CELLULAR/PCS INTERCONNECTION ... - AT&T Clec Online
CELLULAR/PCS INTERCONNECTION ... - AT&T Clec Online
CELLULAR/PCS INTERCONNECTION ... - AT&T Clec Online
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Page 163 of 250<br />
13. RE-ENTRY<br />
APPENDIX WIRELESS PHYSICAL COLLOCATION/AT&T-13STATE<br />
PAGE 38 OF 62<br />
AT&T-13STATE/NEW CINGULAR WIRLESS <strong>PCS</strong>, LLC<br />
020106<br />
13.1 If the Wireless Collocator shall default in performance of any provision herein, and the default shall<br />
continue for sixty (60) calendar days after receipt of AT&T-13STATE's written notice, or if the Wireless<br />
Collocator is declared bankrupt or insolvent or makes an assignment for the benefit of creditors, AT&T-<br />
13STATE may, immediately or at any time thereafter, without notice or demand, enter and repossess the<br />
Dedicated Space, expel the Wireless Collocator and any claiming under the Wireless Collocator, remove<br />
the Wireless Collocator’s property, forcibly if necessary, and services provided pursuant to this Appendix<br />
will be terminated without prejudice to any other remedies AT&T-13STATE might have.<br />
13.2 AT&T-13STATE may also refuse additional applications for service and/or refuse to complete any<br />
pending orders for additional space or service for the Wireless Collocator at any time after sending the<br />
notice required by the preceding Section.<br />
13.3 In the case of any dispute and at the written request of a Party, each Party will appoint a knowledgeable,<br />
responsible representative to meet and negotiate in good faith to resolve any dispute arising under this<br />
Appendix. The location, form, frequency, duration, and conclusion of these discussions will be left to the<br />
discretion of the representatives. Upon agreement, the representatives may utilize other alternative<br />
informal dispute resolution procedures such as mediation to assist in the negotiations. Discussions and<br />
the correspondence among the representatives for purposes of settlement are exempt from discovery and<br />
production and will not be admissible in the arbitration described below or in any lawsuit without the<br />
concurrence of both Parties. Documents identified in or provided with such communications, which are<br />
not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be<br />
admitted in evidence in the arbitration or lawsuit. To the extent negotiations do not resolve the dispute,<br />
and thirty (30) days have passed since the date of the request for resolution under this Section, Parties<br />
may seek more formal dispute resolution procedures.<br />
14. SERVICES AND MAINTENANCE<br />
14.1 Operating Services<br />
14.1.1 AT&T-13STATE shall maintain for the Eligible Structure customary building services, utilities<br />
(excluding telephone facilities), including janitorial and elevator services, twenty-four (24) hours a<br />
day, seven (7) days a week. Any business telephone services ordered by the Wireless Collocator<br />
for its administrative use within its Dedicated Space will be provided in accordance with applicable<br />
AT&T-13STATE tariffs.<br />
14.2 Maintenance<br />
14.2.1 AT&T-13STATE shall maintain the exterior of the Eligible Structure and grounds, and all<br />
entrances, stairways, passageways, and exits used by the Wireless Collocator to access the<br />
Dedicated Space.<br />
14.3 Equipment Staging and Storage<br />
14.3.1 No storage or staging area will be provided outside of the licensed space. Collocation areas may<br />
not be used for office administrative space (i.e., filing cabinet, desk, etc.). Fire standards and<br />
regulations prohibit the storage of flammable material, e.g., cardboard boxes, paper, packing<br />
material, etc. Safety standards prohibit the storage of chemicals of any kind. (Refer to<br />
Interconnector’s Guide for Collocation via https://clec.att.com/clec.)<br />
14.4 Legal Requirements<br />
14.4.1 Except for Section 17, AT&T-13STATE agrees to make, at its expense, all changes and additions<br />
to the Dedicated Space required by laws, ordinances, orders or regulations of any municipality,<br />
county, state or other public authority including the furnishing of required sanitary facilities and fire<br />
protection facilities, except fire protection facilities specially required because of the installation of<br />
telephone or electronic equipment and fixtures in the Dedicated Space.