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TC Systems, Inc. South Carolina - AT&T Clec Online

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Attachment 8<br />

Page 21<br />

5.6 Where the Licensee is authorized to perform Make Ready Work itself or through a<br />

contractor and elects to do so, Licensee shall install its Facilities within twelve (12)<br />

months from the date that Licensee informs Bell<strong>South</strong> that Licensee will perform<br />

Make-Ready Work. In the event Licensee does not install its Facilities within the<br />

time frames set out in this Section 5.4, the assignment shall be void and such space<br />

shall become available.<br />

6. MAKE-READY WORK<br />

6.1 Work Performed by Bell<strong>South</strong>. If performed by Bell<strong>South</strong>, make-ready work to<br />

accommodate Licensee’s facilities shall be included in the normal work load<br />

schedule of Bell<strong>South</strong> with construction responsibilities in the geographic areas<br />

where the relevant poles or conduit systems are located and shall not be subjugated<br />

to Bell<strong>South</strong> work, nor entitled to priority, advancement, or preference over other<br />

work to be performed by Bell<strong>South</strong> in the ordinary course of Bell<strong>South</strong>’s business.<br />

Bell<strong>South</strong> shall process the Application and perform the make-ready work with the<br />

same dispatch as it processes its own internal reviews for similar work prior to<br />

making attachments or installing fiber in conduit and its own make-ready work.<br />

6.1.1 If Licensee desires make-ready work to be performed on an expedited basis and<br />

Bell<strong>South</strong> agrees to perform the work on such a basis, Bell<strong>South</strong> shall recalculate<br />

the estimated make-ready charges. If Licensee accepts Bell<strong>South</strong>’s offer, Licensee<br />

shall pay such additional charges.<br />

6.2 All charges for make-ready work performed by Bell<strong>South</strong> are payable in advance,<br />

with the amount of any such advance payment to be due within sixty (60) days<br />

after receipt of an invoice from Bell<strong>South</strong>.<br />

6.3 Work Performed by Certified Contractor. In lieu of obtaining performance of<br />

make-ready work by Bell<strong>South</strong>, Licensee at its option may arrange for the<br />

performance of such work by a contractor certified by Bell<strong>South</strong> to work on or in<br />

its facilities. Certification shall be granted based upon reasonable and customary<br />

criteria employed by Bell<strong>South</strong> in the selection of its own contract labor.<br />

Notwithstanding any other provisions of this Section, Licensee may not employ a<br />

contractor to accomplish make-ready work if Bell<strong>South</strong> is likewise precluded from<br />

contractor selection under the terms of an applicable joint use agreement or<br />

collective bargaining agreement. In accordance with Section 3.6.8, all manhole<br />

pumping and purging shall be performed by a vendor approved by Bell<strong>South</strong> or<br />

otherwise qualified and skilled to perform the work.<br />

6.4 Completion of Make-Ready Work. Bell<strong>South</strong> will issue a license to Licensee at<br />

the time all make-ready work necessary to Licensee’s attachment or occupancy has<br />

been completed.<br />

CCCS 367 of 433

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