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Page 150 of 250 APPENDIX WIRELESS PHYSICAL COLLOCATION/AT&T-13STATE PAGE 25 OF 62 AT&T-13STATE/NEW CINGULAR WIRLESS <strong>PCS</strong>, LLC 020106 day after AT&T-13STATE provides the Wireless Collocator with written notice of such failure and the Wireless Collocator does not place operational telecommunications equipment in the Dedicated Space and interconnect with AT&T-13STATE by that tenth (10 th ) business day. In any event, the Wireless Collocator shall be liable in an amount equal to the unpaid balance of the applicable charges. 8.4.4 For purposes of this Section, the Wireless Collocator’s telecommunications equipment is considered to be operational and interconnected when connected to either AT&T-13STATE’s network or interconnected to another Wireless Collocator’s equipment that resides within the same structure, provided the Wireless Collocator’s equipment is used for interconnection with AT&T- 13STATE’s for the purpose of providing this service. 8.4.5 If the Wireless Collocator causes AT&T-13STATE to prepare the Dedicated Space and then the Wireless Collocator does not use the Dedicated Space (or all the Dedicated Space), the Wireless Collocator will pay AT&T-13STATE the monthly recurring and other applicable charges as if the Wireless Collocator were using the Dedicated Space, until such time as the Wireless Collocator submits a complete and accurate decommissioning application, and the decommissioning process is completed as required. 8.5 Relocation 8.5.1 When AT&T-13STATE determines because of zoning changes, condemnation, or government order or regulation that it is necessary for the Dedicated Space to be moved within an Eligible Structure to another Eligible Structure, from an adjacent space collocation structure to a different adjacent space collocation structure, or from an adjacent space collocation structure to an Eligible Structure, the Wireless Collocator is required to move its Dedicated Space or adjacent space collocation structure. AT&T-13STATE will notify the resident Wireless Collocator(s) in writing within five (5) days of the determination to move the location. If the relocation occurs for reasons other than an emergency, AT&T-13STATE will provide the resident Wireless Collocator(s) with at least one hundred eighty (180) days advance written notice prior to the relocation. If the Wireless Collocator is required to relocate under this Section, the Wireless Collocator will not be required to pay any application fees associated with the application required for arranging for new space. The Wireless Collocator shall be responsible for the costs for the preparation of the new telecommunications equipment space and Dedicated Space at the new location or an adjacent space collocation structure if such relocation arises from circumstances beyond the reasonable control of AT&T-13STATE, including zoning changes, condemnation or government order or regulation that makes the continued occupancy or use of the Dedicated Space or the Eligible Structure in which the Dedicated Space is located or the adjacent space collocation structure for the purpose then used, uneconomical in AT&T-13STATE’s reasonable discretion. In addition, a Wireless Collocator’s presence in AT&T-13STATE Central Offices or adjacent space collocation structures should not prevent AT&T-13STATE from making a reasonable business decision regarding building expansions or additions the number of Central Offices required to conduct its business or its locations. 8.5.2 If AT&T-13STATE determines that a Wireless Collocator must relocate due to any of the above reasons, AT&T-13STATE will make all reasonable efforts to minimize disruption of the Wireless Collocator’s services. In addition, the costs of the move will be shared equally by AT&T-13STATE and the Wireless Collocator, unless the Parties agree to a different financial arrangement. 8.5.3 If the Wireless Collocator requests that the Dedicated Space be moved within the Eligible Structure in which the Dedicated Space is located, to another Eligible Structure, from an adjacent space collocation structure to a different adjacent space collocation structure or to an Eligible Structure, AT&T-13STATE shall permit the Wireless Collocator to relocate the Dedicated Space or adjacent space collocation structure, subject to availability of space and technical feasibility. The Wireless Collocator shall be responsible for all applicable charges associated with the move, including the reinstallation of its equipment and facilities and the preparation of the new telecommunications equipment space, and Dedicated Space, or adjacent space collocation structure as applicable. In
Page 151 of 250 APPENDIX WIRELESS PHYSICAL COLLOCATION/AT&T-13STATE PAGE 26 OF 62 AT&T-13STATE/NEW CINGULAR WIRLESS <strong>PCS</strong>, LLC 020106 any such event, the new Dedicated Space shall be deemed the Dedicated Space and the new Eligible Structure (where applicable) shall be deemed the Eligible Structure in which the Dedicated Space is located and the new adjacent space collocation structure shall be deemed the adjacent space collocation structure. 8.5.3.1 AT&T-13STATE shall maintain a publicly available document for viewing on the Internet at https://clec.att.com/clec indicating its Eligible Structures, if any, that have no space available for Physical Collocation. AT&T-13STATE will update this document within ten (10) calendar days of the date at which an Eligible Structure runs out of Physical Collocation space. 8.5.3.2 AT&T-13STATE will remove obsolete unused equipment from its Eligible Structures that have no space available for Physical Collocation upon reasonable request by a Wireless Collocator or upon order of the appropriate Commission. AT&T-13STATE shall reserve space for switching, MDF and DCS to accommodate access line growth. 8.6 Early Termination 8.6.1 Payment Upon Expiration or Termination In the case of the expiration or termination of this Appendix prior to term, or the early termination of any collocation services or arrangement(s), pursuant to Section 8.6.2 of this Appendix AT&T-13STATE shall be entitled to full payment within thirty (30) days of such expiration or termination for all services performed and expenses accrued or incurred that AT&T-13STATE is entitled to recover under the provisions of this Appendix for establishing such Collocation arrangement prior to such expiration or termination. 8.6.2 If Wireless Collocator cancels or abandons its collocation space in any of AT&T-13STATE’s central offices before AT&T-13STATE has recovered the full cost associated with providing that space to the Wireless Collocator, the amount of any such remaining costs shall become immediately due and payable within thirty (30) days after the Wireless Collocator abandons that space. 8.7 Dispute Resolution 8.7.1 Commencing Dispute Resolution 8.7.2 Dispute Resolution shall commence upon one Party’s receipt of written notice of a controversy or claim arising out of or relating to this Appendix or its breach. No Party may pursue any claim unless such written notice has first been given to the other Party. There are three (3) separate Dispute Resolution methods: 8.7.2.1 Collocation Service Center and Collocation Account Manager; 8.7.2.2 Informal Dispute Resolution; and 8.7.2.3 Formal Dispute Resolution, each of which is described below. 8.8 Non-billing Dispute 8.8.1 In the event of a bona fide dispute between a Wireless Collocator and AT&T-13STATE, Wireless Collocator shall include in written notice referenced in Section 8.7.2 above the following information: (a) the Central Office involved in the controversy, (b) the date controversy occurred, (c) detailed description of the controversy, (d) along with any and all documentation from both Parties. Failure to provide the information required by this Section not later than twenty-nine (29) days following the initial submission of the controversy, shall constitute Wireless Collocator’s irrevocable and full waiver of its right to file a dispute. 8.8.2 Upon receipt by AT&T-13STATE of written notice of a controversy from Wireless Collocator made in accordance with the requirements of Section 8.7.2 of this Appendix, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Appendix. The location, form, frequency, duration and conclusion of
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Page 5 of 250 GENERAL TERMS AND CON
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Page 9 of 250 1 .60 “InterLATA”
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Page 53 of 250 1. INTRODUCTION APPE
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Page 71 of 250 2. AT&T MIDWEST REGI
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Local Number Portability (LNP) Bona
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Page 1 of 18 Contract Number: 17251
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Non- Non- Monthly Recurring Recurri
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