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APPENDIX WIRELESS PHYSICAL COLLOCATION/AT&T-13STATE
PAGE 26 OF 62
AT&T-13STATE/NEW CINGULAR WIRLESS PCS, 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