ECS provides the following products and services:

Conduit Rental:

• Occupancy
  When a Tenant places its Facilities in a Manhole or Section of Conduit.
  
  • Single Occupancy
    When Tenant Occupies a Conduit after midnight of the Co-Occupancy Effective Date for the purpose of placing a Cable of a size that will prevent the placement of additional Innerduct to allow Co-Occupancy, e.g., a 3.5 inch copper cable placed in a 4 inch Conduit, or a 1.25 inch fiber cable placed in a Quad Duct.
    
  • Co-Occupancy
    When, at any time after the Co-Occupancy Effective Date:
    • Tenant and one or more Other Tenants concurrently Occupy a Conduit having a diameter greater than 2.5 inches, or
    • Tenant Occupies an Innerduct in a Conduit having a diameter greater than 2.5 inches.
      
• Bonded Conduit
  A new Mainline Conduit, built at Tenant's written request, for which Tenant is required to guarantee or bond the payment of the Occupancy Rate for a period of ten (10) years which shall commence on the date that Tenant is notified by ECS that the Bonded Conduit is available for use.
  
  • Conduit
    Any pipe, tube or passageway, including but not limited to, PVC, iron, concrete, tile or wooden ducts entering or leaving a Manhole through which a Cable can be placed. Unless otherwise stated herein, the term "Conduit" shall mean one Section of Mainline Conduit.
    
  • Innerduct
    Any structure or material installed in a Conduit for the purpose of creating one or more passageways to facilitate the installation or removal of Cables within the Conduit. Innerducts may be owned by Tenant or, in the case of Co-Occupancy, by ECS.
    
  • Bonding Period
    A ten (10) year period during which Tenant is obligated to guarantee or bond the payment of the Occupancy Rate on Bonded Conduits (or Innerducts) built for a Tenant at its written request. The Bonding Period shall commence on the date that Tenant is notified by ECS that the Bonded Conduit is available for use, unless within 30 days thereof, Tenant notifies ECS in writing that the Bonded Conduit is obstructed, in which case the Bonding Period shall commence as of the date ECS can demonstrate that the Bonded Conduit is free of obstructions by drawing a slug through the Bonded Conduit.
• Non-Bonded Conduit or Non-Bonded Innerduct
  Any existing Spare Conduit, or in the case of Co-Occupancy, any existing Spare Innerduct, that is or may be Occupied by Tenant.
  
• Maintenance Spares
  One (1) Innerduct or Quad Duct, and one (1) 4 inch Conduit, in each Section of Conduit that are intended to remain unoccupied except as needed to restore service to Tenant's customers when no other Spare Conduits are available.
  
• Surrender
  When Tenant notifies ECS in writing that it no longer requires a Non-Bonded Conduit, or in the case of Co-Occupancy, a Non-Bonded Innerduct, after Tenant has either removed its Facilities or cut and abandoned its Facilities after reasonable attempts to remove the Facilities have failed.

Custom Work:
Work performed by ECS in connection with building, operating, rearranging, improving or removing the Conduit System to accommodate Tenant's Occupancy of the Conduit System that is not specifically included in the Occupancy Rates, including Municipal Interference, Construction Avoidance, Manhole Improvements, Cable Failure Excavation, Inspections, Special Street Restoration, emergency work and any work performed by ECS after Tenant has failed to perform such work for itself as required by this Agreement.

• Cable Failure Excavation
  When ECS, in its sole discretion, excavates, exposes, and later restores, a portion of the Conduit System at Tenant's request so that Tenant may repair worn, deteriorated or damaged Cables.
  
• Construction Avoidance
  Activities including, but not limited to, Route Feasibility Studies, Route Selection, Rodding and Roping Ducts, Cable removals and clearing obstructions undertaken by ECS to find a Spare Duct, Space or an alternate route, that reasonably meets Tenant's Immediate Service Needs without needing to build additional Bonded Conduits or Bonded Innerducts.
  
• Emergency Work
  Any work performed by ECS during an emergency in accordance with Article III, Section E, paragraph 8 of the Conduit Occupancy Agreement.
  
