disputes the
validity of the act upon which such notice from Georgia
Power is based, Licensee may leave said cables, wires and
appliances on poles for a period not to exceed
tw~ntY-four (24 ) months pending
resolution of the matter. Licensee shall indemnify Georgia
P.ower and hold it harmless from and against any claim of any
kind or nature based upon Licensee's failure to remove its
~bles, wires, and appliances from Georgia Power's poles as
dIrected by any public authority or property owner.
XIV.C. If Licensee shall fail to comply with any of
the provisions of this Agreement, including the specifications
hereinbefore referred to, or default in any of its obligations
under this Agreement and shall fail within thirty
( 30 ) days after written notice from Georgia Power to
~:rect such default or non~mpliance, Georgia Power may,
In its sole discretion, forthwith terminate this Agreement either
in its entirety or with respect to the poles as to which such
default or non-<:ompliance shall have occurred; provided,
however, that in the event that a default by Licensee cannot
reasonably be cured within such thirty
( 3 0 ) day period, if Licensee proceeds promptly to
cure the same and prosecutes such cure with due diligence the
time for curing such default shall be extended, for such ~riod
of time as may be reasonably necessary to complete such cure.
XIV. D. In the event that for any reason Licensee
~ to provide, or is legally prohibited from providing, at
least 10 part, common carrier telecommunication services, this
Agreement and all rights and privileges of Licensee hereunder
shall automatically terminate forthwith.
XIV.E. Upon termination of this Agreement in
accordance with any of its terms, Licensee shall immediately
remov~its cables, wires and appliances from all poles of
Georgia 'Power. If not so removed, Georgia Power shall have
the right to remove them at the cost and expense of Licensee
and without any liability therefor.
Article XV.
Removal of Facilities by Licensee
XV.A. Licensee may at any time remove its
attachments from any pole or poles of Georgia Power, but
shall give Georgia Power written notice of such removal prior
, to or within thirty (30 ) days following
removal. No refund of any rental will be due on account of
such removal. In its notice to Georgia Power that it has
removed or intends to remove its facilities from one or more
of Georgia Power's poles, Licensee shall state whether or not
Licensee intends to replace such facilities on each such pole.
XV.B. If Licensee notifies Georgia Power that
Licensee does not intend to replace such facilities 00 any such
pole, or if Licensee fails to state in a timely notice provided
pursuant to section XV.A whether Licensee intends to replace
its facilities on any such pole, then Licensee's permission to
use such pole shall cease as of the date of such notice. If
Licensee fails to notify Georgia Power of the removal of its
facilities from any Georgia Power pole as required by section
XV.A, then Licensee's permission to use such pole shall cease
th irty (30 ) days after such removal unless
Licensee replaces such facilities on such pole within such
th irty (30 ) day period.
XV.C. If Licensee notifies Georgia Power in a
timely written notice provided pursuant to section XV.A that
it intends to replace the facilities it has removed or intends to'
remove from any pole or poles, Licensee's permission to use
such pole or poles, and its obligation to pay the rental fee
specified in section VILA with respect to such pole or ~les
9
Georgia Power Company Pole Attaclunent Agreement
Telecolllli1unicatioDS Common Carrier (Specific Poles)
shall (uniess otherwise termwlltoo as provided herein) extend
until the end of the calendar year next following the date of
such notice, but shall cease at the end of such next calendar
year if Ucemee has not replaced its facilities on such pole or
poles and given Georgia Power written notice of such
replacement by such date; provided, however, that Licensee
may further extend its permission to use such pole or poles for
one (1 ) additional calendar year(s) by giving
Georgia Power written notice within ' ninety '
( 90 ) days prior to such date of its continued intention
to replace such facilities and by paying the rental fee with
respect to such pole or poles for the additional calendar year.
Article XVI.
Notices
XVI.A. Unless otherwise provided in tlusAgreement,
all notices, requests, demands and other communications
pursuant to this Agreement will be in writing and will be
mailed, telecopied, telexed or delivered to the parties at the
addresses shown below (or at such other addresses as will be
given in writing by the parties to one another) and will be
effective and deemed given (i) if mailed, three (3) days after
placement in the United States Mail, postage prepaid, by
registered or certified mail, return receipt requested; (ii) if
telecopied, when received; (iii) if telexed, when dispatched
and confirmation of message received; or (iv) if delivered
personally or by a nationally recognized express courier
service, when delivered:
XVI.A.1. If to Georgia Power:
Georgia Power Company
P. O. Box 4545
Atlanta, Georgia 30308
Attn: General Manager, Distribution
with an additional copy (which shall not constitute notice) to:
Troutman Sanders
5200 NationsBank Plaza
600 Peachtree Street, N.E.
Atlanta, Georgia 30302
Attn: Charles V. Gerkin. Jr.
XVI.A.2. If to Licensee:
Attn:
with an additional copy (which shall not constitute notice) to:
Attn:
XVI.B. Notwithstanding the foregoing, any notice
concerning or relating to
XVI. B. 1. the transfer, rearrangement, relocation,
removal, replacement or renewal of any facilities of
Licensee in cOnnection with
a. the performance of any other work on or related
to
( 1) - the pole or poles to which such facili ties
of Licensee are attached or
(2) - any facilities of Georgia Power or of
any other licensee of Georgia Power,
or
b. the abandonment of any pole by Georgia Power;
or
XVI. B. 2. any transfer of ownership of any pole or
poles to Licensee pursuant to subsection IV.C
may be transmitted through the Transfer Notification System
and, if so transmitted, shall be effective and deemed delivered
when made available to the addressee by the Transfer Notifi-
cation System.
Article XVII.
Security
Licensee shall furnish bond or satisfactory evidence of
contractual insurance coverage to guarantee the payment of
any sum which may become due to Georgia Power for rentals
or for work performed for the benefit of Licensee under this
Agreement, including the removal of attachments upon
termination of this Agreement by any of its provisions. The
amount of the contractual insurance coverage is subject to be
increased or decreased whenever, in the judgment of Georgia
Power, such action is deemed advisable from the standpoint
of protecting the payments due Georgia Power as set forth
above. Licensee shall abide by the terms and conditions set
forth in Exhibit C as to requirements for pole attachment bond
and insurance.
Article XVIII.
Expenses of Litigation
If either party shall bring an action against the other by
reason of breach of any covenant, warranty, representation or
condition hereof, whether for declaratory or other relief, the
prevailing party in such suit shall be entitled to such party's
costs of suit and attorneys' fees.
10
Georgia Power Com~y Pole Attachment Agreement
Telecommunications Common Carrier (Specific Poles)
Article XIX.
Prior Agreements Abrogated
GEORGIA POWER COMPANY
All existing agreements between the parties concerning the
use of Georgia Power's poles by Licensee are, by mutual
consent, hereby abrogated and annulled; provided, however,
that the foregoing shall not be construed as a release or waiver
of any obligation undec any such agreement arising out of \
events occurring prior to the Effective Date. '
~~e: i3f,;~~~~~",~~^"
Article XX.
Supplemental Procedures
.HL~
.. L {;" 1f~I'C::-r'
Nothing herein shall preclude the parties from preparing
such supplemental operating routines or working practices, not
inconsistent with the provisions hereof, as they mutually agree
to be necessary or desirable effectively to administer the
provisions of this Agreement.
By:
Title:
5C-L157 ~.s
~ "'Q:v..... 'L?{>"":'-
-z. r- -z.l <1. <
Article XXI.
Confidentiality
In the absence of a separate Confidentiality Agreement
between the parties, if either party provides confidential
information to the other in writing and identified as such, the
receiving party shall protect the confidential information from
disclosure to third parties with the same degree of care
accorded its own confidential and proprietary information.
Neither party shall be required to bold confidential any
information which-
XXI.A. becomes publicly available other than
through the recipient;
XXI. B. is required to be disclosed by a governmen-
tal or judicial order, rule or regulation;
XXI.C. is independently developed by the recipient;
or
XXI. D. becomes available to the recipient without
restriction from a third party.
These obligations shall survive the expiration or termination of
this Agreement for a period of two (2) years. The parties
agree to use their reasonable best efforts to avoid disclosing to
eacb other confidential information which is not reasonably
required for the administration of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be duly executed as of the Effective-Date.
