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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.

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