• Inspection
  Any work operation performed by ECS employees, agents or contractors to survey, observe, inspect and/or mark out in accordance with 16 NYCRR 753 any of Tenant's Facilities in the Conduit System, and any work operation performed by ECS employees, agents or contractors to survey, observe, inspect and/or direct contractors or third parties performing work in or around the Conduit System.
  
• Manhole Improvements
  Any work performed on, in or around an ECS Manhole for the purpose of improving the Manhole structure, its fixtures or the environmental conditions therein, except manhole cleaning when performed by an environmental services provider approved by ECS that is engaged and paid for directly by Tenant.
  
• Municipal Interference
  Any costs to ECS, including but not limited to, payments to contractors working for the City or State of New York, costs of inspection, engineering and legal fees, which may be incurred by ECS to facilitate the support, protection, rearrangement, removal, repair, relocation or replacement of the Conduit System and Tenant's Facilities therein during the course of performance of a public works contract, which shall be apportioned among Tenants based on their Occupancy of the Conduit System in the affected Sections.
  
• Special Street Restoration
  The incremental costs associated with restoring the City streets and/or sidewalks in accordance with Department of Transportation, or any successor agency, permit stipulations in connection with the construction of Bonded Conduit which are not normally incurred, including but not limited to, curb-to-curb asphalt repaving, "Belgian block" or similar stone repaving, section-by-section replacement of reinforced concrete roadways, and flagged or decorative stone sidewalk replacement, and/or the incremental costs of using a public works contractor to construct Bonded Conduits during a public works project because Tenant's service requirements cannot wait until after the public work contractor has completed its work.

Optional Custom Work:
Any work performed by ECS at the request of Tenant which Tenant has the option of performing for itself or through any independent contractor, including but not limited to; (i) any work associated with the construction, repair, maintenance, protection, rearrangement or removal of Subsidiary Conduits, (ii) the construction, repair, maintenance, protection, rearrangement or removal Tenant's Facilities in the Conduit System or in Subsidiary Conduits, (iii) any Rodding and Roping, Route Selection or Route Feasibility Studies when not performed as part of Construction Avoidance activities, and (iv) any work performed outside Manhattan and the Bronx.

• Construction & Cable Placement Service - Manhattan & The Bronx
  ECS operates two construction garages located at 220 South ST,O1 Floor Room,New York,NY and Drake Street, Bronx. ECS's experienced work crews may be available to provide the following services to tenants in these two boroughs:
  • Subsidiary Conduit Construction
  • Pedestal Construction (for payphones, fiber optic cabinets, etc.)
  • Manholes, Vaults and CEMH Construction
  • Rodding & Roping
  • Innerduct and Airpipe Placement
  • Cable Placement & Removal
• Cable Failure Excavation
  Upon request, ECS can excavate and break open ECS manholes or mainline conduits so that tenants can perform emergency cable maintenance. ECS shall only perform cable failure excavation work when ECS determines, in its sole judgement, that the work can be performed without endangering the cables of other tenants. Bills for such work shall include call-out pay and premium pay rates for out-of-hours responses and the costs of restoring ECS's infrastructure.  
  
• Engineering Services - Greater Metro Area
  ECS is available to provide a variety of engineering services throughout the Greater Metropolitan Area, including New York City, Long Island, Westchester and Rockland Counties. These services include:
  • Conduit Requirements Planning
  • Route Analysis & Selection
  • Duct Selection
  • Municipal Interference Administration
  • Cable Toning and Marking/Damage Prevention
  • Subsurface Consulting
  • "Turnkey" Subsurface Construction Administration
• Rod & Rope
  Includes route feasibility, which consist of rod and rope to established pathways between manholes (innerduct to be supplied by tenant).
  
• Rod & Rope & Place Innerduct
  Includes route feasibility, which consist of rod and rope to established pathways between manholes and the placement of innerduct (innerduct to be supplied by tenant).
  
• Subsidiary/Lateral Builds
  A connection between an existing ECS manhole to a building. These conduits are tenant owned. This includes:
  • Saw cutting
  • Placing conduit
  • Backfilling, compacting, concrete and repaving the roadway
  • Placing a drag rope in conduit