11
Georgia power Company Pole Attachment Agreement
Telecommunications Common Carrier (Specific Poles)
Exhibit A
Identification of Poles
Authorized for Use
by ,Licensee
Any revision, modification or amendment adding poles to this Exhibit A, or any additional
Exhibit A, must be executed on behalf of Georgia Power by Georgia Power's General Manager
of Distribution or by a vice president of Georgia Power having company-wide responsibility for
distribution engineering m~tters, telecommunications matters, or both.
"""
Georgia Power Company Pole Attachment Agreem,ent
Telecommunications Common Carrier (Specific Poles)
Application and Permit
. for Additional Poles
Date:
f? ftz/
, 192-4
In accordance with the terms of the uPole Attachment Agreement ~ifi9 Poles) between
Georgia Power Company and%,,,,t:j;;i 4'~(;~dated ~ /'1// 9 ~, 19_,
application is hereby made for attachments to the poles (described below:
-Number of Poles:
Location (s):
Additional Information, if needed:
f6#-
S}<.IS{ 4v-~S .
- -e.-~~s
.~.oJr"- -c I
-z-{-z. ....l~ ~
//1C S__ #/:.rt L-;j?'
By:~~-4
Title: ~~4 ~
The permit to attach to the above-mentioned poles is hereby granted, subject to the terms of
the Pole Attachment Agreement.
Georgia Power Company
By:
Title:
Date:
, 19_
This permit is valid only.if signed on bebalf of Georgia
Power Company by its General Manager of Distribution
or by a vice president baving company-wide responsi-
bility for distribution engineering matters, telecommuni-
cations matters, or both.
Georgia Power Company Pole Attachment Agreement
Telecommunications Common Carrier (Specific Poles)
Exhibit B
Computation of Pole
Ownership and Maintenance Cost
'.- 0'
" ' Georgia Power's average annual cost per pole of owning and maintaining distribution poles,
, "for purposes of determining the rental fee payable by Licensee to Georgia' Power pursuant to
section Vll.A of this Agreement, shall be determined in accordance with the methodology set
forth in this Exhibit B. Georgia Power shall provide all information required for the calculations
set forth in this Exhibit to Licensee upon request contemporaneously with statements for rental
fees.
Georgia Power Company Pole Attachment Agreement
Telecommunications Common Carrier (Specific Poles)
. Exhibit C
Security Bond and Insurance Requirements
EXHIBIT V
KMC SOUTHEAST CORP.
INTERSTATE DOMESTIC
TELECOMMUNICATIONS
SERVICES TARIFF
't l\
,
TARIFF F.e.c. NO.1
QriaiDal Title Page
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
KMC - SOUTIIEAST CORP.
This tariff contains the terms and conditions, service description andmtes generally
applicable to telecommunications services furnished by KMC - Southeast Corp., hereinafter
referred to as the Company, between and among domestic points within the United States.
The name, title, and street address of this tarift's 1ssuing Agent are located on the bottom
of each tariff page.
The services listed herein may be provided by means of fiber or copper wire, microwave
or any other suitable technology or a combination thereof.
Issued: 10/1195
Effective: 11/15/95
o. Scott Brodey, Sr.
Chief~nl Officer
JCMC - ~nlltM..t Coq). .
:t {.~.
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO. I
Original Page 1
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
CHECK SHEET
The Original Title Page and Original Pages 1 through 34, inclusive, of this tariff are
effective as of the date shown.
lap Revision lap Revision
1 Original 22 Original
2 Original 23 Original
3 Original 24 Original
4 Original 25 Original
5 Original 26 Original
6 Original 27 Original
7 Original 28 Original
8 Original 29 Original
9 Original 30 Original
10 Original 31 Original
11 Original 32 Original
12 Original 33 Original
13 Original 34 Original
14 Original . 35 Original
15 Original 36 Original
16 Original 37 Original
17 Original 38 Original
18 Original 39 Original
19 Original .40 Original
20 Original 41 Original
21 Original
Issued: 10/1195
Effective: 11/15/95
o. Scott Brodey, Sr.
Chief Qpmati", Offieer
ICMC - Son."-" eoq,.
~ f,
~
KMe. SOUTHEAST CORP.
TARIFF F.e.c. NO.1
Origiual Page 2
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
TABLE OF CONTENTS
CIiECK SlIEET............................................. .... ......... ...... ....... ....................... ............... .......1
Pap No.
TABLE OF CON1'ENTS........................... ...... .......... .............. .................. ................... .,...... ...2
CONCURRING CARRIERS.......................... ...... ..... ...........:.. ............................ ..................5
CONNEC11N G CARRIERS........................... ............... ............. ...........................................5
OTIIER PAR ncIP A 'fING CARRIERS.................... ...........................................................5
EXPLANATION OF SYMBOLS AND ABBREVlA TIONS...............................................6
1. APPLICATION OF T ARIFF................................................................................~.... 7
2. TERMS AND CONDITIONS..... ... .............. ........... ............. .:.... .......... ... .................8
2. I Undertaking of the Company.............. .......................................... ............. ....8
2.1.1 Scope.................... .......... ........ ..... .......... ...................................... .......8
2.1.2 Shortage of Equipment or Facilities...................................................9
2.1.3 Ownership of Facilities..................................................................... 1 0
2.1.4 Governmental Authorizations...........................................................l1
. 2.1.5 Rights of Way................................................................................... 12
2.1.6 Term of Service................................................................................ 12
Issued: 10/1/95 Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qpmminr Officer.
KMC. Soutlwult Coq).
'I "
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
KMC . SOUTHEAST eoRP.
TARIFF F.C.C. NO.1
Original Page 3
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
TABLE OF CONTENTS (Cont'd)
Liability of the COlllpany.................... ....... ..... ............. ..... .......... ......... ................... ..12
Allowan.ces of IntemwtioM in Service..............................................~.....................17
2.3.1 Credit for Interruptions.................................~...............................................17
2.3.2 'Limitations on Allowances...........................................................................18
Obli i'ations of the Customer........ ........... ........ ............. ........ .... .......... ....... .......... ....21
2.4.1
2.4.2
2.4.3
SCOJ>e. .......................... ...... ..... .... ...... ...... ........ ..... ............... ..... ..... ... ... ....... ...21
Paym.en'ts............................... ~.............o..........................................................2S
Indemni.fica.ti 00............................................................................................ .29
Cancellation of Service.. .......................................................................................... .30
Discontinuance of Service.........................................................................................3 0
Chan l{es in Equipment and Services........................................................ .................32
Prohibited Uses........................... ................ ....... ......... ...... ......... ......... ......................33
Ass; vment......................... ......... ............... ...... ... ............ ............ .......... .............. .... ..34
License... Aien.c::)' or Partrtetsmp.... ... ...... ....... ....... .... ........ ............ ..... ............ .......... ...3 5
Issued: 10/1195
Effective: 11/15/95
o. Scott Brodey, Sr.
Chief Qpmatinr Officer
KMC - ~,1tM.at eoq,.
"
"
KMC - SOUTHEAST CORP.
TARIFF F.e.c. NO.1
0rigiDa1 Pap 4 '
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
2.11
PrQpri~ InfhTrnarion.............................................................................................3 5
2.12
PromotiOM................................................................................................ .................36
2.13
W siver of Nonrecurrini Chqes. ......... ....... ... ....... ........ ..... .... ...... .............. ......... ....36
3.
SERVICE D ESCRIP'TI ONS...... ...... ............. .... ....... .... .......... ................. ... ........ ..~ ... .36
3.1 Dec::iiC!RtM A~s Service..... ... ......... ............ ............. ........ ... ............... ..~ ,...... .36
3.1.1
3.1.2
3.1.3
~w Capacity service (08-0)... ........... .......... ......... ..........................36
High Capacity Digital Service (OS-l ).............. ......................... ........37
Very High Capacity Service (OS-3)......................................:...........37
3.2
Res.a.le Service..c:;... ........ ... ..... ......... ......... ........... .... ... ....... .......... ~..... ..... .......... ...3 8
3.3
Definitions..... ... .... ... ..... ... ...... ................ ............ ...... ... ....... ...... ..... ............ ... ..3 8
4. ' RATE INFORMA nON ........................................................................ .....................39
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief ~nr OffiClll'
. ICMC - Snut""'-.. ~.
'\ '\
KMC - SOU'll'llEAST CORP.
