ssage), the rearrangement, transfer, replacement, and removal
of existing facilities on a pole or in a conduit system where such work is required
solely to accommodate MCIm's facilities and not to meet BellSouth's business needs or
convenience. "Make-Ready work" may require "dig-ups" of existing facilities and may
include the repair, enlargement or modification of BellSouth's facilities (including, but
not limited to, conduits, ducts, handholes and manholes) or the performance of other
work required to make a pole, anchor, conduit or duct usable for the initial placement
of MCIms facilities.
1.21 Manhole/Handhole. The term "manhole" refers to an enclosure, usually below ground
level and entered through a hole on the surface covered with a cast iron or concrete
manhole cover, which personnel may enter and use for the purpose of installing,
operating, and maintaining facilities in a conduit. The term handhole refers to a
similar enclosure which is too small for personnel to enter.
1.22 Occupancy. The term occupancy shall refer to the physical presence of
telecommunication facilities in a duct, on a pole, or within a right-of-way.
1.23
Person acting on MCIm's behalf. The terms "person acting on MCIm's behalf,"
"personnel performing work on MCIm's behalf," and similar terms include both natural
persons and firms and ventures of every type, including, but not limited to,
corporations, partnerships, limited liability companies, sole proprietorships, and joint
ventures. The terms "person acting on MCIm's behalf," "personnel performing work
on MCIm's behalf," and similar terms specifically include, but are not limited to,
MCIm, its officers, directors, employees, agents, representatives, attorneys,
contractors, subcontractors, and other persons or entities performing services at the
request of or as directed by MCIm and their respective officers, directors, employees,
agents, and representatives.
1.24
Person acting on BellSouth's behalf. The terms "person acting on BellSouth's behalf,"
"personnel performing work on BellSouth's behalf," and similar terms include both
natural persons and firms and ventures of every type, including, but not limited to,
corporations, partnerships, limited liability companies, sole proprietorships, and joint
ventures. The terms "person acting on BellSouth's behalf," "personnel performing
work on BellSouth's behalf," and similar terms specifically include, but are not limited
to, BellSouth, its officers, directors, employees, agents, representatives, attorneys,
contractors, subcontractors, and other persons or entities performing services at the
request or on behalf of BellSouth and their respective officers, directors, employees,
agents, and representatives.
1.25 Pole. The term "pole" refers to both utility poles and anchors but only to those utility
poles and anchors owned or controlled by BellSouth, and does not include utility poles
or anchors with respect to which BellSouth has no legal authority to permit
attachments by other persons or entities.
1.26
Intentionally left blank.
1.27 Prelicense
survey. The term "prelicense survey" refers to all work and activities
CCCS 397 of 737 MCIm - BellSouth Florida Interconnection Agreement
Rights-of Way Attachment 6