TARIFF F.e.c. NO.1
QriaiDal Page 5
INTERSTATE DOMESTIC TELEeOMMUNlCATlONS SERVICES
CONCURRING CARRTF.R~
NO CONCURRING CARRIERS
CONNECl'lNG CARRTF.R~
NO CONNECI1NG CARRIERS
OTHER PARTICIPATING CARRTF.R~
NO OTHER P ARTlCIP ATlNG CARRIERS
Issued: 10/1195
Effective: 11/15/95
o. Scott Brodey, Sr.
Otief Qperatinr Officer
ICMC. SoutMm ~.
. :' . ::::;:~\'.~ .~.: ~.. .
" '\
KMC . SOUTHEAST CORP.
TARIFFF.C.C.NO.l
0riaiDaI Pap 6
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
EXPLANA nON Oli' SVMROL~
C to signify changed regulation~
D to signify discontinued rate or regulation.
I to signify increase.
M to signify matter relocated without change. '
N to signify new rate or regulation.
R to signify reduction.
S to signify reissued matter.
T to signify a change in text but no change in rate or regulation.
Z to signify a correction.
Issued: 10/1195
Effective: 11/15/95
. G. Scott Brodey, Sr.
Chief Qpmati"1 Offi~
ICMC . ~lnt-at Coq).
, '\
KMC. SOUTHEAST eoRP.
TARIFF F.C.C. NO. I
QriaiDal Page 7
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 1 -APPLICATION OF TARIFF
This tariff contains the regulations and rates applicable to the provision of .'
Telecommunications Services by KMe-Southeast Corp. (Hereinafter ~JLed to as the
Company), from its operating location(s) in the United States. Service is fumislied subject to
tranmni~on, atmospheric and like conditions.
Issued: 10/1195
Effective: 11/1 5195
o. Scott Brodey, Sr.
Chief Qpmatinr Offieer
KMC - ~nlltM.at Coq).
.
, '\
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 8
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS
The following terms and'conditions apply to the interstate common carrier , ,
telecommunications services provided by the Company, pursuant to this tariff, which services do .
not include private carriage, carrier to carrier contracts, or other non-common-carrier services.
2.1 Underiakin( of the Company
2.1.1 Scope
2.1.1.1
2.1.1.2
The services of the Company consist ofthe:furnishing of common
carrier communications services between and among domestic
points within the United States pursuant to this general tariff
offering of service to the general public.
The services offered herein may be used for any lawful purpose,
including residential, business, governmental or other use. There
are no restrictions on sharing or resale of the Company's services.
However, the Customer remains liable for all obligations under this
tariff notwithstanding such sharing or resale and regardless of the
Company's knowledge of same. The Company shall have no
liability to any person or entity other than the Customer. If service
is jointly ordered by more than one Customer, each is jointly and
severally liable for all obligations herein. .
Issued: 10/1195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatina Officer
ICMC - Southea.qt Cot;p.
, "
XMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 9
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECfION 2 - TERMS AND CONDmONS (CONT'D)
2.1 Undertaldnr of the Company (Cont'd)
2.1.1.3
Company services may be connected to the services or facilities of
other communications carriers only when authorized by, and in
, accordance with, the terms and conditions of any tariffs of such
other communications carriers which are applicable to such
connections.
2.1.2 Shon.ce of Equipment or Facilities
2.1.2.1
The Company reserves the right to limit or to allocate the use of its
existing and future facilities when necessary because of a lack of
facilities or due to any cause beyond the Company's control
including but not limited to acts of God, fire, flood, explosion or
other catastrophes; any law, order, regulation, direction, action or
request of the United States government, or of any other
government, including state and local governments having or
claiming jurisdiction over the Company, or of any department,
agency, commission, bureau, corporation, or other instrumentality
of anyone or more of these federal, state or local governments, or
of any civil or military authority; national emergencies;
insurrections, riots; wars; unavailability of rights-of-way or
materials; or strikes, lock-outs, work stoppages, or other labor
difficulties.
Issued: 10/1195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qpera.tina- Officer
KMC - Southea..crt Co~.
'\
KMe. SOUI'BEAST CORP.
TAIm"F F.C.C. NO.1
Original Page ~ 0
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECflON 2 - TERMS AND CONDmONS (CONT'D)
2.1 Undertaldne of the Company (Cont'd)
2.1.2.2 The furnishing of service under this tariff is subject to the
availability on a continuing is of all facilities necessary to provide
the service. Services will be 'provided using the Company's fiber
optic facilities, as well as, from time to time and at the sole
discretion of the Com~y, facilities the Company may obtain
from other carriers.
2.1.3 Ownenhip of Facilities
Title to all facilities and equipment, and related plans and proposals,
provided by Company in furnishing service in accordance with this tariff
remains in the Company, its agents or contractors. Customer shall not
have, nor shall it assert, any right, title or interest in the fiber optic or other
facilities and associated equipment, plans or proposals provided by the
Company. Such facilities and equipment, plans and proposals shall be
returned to the Company by the Customer whenever requested, Within a
reasonable period (but in any event not more than fifteen (15) days)
following the request, in as good co~dition as reasonable wear will permit.
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qpera.tinr Officer
!(MC - South~~ CoqJ.
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 11
INTERSTATE DOMESTIC TELECOMMUNlCATIONS SERVICES
SECI'ION 1- TERMS AND, CONDmONS (CONT'D)
1.1 Underblri~1 of the Company (Cont'd)
1.1.4 Governmental Authorizations
The provision of the Company's seriices is subject to and contingent upon
the Company obtaining and retaining all governmental authorizations that
may be required or be deemed necessary by Company. Such
authorizations may include but are not limited to governmental approvals,
consents, licenses, franchises, and permits. Company shall use reasonable
efforts to obtain and keep in effect all such governmental authorizations: :
Company shall be entitled to take, and shall have no liability whatsoever
for, any action necessary to bring its facilities and/or services into
, conformanCe with any requirement or request of the Federal
Communications Commission or other federal, state or local governing
entity or agency. Customer shall fully cooperate in and take any action as
may be requested by Company to comply with such governmental
requirement.
Issued: 10/1195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatini Officer
KMC - Southea..crt Co~.
KMC - SOUTHEAST CORP.
TARIFF F.e.C. NO. I
Original Page 12
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS (CONT'D)
2.2 IJabill(y of the Company
2.1.5 Richts-of- W ~
Where economically feasible (in the 'sole opinion of the Company),
Company shall use reasonable efforts to obtain and maintain, directly or
through third parties, rights-of-way necessary for installation of the
facilities used to provide Company's services to Customer's property line,
building entrance, or other service point as agreed to by Company.
Customer's use of such rights-of-way shall in all respects be subject to the
between the Company and such third parties relating thereto, and shall not
regulation or restriction.
2.1.6 Term of Service
The minimum term of service under this tariff is one month. Service is
provided 24-hotirs per day, 7-days per week. For purposes of this tariff, a
month is considered to have 30 days.
2.2.1 The liability of the Company for damages arising out of the furnishing of
its servi~, including but not limited to mistakes, outages, omissions
interruptions, delays, errors, or other defects, representations, failures
arising out of the use of these services or failure to furnish service,
Issued: 10/1195 Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatinr Officer
KMC - Southeast ColJ).
.1
KMe - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 13
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS (CONT'D)
2.2 Liability of the Company (Cont'd)
whether caused by act, omission or negligence, shall be limited ,to the
extension of allowances as set forth in section 2.3 of this tariff captioned:
"Allowances for Interruptions in Service". The extenion of such
allowances for interruption shall be the sole remedy of the Customer, and
the sole liability of the Company. The Company will not be liable for any
direct, indirect, incidental, special, consequential, exemplary or punitive
damages to Customer as a result of any Company serVice, equipment or
facilities, or the acts or omissions or negligence of the Company's
employees or agents.
2.2.2
The Company shall not be liable for any delay or failure of performance of
equipment due to causes beyond its control, including but not limited to:
acts of God, fire, flood, explosion or other catastrophes; any law, order,
regulation, direction, action or request of the United States government, or
of any other government, including state and local governments having or
claiming jurisdiction over the Company, or of any department, agency, .
commission, bW'e8.u, corporation, or other instrumentality of anyone or
more of these federal, state or local governments, or of any civil or
military authority; national emergencies; insurrections, riots; wars;
Issued: 10/1195
Effective: 11/15/95
, G. Scott Brodey, Sr.
Chief ~tinr Officer
KMC - Southeast Co~.
"
\
KMe. SOUTHEAST CORP.
TARIFF F.C.C. NO.1
, Original Page 14
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 . TERMS AND CONDmONS (CONT'D)
2.1 LiabiIiV of the CompaQY (Cont'd) .
unavailability of rights-of-way or materials; or strikes, look-olits, work ' '.
stoppages~ or other labor difficulties.
2.1.3
The Company shall not be liable for any act, omission or defect of any
entity furnishing to the Company or to the Customer facilities or
equipment used for or with the Company's services; or for the acts or
omissions of common carriers or warehousemen. .
2.1.4
The Company shall not be liable for any damages or losses due to the fault
or negligence of the Customer or due to the failure or malfunction of
Customer-provided equipment or facilities.
2.2.5
The Company does not guarantee nor make any warranty with respect to
installations it provides for use in an e'(plosive atmo~here. The Customer
indemnifies and holds the Company harmless from any liability
whatsoever, and for any damages caused or claimed to have been caused
in any way, directly or indirectly, as a result of any such installation.
The Company is not liable for any defacement of or damage to Customer's
premises resulting from the furni$hing of services or equipment or the
2.2.6
Issued: 10/1195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qpera.tini Officer
KMC - Southeast CoQ).
"
KMC - SOUTHEAST CORP.
TARIFF F.e.C. NO.1
Original Page 15
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS (CONT'D)
2.2 LiabUlV oftbe Company (Cont'd)
installation or removal thereof, unless such defacement or damage is
caused by the willful misconduct of the Company's employees or agents. '
2.2.7
, ,
The Company shall be indemnified, defended and held harmless by the
, ,
Customer against any claim, loss or daft1age arising from Customer's use
of services, involving claims for libel, slander, invasion of privacy, or
infringement of copyright arising from the Customer's use of the
Company's facilities.
2.2.8
The Company's entire liability, if any, for any claim, loss, damage or
expense from any cause whatsoever shall in no event exceed sums actually
paid Company by Customer for the specific services giving rise to the
claim. Any claim, action or proceeding against the Company which is not
filed or commenced within one (1) year after the earlier of: (a) the
rendering of the service, or (b) the occurrence of the event with respect to
which such claim arose, shall be deemed waived if not brought within
such one year period.
2.2.9
With respect to the furnishing of Company's services to public safety
answering points or municipal emergency service providers, the
Company's liability, if any, will be lImited to the lesser of: (a) the actual
monetary damages incurred and proved by the Cust~mer as the direct
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qpera.tinr Officer
KMC - South~~ Co~.
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 16
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECfiON Z - TERMS AND CONDITIONS (CONT'D)
2.2 LiabillV of the Company (Cont'd)
2.2.10
2.2.11
result of the Company's action, or failure to act, in providiDg the service; ,
or (b) the sum of $1,000.00.
In the event parties other than Customer, including but not limited to joint
users and Customer's customers, shall have use of the Company's service
directly or indirectly through Customer, then Customer agrees to forever
indemnify and hold the Company harmless from and against any and all
claims, demands, suits, actions, losses, damages, assessments or payments
which may be asserted by said parties arising out of or relating to the
Company's furnishing of service.
THE COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACf
OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
INCLUDING WARRANTIES OF MERCHANT ABll..rrv OR
FITNESS FOR A PARTICULAR USE, EXCEPT THOSE
EXPRESSLY SET FORTH HEREIN.
Issued: 10/1195
Effective: 11/15195
G. ScOtt Brodey, Sr.
Chief Qperatini Officer
KMC - Southf"ACIt Col::p.
XMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 1 7
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 1 - TERMS AND CONDmONS (CONT'D)
2.3 Allowanees for Interrupdons in Serviee
A credit allowance will be given for interruptions of service which are 20 minutes or
longer in duration, subject to the provisions of this section.
1.3.1 Credit for Interrupdons
1.3.1.1
A credit allowance will be made wheI! an interruption occurs
because of a failure of any component furnished by the Company
under this tariff. An interruption in service is considered to exist' .
when a circuit, service or facility is unusable.
1.3.1.1
A credit allowance will be made for interruption periods lasting 20
minutes or longer. An interruption period begins when the
Customer reports a circuit, service or facility to be interrupted and
releases it for testing and repair. An interruption period ends when
the circuit, service or facility is operative. If the Customer reports
an interruption but declines to release the circuit, service or facility
for testing and repair, no intenuption period will be deemed to
exist.
Issued: 10/1195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatinr Officer
KMC - Southeast Co~.
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 18
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SEcrION 1 - TERMS AND CONDmONS (CONT'D)
1.3 AUowan(!es Cor InternJptions in Serviee (Cont'd)
1.3.1.3
A credit allowance is applied on a pro rata basis, dependent on the
duration of the interruption, against the monthly recurring charges
payable by Customer under this tariff, and shall be expressly
indicated on the next Customer bill. Only those
facilities on an interropted portion of a circuit or service will
receive a credit.
1.3.1.4
For calculating credit allowances, every month is considered to
have 30 days. A credit allowance will be calculated for any service
interruption lasting 20 minutes or longer on the basis of the
proportion of interropted minutes to total monthly minutes.
1.3.2 Lindtations on Allowances
No credit allowance will be made for:
(a)
interruptions due to noncompliance with this tariff on the part of the
Customer, authorized user, joint user, or other common carrier providing
SE;fVice connected to the service of the Company;
Issued: 10/1195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatinr Officer
KMC - South~czt CoW-
DIe - SOUTHEAST CORP.
TARIFF F.e.c. NO. I
0rigiDa1 Page 19
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 1 - TERMS AND CONDmONS (CONT'D)
1.3 Allo"'an~ for Interruptions in Service (Cont'd)
(b) interruptions due to the negligence of any person other than the Company,
including but not limited to the Customer, other user, or other common
carriers connected to the Company's facilities;
(c) interruptions due to the failure or malfunction of non-Company
equipment;
(d) interruptions of service during any period in which the COmpany is
not given full and free access to its facilities and equipment for the
purpose of investigating and correcting interruptions,
(e) periods of impaired service during which the Customer continues
to use the service,
Issued: 10/1195 Effective: 11/15/95
G. ScottBrodey, Sr.
Chief Qpenm"r Officer
'KMC - Southea..cd eoq,.
KMC - SOtJTBE..\ST CORP.
TARIFF F.C.C. NO.1
Original Page 20
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECl'ION 1- TERMS AND CONDmONS (CONT'D)
1.3.2 ' Limitadons on Allowances (Cont'd)
(f) interruptions of service during any period when the Customer has
released service to the Company for maintenance purpOses or for
implementation of a Customer order for a change in service
arrangements, ,
(g) interruptions of service during scheduled maintenance, after
reasonable notice to Customer,
(h) interroptions of service resulting from the failure, malfunction or
removal or facilities, power or equipment provided by the
Customer,
(i) interruptions of service due to circumstances or causes beyond the
control of Company, or
G) interruptions the credit allowance for which would amount to less
than one dollar.
Issued: 10/1195 Effective: 11/15/95
G. Scott Brodey, Sr.
Chief ~"Il Officer
ICMC - Southeut Cow.
~c - SOUTBEAST CORP.
TARIFF F.C.C. NO.1
Original Page 21
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 1- TERMS AND CONDmONS (CONT'D)
2.4 ObUptfons of the Customer
2.4.1 ScQpe
The obligations of the Customer shall include the following:
(a)
(b)
Customer shall be responsible for any damage to or loss of the
Company's facilities 'or equipment caused by the acts or omissions
of the Customer, or its employees, agents, contractors or suppliers,
by Customer's noncompliance with this tariff, by malfunction or' ,
failure of any equipment or facility provided by Customer or its
agents, employees or suppliers, or by fire, theft or other casualty on
the Customer's premises, unless caused by the gross negligence or
willful misconduct of Company's employees or agents.
Customer shall provide at no cost to, and, as specified from time
to time by the Company, any personnel, equipment, space, power,
heating and air conditioning needed to operate, and maintain a
proper operating environment for, Company facilities and
equipment installed on the Customer's premises. Customer shall
cooperate with Company in choosing the location, size and
characteristics of the Company's equipment space on Customer's
premises, which shall defin~ the point ofterminatton of Company's
service. Customer may be required to pay, in the sole discretion of
Issued: 1011195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qpera.tit'lr Officer
KMC - Southeast Co~.