dwcgi-17186-1024698700-826194000.doc

Page 5 of 34
performed or to be performed to determine whether there is adequate capacity on a
pole or in a conduit or conduit system (including manholes and handholes) to
accommodate MCIm's facilities and to determine what make-ready work, if any, is
required to prepare the pole, conduit or conduit system to accommodate MCIm's
facilities.
1.28 Right-of-Way
(ROW). The term right-of-way refers to the right to use the land or
other property of BellSouth to place poles, conduits, cables, other structures and
equipment, or to provide passage to access such structures and equipment. A Right-
of-Way may run under, on, above, across, along or through public or private property
or enter multi-unit buildings (including air space above public or private property) and
may include the right to use BellSouth-owned or controlled building entrance facilities,
building entrance links, equipment rooms, telephone closets, and/or building risers.
1.29 Sheath. The term sheath refers to a single outer covering containing
communications wires, fibers, or other communications media.
1.30 Spare
Capacity. The term "spare capacity" refers to any pole attachment space,
conduit, duct or inner-duct not currently assigned or subject to a pending application
for attachment/occupancy. Spare capacity does not include an inner-duct (not to
exceed one inner-duct per party) reserved by BellSouth, MCIm, or a third party for
maintenance, repair, or emergency restoration.
1.31 State. When capitalized, the term "State" (as used in terms such as "this State") refers
to the State, for which this Agreement applies.
1.32 Third
Party. The terms "third party" and "third parties" refer to persons and entities
other than MCIm and BellSouth. Use of the term "third party" does not signify that
any such person or entity is a party to this Agreement or has any contractual rights
hereunder.
2.
REQUIREMENTS / SCOPE OF AGREEMENT
2.1
Scope of Attachment. BellSouth shall provide MCIm with equal and
nondiscriminatory access to pole space, conduits, ducts, and rights-of-way on terms
and conditions equal to those provided by BellSouth to itself or to any other
telecommunications service provider. Further, BellSouth shall not withhold or delay
assignment of such facilities to MCIm because of the potential or forecasted needs of
itself, its Affiliates or other parties.
2.2
Attachments and Occupancies Authorized by this Attachment. BellSouth shall issue
one or more licenses to MCIm authorizing MCIm to attach facilities to BellSouth's
owned or controlled poles and to place facilities within BellSouth's owned or
controlled conduits, ducts or rights-of-way under the terms and conditions set forth in
this Attachment, the Act and FCC rules and regulations.
2.2.1
Unless otherwise provided herein, authority to attach facilities to BellSouth's owned or
controlled poles or to place facilities within BellSouth's owned or controlled conduits,
ducts or rights-of-way shall be granted only in individual licenses granted under this
Attachment and the placement or use of such facilities shall be determined in
CCCS 398 of 737 MCIm - BellSouth Florida Interconnection Agreement
Rights-of Way Attachment 6

dwcgi-17186-1024698700-826194000.doc

Page 6 of 34
accordance with such licenses and procedures established in this Attachment.
2.2.2
MCIm agrees that its attachment of facilities to BellSouth's owned or controlled poles
or occupancy of BellSouth's owned or controlled conduits, ducts or rights-of-way
shall take place pursuant to the licensing procedures set forth herein, and BellSouth
agrees that it shall not unreasonably withhold or delay issuance of such licenses.
2.2.3
MCIm may not sublease or otherwise authorize any Third Party to use any part of the
BellSouth Facilities licensed to MCIm under this Attachment, except that MCIm may
lease its own Facilities to Third Parties, or allow affiliates to overlash cables to MCIm
cables. Notwithstanding the above, upon notice to BellSouth, MCIm may permit Third
Parties who have an agreement with BellSouth to overlash to existing MCIm
attachments in accordance with the terms and conditions of such Third Partys
agreement with BellSouth, and MCIm may lease dark fiber to a Third Party
2.3 Licenses. Subject to the terms and conditions set forth in this Attachment, BellSouth
shall issue to MCIm one or more licenses authorizing MCIm to place or attach
facilities in or to specified poles, conduits, ducts or rights-of-way owned or controlled
by BellSouth located within this State on a first come, first served basis. BellSouth
may deny a license application if BellSouth determines that the pole, conduit or duct
space specifically requested by MCIm is necessary to meet BellSouths present needs,
or is licensed by BellSouth to another licensee, or is otherwise unavailable based on
engineering concerns. BellSouth shall provide written notice to MCIm within a
reasonable time, not to exceed 45 days, specifying in detail the reasons for denying
MCIms request. BellSouth shall have the right to designate the particular duct(s) to
be occupied, the location and manner in which MCIms facilities will enter and exit
BellSouths conduit system and the specific location and manner of installation for any
associated equipment which is permitted by BellSouth to occupy the conduit system.
Assignment of space on poles, in conduits or ducts and within rights-of-way will be
granted by BellSouth on an equal basis to BellSouth, MCIm and other
telecommunication service providers
2.4
Access and Use of Rights-of-Way. BellSouth acknowledges that it is required by the
Act and FCC rules and regulations to afford MCIm access to and use of all associated
rights-of-way to any sites where BellSouths owned or controlled poles, manholes,
conduits, ducts or other parts of BellSouths owned or controlled conduit systems are
located and any other BellSouth owned or controlled rights-of-way.
2.4.1
BellSouth shall provide MCIm with access to and use of such rights-of-way to the
same extent and for the same purposes that BellSouth may access or use such rights-
of-way, including, but not limited to, access for ingress, egress or other access and to
construct, utilize, maintain, modify,