KMC - SOU'll'llEAST CORP.
TARIFF F.C.C. NO.1
Original Page 22
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS (CONT'D)
2.4 ObUptions of the Customer (Cont'd)
(c)
the Company, additional non-recurring charges for any additional
points of termination within Customer's premises.
Customer shall obtain, maintain, and otherwise have full
responsibility for all rights-of-way and conduit necessary for
installation of Company facilities from the building entrance or
property line to the location of Company's equipment space on the
Customer's premises. Any costs associated with obtaining and
maintaining the rights-of-way described herein, including any
necessary building modification costs, shall be borne entirely by
the Customer. Customer shall also be responsible for complying
with all applicable laws, and obtaining all required permits or other
approvals related to the location and installation of Company
facilities and equipment in the Customer's premises or within the
rights-of-way for which the Customer is responsible. The
Customer and the Coinpany may mutually agree to enter into a
contract under which Company will provide sOme or all such no~-
regulated services and facilities.
Issued: 10/1195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatina Officer
KMC - Southeast CoQ).
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page :2 3
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS (CONT'D)
2.4 ObllptiollA of the Customer (Cout'd)
(d)
(e)
Customer shall provide a safe place to work and be responsible for
complying with al11aws and regulations regarding the working
conditions on the premises at which Company employees and
agents install or maintain the Company's facilities and equipment
The Customer shall be responsible for identifying, monitoring,
removing and disposing of any hazardous material (e.g., friable
asbestos) prior to, during and after any construction or installation
work. Customer may be required to install and maintain ' ,
Company facilities and equipment if, in the Company's opinion,
the equipment space provided by the Customer is a hazardous area.
Customer shall grant or obtain permission for Company employees
or agents to enter the premises of the Customer at any time for the
purpose of installing, inspecting, maintaining, repairing, or
removing the facilities or equipment of the Company and/or
inspecting Customer-provided equipment which is connected to
Company's facilities.
Issuecl: 10/1195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qpera.tinr Officer
KMC - Southea.crt CoJ:P.
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 24
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECllON 2 - TERMS AND CONDITIONS (CONT'D)
2.4 Oblfptions oftbe Customer (Cont'd) ,
(t)
(g)
Customer shall be responsible for the provision, operation and
maintenance of any Customer-provided terminal equipment
connected to Company equipment and facilities, and for ensuring
that such Customer-provided equipment is compatible with
Company equipment and facilities. The magnitude and character
of the voltages and currents impressed on Company equipment,
facilities and wiring by such Customer-provided equipment shall .
be such as not to cause damage to Company's equipment, facilities
and wiring or injury to Company's employees or to other persons.
Upon Company's request, Customer will submit to Company a
complete manufacturer's specification sheet for each item of
Customer-provided equipment that is or is proposed to be attached
to Company's facilities. Company may provide, at the Customer's
expense, any additional protective equipment required in the sole
opinion of the Company, to prevent damage or injury resulting
from the connection of any Customer-provided equipment.
Customer warrants that the services ordered pursuant to this tariff
are interstate in nature. When a service provided by Company will
be used to carry a mixture of interstate and intrastate
communications, Customer warrants that the interstate
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatinr Officer
!(MC - Southeast CoqJ.
. KMC - SOUTIIEAST CORP.
TARIFF F.C.C. NO.1
Original Page 25
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS (CONT'D)
2.4 Obllptions of the Customer (CoDt'd)
communications constitute more than 10 percent of the total
, communications carried over the service. If a regulatory body or
other governmental agency questions the Customer's estimate of
the percentage of interstate communications, Customer will
provide the data upon which the estimate is based within 30 days
of a request by Company. Customer shall keep records of system
design and functions from which the percentage of interstate use
can be estimated and, upon Company request, shall make such
records available to Company.
(h) Customer shall cooperate with Company to plan, coordinate and
undertake any actions required to maintain maximum network
capability following natural or man-made disasters which affect
telecommunications services.
2.4.2 P.yments
Obligations of the Customer with regard to payments shall include:
(a)
Customer shall be responsible for payment of all applicable
charges pursuant to this tariff for facilities and service furnished to
the Customer or to authorized or joint users or to the Customer's
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatinl Officer
KMC - Southeast Col:P.
. . . .
KMe - SOUTHEAST CORP.
TARIFF F .C.C. NO. 1
Original Page 26
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS (CONT'D)
2.4 ObUptions of the Customer (Cont'd)
2.4.2 P.ymeau (Cont'd) .
(b)
(c)
customers. Company's services are provided on a "take or pay"
basis, that iSt Customer is responsible for the applicable charges for
services as ordered, whether or not Customer actually uses all or
part of those services or capacity.
Customer shall pay all salest use, exciset accesst bypass or other' .
loca1t state and Federal taxest fees (including franchise fees),
charges or surcharges, however designated, imposed on or based
on the provision, sale or use of the Company's services, excluding
gross receipts taxes and taxes on the Company's net income. Such
taxes shall be separately stated on the Customer's invoice.
Customer shall pay outstanding charges in full within 30 days of
the invoice date. Charges not paid by Customer within 30 days, or
paid in funds not immediately available to the Company, shall be
subject to interest at up to the maximum lawful rate. Charges
normally will be invoiced in advance, with monthly recurring
charges invoiced on or about the first of the month for which the
charges apply. In the event of a Company billing error or
omission, Customer shall be responsible for any back billing
Issued: 10/1195
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief ~tini Officer
KMC - Southeast Co~.
KMC - SOtJTIIEAST CORP.
TARIFF F.e.C. NO.1
Original Page 27
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SEcrION 1- TERMS AND CONDmONS (CONT'D)
1.4 ObUptiollA of the Customer (Cont'd)
1.4.1 P~enb (Cont'd)
(d)
(e)
invoiced by the Company within 2 years of the original date of
service.
Customer agrees that Company may conduct an independent
verification of Customer's financial condition at any time, and '
Customer agrees to promptly supply such financial information as
may be reasonably requested by Company. If, in the sole opinion
of the Company, a Customer presents an undue risk of nonpayment
at any time the Company may require that Customer pay its bills
within a specified number of days, pay in advance of the furnishing
or continuation of any service, and/or make such payments in cash
or the equivalent of cash.
If required by the Company, Customer shall make an advance
payment before services are furnished, which advance payment
will be credited to the Customers initial bill. Company may, in its
sole discretion, require such an advance payment, which may be in
addition to a deposit.
Issued: 10/1/95
Effective: 11/15/95
G. SCott Brodey, Sr.
Chief ~tinl Officer
KMC - Southeast Coq).
KMC - SOUTIIEAST CORP.
TARIFF F.C.C. NO.1
Original Page 28
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SEcrION 2 - TERMS AND CONDmONS (CONT'D)
,2.4 ObUptiolU of the Customer (Cont'd)
P.yments (Coat'd)
(t)
If required by the Company, Customer shall make a deposit before
a service is furnished or continued, to be held as a guarantee for the
payment of charges. Company may require such a deposit, which
may be in addition to an advance payment, if Company considers
this action necessary to safeguard its interests. A deposit shall not
relieve the Customer of the responsibility for prompt payment of '
bills on presentation. No interest shall be paid on the deposit
unless otherwise agreed by the Company or required by law. At
any time, at its option, the Company may return the deposit or
credit it to the Customer's account. When a service is discontinued
the amount of any applicable deposit will be applied to the
Customer's account and any credit balance remaining will be
refunded.
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief ~nni Officer
KMC - Southeast CoQ).
KMe - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 29
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SEcrION 2 - TERMS AND CONDmONS (CONT'D)
2.4 ObUptions 01 the Customer (Cont'd)
2.4.3 Indemnification
With respect to any service or facility provided by the Company, or
otherwise in the event of Customer's breach of any of the provisions of
this tariff, Customer shall indemnify, defend and hold harmless the
Company from and against all claims, actions, damages, liabilities, costs
and expenses, for:
(a)
any loss, destruction or damage to property of the Company or any
third party, or the death or injury of any person, to the extent
caused by or resulting from the negligent or intentional act or
omission of the Customer, its employees, agents, representatives or
invitees; and
(b)
any claim, loss, damage, expense or liability for infringement of
any copyright, patent, trade secret, or any proprietary or intellectual
property right of any third party, arising from any act or omission
by the Customer, including without limitation, use of the
Company's services and facilities in a manner not contemplated by
this tariff or any agreement between Customer and Company.
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatinl Officer
KMC - Southeast Co~.
..
KMC - SOUTHEAST CORP.
TARIFF F.e.C. NO.1
Original Page 30
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECI'lON 2 - TERMS AND CONDmONS (CONT'D)
2.5 Cancellation of Service
If Customer cancels a service order or terminAtes service before the completio~ of the
term of service specified in the service order for any reason, Customer agrees to pay to
Company all costs, fees and expenses incurred by Company in connection with
construction and with such terminAtion. In addition, Customer may be liable for
termination charge up to a maximum amount equal to the total of charges applicable for
the remAining term specified in the service order (discounted to present value at six
percent).
2.6 Discontinuance of Service
2.6.1 If Customer fails to pay timely any amount owing to the Company and such
failure continues for ten days after written notice to the Customer, the Company
may discontinue or suspend service, reject additional applications for service
and/or refuse to complete any pending orders for service without incurring any
liability, and/or pursue any other remedies as may be provided at law or in equity.
2.6.2 If Customer violates any other material term or condition of the furnishing of
service or any law, rule or regulation governing the services provided h~under,
and such violation continues for thirty days after written notice thereof to
Customer, Company may discontinue or suspend service, refuse additional
applications for service and/or refuse to complete any pending orders for service
Issued: 10/1/95
Effective: 11/1 5/95
G. Scott Brodey, Sr.
Chief ~tini Officer
KMC - Southeast Co~.
..
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 31
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 1 - TERMS AND CONDmONS (CONT'D)
1.6 Discontinuance of Service (Cont'd)
without incurring any liability, and/or pmsue any other remedies as may be
provided at law or in equity. Customer hereby waives such thirty-day notice
requirement in the case of any violation which, in the sole opinion of the
Company, if allowed to continue may result in damage to property, injury or death
of any person, or impairment of the operation of Company's facilities or which
may otherwise expose Company to civil or criminal liability .
2.6.3 Upon the Company's discontinuance of service to the Customer under section
2.6.1 or 2.6.2, the Company, in addition to all other remedies that may be
available to the Company ~t law or in equity or under any other provisions of this
tariff, may declare all future monthly and other charges which would have been
payable by the Customer during the remainder of the term of service specified in
the ~ce order to be immediately due and payable (discounted to present value
at six percent).
2.6.4 Upon the Customer filing for bankruptcy or reorganization or failing to discharge
an involuntary petition therefor within the time permitted by law, or an
assignment for the benefit of creditors, appointment of a trustee or receiver or
similar event with respect to Customer, the Company may, in addition to any
other remedy available at law or in equity, immediately discontinue or suspend
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperstina Officer
KMC - Southeast Col:P.
KMe - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 32
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 1 - TERMS AND CONDmONS (CONT'D)
1.6 Ducontinuance of Service (Cont'd)
service, refuse additional applications for service and/or refuse to complete any
pending orders for service without incmring any liability
2.6.5 Upon condemnation of any significant portion of the facilities or associated
equipment used by the Company to provide service to Customer or if a casualty
renders all or any significant portion of such facilities or equipment inoperable
beyond feasible repair, the Company may discontinue or suspend service, refuse
additional orders for service and/or refuse to complete any pending orders for'
service upon notice to Customer, without incurring any liability.
1.6.6 Upon any governmental prohibition or required alteration of the services provided
or ordered, or any violation of an applicable law or regulation, the Company may
immediately discontinue or suspend service, refuse additional applications for
service and/or refuse to complete any pending orders for service without incurring
. any liability.
1.7 Chances in Eqnipment and Services
2.7.1 Company may substitute, change or rearrange any equipment, facility or system
used in providing services at any time and from time to time, but shall not thereby
materially alter the technical parameters of the services provided pursuant to
Customer's service order.
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief Qperatini Officer
KMC - Southeast CoW-
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 33
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECf10N 2 - TERMS AND CONDmONS (CONT'D)
1..7 Chanps in Equipment and Services (Cont'd)
2.7.2 Customer shall not cause or allow any facility or equipment ofCompariy to be
rearranged, moved, disconnected, altered or repaired without Company's prior
written consent.
2.7.3 Upon receipt of a written request from Customer, Company will add, delete or
change locations or features of specific circuits and/or equipment. Customer shall
be liable for nonrecurring charges for such changes. If a request for deletion of a
service represents a cancellation prior to the applicable term of service, Customer
will be subject to Company's termination charges.
2.8 Prohibited Uses
2.8.1 The services Company p~vides shall not be used for any unlawful purpose or for
any use with respect to which Customer has not obtained all governmental
approvals, authorizations, licenses, consents and permits required to be obtained
by Custom~r.
2.8.2 Customer shall not use the Company's service offerings for resale and/or for
shared use unless, if requested to do so by Company, Customer has first
demonstrated that such use complies with relevant laws, regulations, policies,
orders, decisions and other governmental or legal requirements.
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief ~ti", Officer
KMC - Southea...t ~.
t ..
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 34
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS (CONTtD)
2.8 Prohibited Uses (Cont'd)
2.8.3 Customer may not use Company's services so as to interfere with or impair any
other service or impair the privacy of any communications over any of Company's
facilities and associated equipment or over the facilities and equipment of any
other communications carrier connected to Company's facilities.
2.8.4 Customer shall not use or allow the use of Company's facilities or equipment
installed at the Customer's premises for any purpose other than that for which the
Company provides it, without the prior written consent of the Company.
2.9 Assipment
2.9.1 Company may, Without obtaining any further consent from CustOmer, assign any
of its rights, privileges or obligations under this tariff: to any subsidiary, parent
company or affiliate of Company; pursuant to any sale or transfer of substantially
all the business of Company; or pursuant to any financing, merger or
reorganl'7J1tion of Company.
2.9.2 Customer may, upon prior written consent of Company, assign its rights,
privileges or obligations under this tariff: to any subsidiary, parent company or
affiliate of Customer;, pursuant to any sale or transfer of substantially all the
business of Customer; or pursuant to any financing, merger or reorgani'7JItion of
Issued: 10/1195
Effective: 11/15/95
, G. Scott Brodey, Sr.
Chief~nl Officer
KMC - Southeast Co(p.
. (f I
. ..
KMC - SOUTHEAST CORP.
TARIFF F.C.C. NO.1
Original Page 35
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 2 - TERMS AND CONDmONS (CONT'D)
Customer. Any attempt of Customer to make any assignment, transfer, or
disposition of its rights, privileges or obligations under this tariff without the
consent of Company shall be null and void.
2.10 License.. Apn~ or Partnership
No license, express or implied, is granted by Company to Customer by virtue of an
agreement for the furnishing of service hereunder. Neither Customer nor any joint or
authorized users shall represent or otherwise indicate to its customers or others that the
Company jointly participates in the Customer's or joint user's services. The relationship.
between Company and Customer shall not be that of partners or agents for one or the
other, and shall not be deemed to' constitute a partnership or agency agreement, unless
such relationship or agreement is expressly agreed to in writing by both Company and
Customer.
2.11 Proprietary Information
Neither Company nor Customer or any joint or authorized user shall disclose any plans,
drawings, trade secrets or other proprietary information of the other party which is made
known in the course of the furnishing of service hereunder, except as may be required by
law, without prior written consent
Issue'd: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief ~tinl Officer
KMe - SoUth,.Aqt CoQ?
~ . t
" \. .
KMC - SOUTHEAST CORP.
TARIFF F.e.c. NO.1
Original Page 36
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SEcrION 2 - TERMS AND CONDmONS (CONT'D)
2.12 Promotions
Company reserves the right, from time to time, to provide promotional offeringS.
2.13 Waiver of NODftCurrinl Charps
Company reserves the right to waive nonrecurring charges for moves, additions, and
, deletions.
SEcrION 3 - SERVICE DESCRIPTIONS
3.1 Dedicated AceessService
Dedicated Access Service provides dedicated, private line transmission capacity.
3.1.1 Low Capacity Service (J)S-O)
A low capacity service provides digital transmission at speeds up to and including
64 Kbps or, ifprovided over analog facilities, within the nominal frequency range
of 300 and 3,000 Hz.
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief~"1 Officer
KMC - Southeut ('.ow.
<(. . ,
. ,.. .
KMC. SOUTHEAST CORP.
TARIFF F.C.C. NO.1
OrigiDal Page 37
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECflON 3 - SERVICE DESCRIPTIONS (CONY'D)
3.1.2 Hieln Capad(y Dic;tal Service (J)S-l)
A high capacity digital service provides duplex digital tranmni~on at rates
greater than 64 Kbps and up to and including 1,544 Mbps.
3.1.3 Very Rilb C.paci(y Didtal Service(JlS-3)
A very high capacity digital service provides duplex digital tran!m1i~on at mtes
greater than 1.544 Mbps. '
Issued: 10/1/95
Effective: 11115/95
o. Scott Brodey, Sr.
Chief Qpmatin, Ofti~
KMC -' Snllt"--t Coq).
(.. o. .
. ,. .
KMC - SOUTHEAST CORP.
TARIFF F.e.c. NO.1
Original Page 38
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 3 - SERVICE DESCRIPTIONS (CONT'D)
3.2 ResaDe Services
In addition to the services described in Section 3.1 of this tariff, the Company
may resell other carriers' services originating or terminating at any point in the '
United States.
3.3 Definitions
Certain terms used generally throughout this tariff are defined below:
Company: KMC-Southeast Corp.
Customer: The person, firDi or corporation which orders interState common carrier
service pursuant to this tariff and is responsible for the payment of charges
and compliance with the Company's regulations. Customer includes joint
and authorized users.
Dedicated Access Service: An arrangement whereby a Customer or other common
carrier uses a dedicated private line facility to access the
Company's network.
Hz: Hertz.
Kbps: Kilobits per second, denotes thousands of bits per seconds.
Mbps: Megabits per second, denotes millions of bits per second.
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
Chief~", Officer
KMC - SonthI".A~ C~.
. . .. .
. ... .
KMC - SOUTHEAST CORP.
TARIFPF.C.C. NO.1
OriaiDaI Page 39
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECI10N 4 - RATE INFORMATION
Rates charged for the following services, which may include optional features and
functions, will not exceed the amounts listed below: ' .
4.1 ' Dedie.ated Access Service
4.1.1 Low C~paciQ' Service (J>S-O)
$65.00 Monthly Rate
4.1.2 RilJl CapaciQ' Diptal Service (J>S-I)
$220.00 Monthly Rate
, 4.1.3 Very Hip CapaciQ' Service (J>S-3.)
$3,600.00 Monthly Rate .
4.2 Resale Services
4.2.1 For resale services, the Company will pass through to the Customer all charges
imposed by facilities-based carriers providing service, plus any appropriate
additional charges as listed in Section 4.1 of this tariff:
Issued: 10/1/95
Effective: 11/15/95
G. Scott Brodey, Sr.
ChiefQpmatinl Officer
KMC - South"'-AtIt ~.
,
. _ f1'" '.
. ., ,
KMC - SOVTHEAST CORP.
TARIFF F.C.C. NO.1
OriaiDsl Page "0
INTERSTATE DOMESTIC TELECOMMUNICATIONS SERVICES
SECTION 4 - RATE JNIl'ORMATION (CONT'D)
4.3 Non-Ref:urrinl Charps
4.3.1 R,d' C~pa~ity Servi~e (J)S-l)
$120.00
4.3.2 Vety Rip CapaclV Service (J)S-3)
$1,250.00
Issued: 10/1/95
Effective: 11/15/95
O. Scott Brodey, Sr.
Chief~"'1 Officer
KMC _ ~llt"--t Cow.
REFERENCES FOR KMC
BANK REFERENCE
RON POTEAT
FIRST ALABAMA BANK
04-0140-8682 (ACCOUNT #)
205-535-0100
DAVID BUCKELEW - MANAGER OF
TELECOMMUNICATIONS
CITY OF HUNTSVillE, AL.
205-532- 7620
ANDY ANDERSON - CITY ATTORNEY
CITY OF AIKEN, SC
803-642- 7654
BOB CICERO - ASSISTANT CITY
ATTORNEY
CITY OF BATON ROUGE, LA.
504-389-3114
SAM ACKLEY - CITY MANAGER
CITY OF TITUSVillE, FL.
407-269-4400 X-201
MICHELE ENNIS - ASSISTANT FINANCE
DIRECTOR
CITY OF MELBOURNE, FL.
407-727-2900
CHRIS CRONIS - FINANCE DIRECTOR
CITY OF COLUMBUS, GA.
706-571-4749
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<,i
WILLIS CORROON
w
May 31, 1996
Willis Corroon
Construction
Servil:es
The City Council of Augusta,Attn,
Augusta-Richmond County
Municipal Building
530 Greene Street
Augusta, GA 30911
Clerk of Council
Corporation
7 Hanover Square
New York, New York 10
Tel: 212-344-8888
Dear Certificate Holder:
Enclosed is the Certificate of Insurance issued on behalf of
KMC SouthEast Corporation.
Should you have any questions please feel free to call,
Si1iJ'
willis Corroon Construction Services Corp.
Enclosure
cc:
KMC SouthEast Corporation
Federal Insurance Company
6
. ~ . ~.. ~, ~ .
('f
. .....
, A C,OR,Qw: H':.'lllllli_,:.':E~__"~~~IIISUR.IE:::!":::::::PAGS' ft)FH2 <:<::~~A_T~~~~~~~~Yi H
PROOUCER 11068 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wi II is Corroon Construction Services Corp. ONLY, AND CONFERS NO RIGHTS UPON THE CERTIFICATE
7 Hanover Square HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
New York NV 10004-2594 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
(212) 344-8888 COMPANIES AFFORDING COVERAGE
COMPANY Federal Insurance Company
Sonia Drexler
INSURED
A
COMPANY
B
KMC SouthEast Corporation
994 Explorer Boulevard
untsville AL 35806
COMPANY
C
THIS IS TO CERTIFY THA TTHE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICA TED,NOTWITHST ANDING ANY REQUIREMENT. TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS
CERTIFICA TE MA Y BE ISSUED OR MA Y PERT AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO .TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE (MM/DD/YY) DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
A CLAIMS MADE [!] OCCUR 7108161
OWNER'S & CONTRACTOR'S PROT
A
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON,OWNED AUTOS
GENERAL AGGREGATE $ 2.000.000
PRODUCTS,COMP/OP AGG $ 1.000.000
01-NOY-1995 01-NOY-1996 PERSONAL & ADV INJURY $ 1.000,000
EACH OCCURRENCE $ 1.000.000
FIRE DAMAGE (Anyone fire) $ 100.000
MED EXP (Anyone person) $ 10.000
COMBINED SINGLE LIMIT $ 1.000.000
37108161
01-NOY-1995
01-NOY-1996
BODILY INJURY
(Per person)
$
BODIL Y INJURY
(Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
A X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS,COMPENSA TION ,AND
A EMPLOYERS' LIABILITY
79670782
AUTO ONLY, EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE $ 15.000.000
01-NOY-1995 01-NOY-1996 AGGREGA TE $ 15.000.000
$
01-NOY-1995 01-NOY-1996 $ 500.000
EL DISEASE,POLlCY LIMIT $ 500.000
EL DISEASE-EA EMPLOYEE $ 500.000
71637269
THE PROPRIETOR/
P ARTNERS/EXECUT I VE
OFFICERS ARE:
OTHER
X INCL
EXCL
DESCRIPTION OF OPERATIONSILOCATIONSfVEHICLES/SPECIAL ITEMS
SEE ATTACHED
:::qgijnf!QitgHoP'QgRl::
......................................... ....................
........................................ .................
.........................................
. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... .....................................
~::::?::::qANQgp.wii<<it;F:: "'"
................:.;.:.:.:.:.:.:.
........................
........................
............. ..........
;.:.:.:.:.:.:.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::;:::;:;:::;:;:::::;;::;:;;;:;:::;:;::::::::.:.:.:.:.:.:
.......... ............
....................... .
.......................
.......................
. ..... .........
.....................................
.....................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.................................... .
............................. .
The City Council of Augusta.Attn.:
Augusta-Richmond County
Municipal Building
530 Greene Street
Augusta GA 30911
..'........H...'......,), .. .",
\Ac.O'~b!:~lt.~$.(M~~':~\
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Clerk of Counc EXPIRATION DATE THEREOF, THE ISSUING CO~PANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIN UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED R ESENTATIVE
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THIS CERTIFICATE IS ISSUED AS A MAHER OF INFORMA TIONONL Y AND CONFERS NO RIGHTS UPON
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
11068
........................
.......................
.....................
. . . . . . . . . . . . . . . . . . .
ISSUE DATE (MM/DD/YY)
31-MAY-1996
THE CERTIFICATE
POLICIES BELOW.
INSURED
PRDDUCER
Willis Corroon Construction Services
7 Hanover Square
New York
(212) 344-8888
Corp.
NY
10004-2594
KMC SouthEast Corporation
994 Explorer Boulevard
Huntsville AL 35806
Sonia Drexler
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MA Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DD/YY)
LIMITS
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
It is"~gJ~e~-1h"at~ tjleLo~LP~ing _e_ntlt ies are included as Addit ional Insureds
on General Liabi I'ity and Umbrella Liabi I ity, but .only--Y.tifh re"s-p"ec"r-to.-fneir
liabi I ity arising out of the Named Insured's operations:
Additional Insured:
The City Counci I of Augusta, Georgia. and its mayor, officers, agents.
employees, counci Imembers and elected representatives
Re: Or d i nance No. 5801
Franchise to instal I, maintain and operate a fiber optic cable
for transmission of telephonic data and other electronic messages
The City Council of Augusta,Attn.:
Augusta-Richmond County
Municipal Building
530 Greene Street
Augusta GA 30911
:w!ggi$)iqQ~~QQN\?~W9.iJ$i:$~H:::( "". ,\::::~l;Q4M ..::',,'::::.:':::::':
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELl.ED BEFORE THE
Clerk of Counc I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIll. ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHAll. IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND PON THE AG~NTS OR REPRESENTATIVES.
AUTHORIZED REP SENTNI"IVE
....
.. ......
. - -. ..."
WILLIS CORROON
w
October 30, 1996
Willis Cm'roon
Conslru.:lion
Serviees
The City Council of Augusta, Attn: Clerk of Council
AUgUsta-Richm~nd County
Municipal Building
530 Greene Street
Augusta, GA 30911
Corporlllion
7 Haf/.01!er Square
New York, New York 10
Tel: 212-344-8888
Dear Certificate Holder:
Enclosed is the Certificate of Insurance issued on behalf of
KMC Telecom Inc. d/b/a KMC SouthEast Corporation.
Should you have any questions please feel free to call.
ours,
-'::--' - "---_.-.
Construction
Enclosure
cc: KMC Telecom Inc. d/b/a KMC SouthEast Corporation
Federal Insurance Company
lllii:,A C~!!B.~.iiiliiillll.'IIIIIIIIEi:li:ill:::I::I!llllllll!111111111.11:1::I::ll!:I: :::BA~i:ii::ji:iii::::g.:::}: '3~~T~~~~~~~~Yi ".
PR'6DucER 11879 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wi II is Corroon Construction ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
7 Hanover Square HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
New York NY 10004-2594 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
(212) 344-8888 COMPANIES AFFORDING COVERAGE
COMPANY Feder a I I nsur ance Company
Sonia Drexler
INSURED
A
COMPANY
B
KMC Telecom Inc. d/b/a KMC SouthEast Corporation
994 Explorer Boulevard
Huntsville AL 35806
COMPANY
C
.............. .
..................
..............,..
........,.........
COMPANY
D
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..
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.. .... .. . . ..........
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. . . . . . . . . . . . . . . . . . . . . . . . .. .,
.........................
........................
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICA TED,NOTWITHST ANDING ANY REQUfREMENT, TERMOR CONDITION OF ANY CONTRACT OROTHERDOCUMENTWITH RESPECT TO WHICHTHIS
CERTIFICA TE MA Y BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE (MM/DD/YY) DATE (MMIDD/'fY)
LIMITS
A GENERAL LIABILITY
37108161
01-NOV-1996 01-NOV-1997
GENERAL AGGREGATE $ 2.000.000
PRODUCTS,COMP lOP AGG $ 1.000,000
PERSONAL & ADV INJURY $ 1.000.000
EACH OCCURRENCE $ 1,000.000
FIRE DAMAGE (Anyone fire) $ 100.000
MED EXP (Anyone person) $ 10.000
COMBINED SINGLE LIMIT 1,000,000
BODIL Y INJURY $
(Per person)
BODIL Y INJURY $
'(Plin3c-cideni)-- - ----
PROPERTY DAMAGE $
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [!] OCCUR
OWNER'S & CONTRACTOR'S PROT
A AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
lC -NON.OWNED AUTOS
73238178
01-NOV-1996 01-NOV-1997
GARAGE LIABILITY
1637269
AUTO ONLY. EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGA TE $
01-NOV-1996 01-NOV-1997 EACH OCCURRENCE $ 15,000.000
AGGREGATE $ 15,000.000
01-NOV-1996 01-NOV-1997
$ 500.000
EL DISEASE,POLlCY LIMIT $ 500.000
EL DISEASE.EA EMPLOYEE $ 500,000
ANY AUTO
A EXCESS LIABILITY
X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
A WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
9779670782
THE PROPRIETORI
P ARTNERSIEXECUTi VE
OFFICERS ARE:
OTHER
X INCL
EXCL
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS
SEE ATTACHED
,.. .. ....
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................ .
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...................
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.........................................
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.....................
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The City Council of Augusta. Attn: Clerk of Counc
Augusta-Richmond County
Municipal Building
530 Greene Street
Augusta GA 30911
,,/,"
::ACORPiil1~$(J1Sj "'"
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
::::::ijUijllj4.,~ijj
.........................................................................................................
................................................................................................
'-[,W.,~~~,~~~~""",::::::::,:,~'~'BIII":,:;:.II::::::IR~gBIRIE:"':"":'::::::':::":",:,,,:,:,::::,
.., :::::;::::;::::' ,...,':':':':':':',':'",':'""",':':':':': ::::: , ,::::::: ISSUE DATE (MM/DD/YY)
::'::::::::t{A.gg::::~::::~e::::::~:::::::
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
11879
30-0CT-1996
THE CERTIFICATE
POLICIES BELOW,
INSURED
KMC Telecom Inc. d/b/a KMC SouthEast Corporation
994 Explorer Boulevard
Huntsville AL 35806
PRODUCER
Willis Corroon Construction
7 Hanover Square
New York
(212) 344-8888
NY
10004-2594
Sonia Drexler
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHST ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICA TE MAYBE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS,
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DD/YY)
LIMITS
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
It is ag~eed that the fol lowing entities are included as Additional Insured(s)
on the General Liabi I ity and the Umbrella Liabi I ity pol icies, but only with
respect to their I iabi I ityarising out of the Named Insured's operations:
Additional Insured:
Augusta-Richmond County Commission-Counci I (as successor to The City
Council of Augusta, Georgia) and its mayor-chairman, officers, agents.
employees. and al I other elected or appointed representatives
including Commission-Counci I members
Re: Or d i nance No. 5801
Franchise to instal I, maintain and operate a fiber optic cable
for transmission of telephonic data and other electronic messages
;;:PE~!lF!~A1F+tQtl~~':::::!::::::!::!",::::::::::::,:::; ,.,'"",.,
.. .... ......
. . . . . . . . . . . . . . . . . . .
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.............................
............................
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............ ....
..................
.................
. ............... ..................................,........ ',.... ....... ........ ..............:.;.:.:.;.:.:.;.:.;.:.;.;.;.:.;.;.:.;
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL.ED BEFORE THE
The City Council of Augusta, Attn: Clerk of Counc
Augusta-Richmond County
Municipal Building
530 Greene Street
Augusta GA 30911
Wli~j$J:qQ~~QQ~::~~WP.l(ijtij~):::::::::f:::::f::::::::m::::::::::::ijUUlM4w~M
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL. ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL. IMPOSE NO OBLIGATION OR LIABILITY
COMPANY, ITS
..................... .............,.......
..................... ..................
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