Customer Name: Southern Light, LLC - AT&T Clec Online
Customer Name: Southern Light, LLC - AT&T Clec Online
Customer Name: Southern Light, LLC - AT&T Clec Online
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Page 242 of 374<br />
ATT 4 – COLLOCATION/AT&T-9STATE<br />
PAGE 3 OF 44<br />
<strong>Southern</strong> <strong>Light</strong><br />
1Q08 GENERIC INTERCONNECTION AGREEMENT – 03/10/08<br />
AT&T COLLOCATION<br />
1. Scope of Attachment<br />
1.1 AT&T Premises<br />
1.1.1 The rates, terms and conditions contained within this Attachment shall only apply when <strong>Southern</strong><br />
<strong>Light</strong> is physically collocated as a sole occupant or as a Host within an AT&T Premises pursuant to<br />
this Attachment. AT&T Premises, as defined in this Attachment includes AT&T Central Offices,<br />
and Remote Terminals (hereinafter “AT&T Premises”). This Attachment is applicable to AT&T<br />
Premises owned or leased by AT&T. Where not specified, the language in this Attachment applies<br />
to both Central Office and Remote Site Collocation.<br />
1.1.2 Third Party Property. If the AT&T Premises, or the property on which it is located, is leased by<br />
AT&T from a third party or otherwise controlled by a third party, special considerations and<br />
intervals may apply in addition to the terms and conditions of this Attachment. Additionally, where<br />
AT&T notifies <strong>Southern</strong> <strong>Light</strong> that AT&T’s agreement with a third party does not grant AT&T the<br />
ability to provide access and use rights to others, upon <strong>Southern</strong> <strong>Light</strong>’s request, AT&T will use<br />
commercially reasonable efforts to obtain the owner’s consent and to otherwise secure such rights<br />
for <strong>Southern</strong> <strong>Light</strong>. <strong>Southern</strong> <strong>Light</strong> agrees to reimburse AT&T for all costs incurred by AT&T in<br />
obtaining such rights for <strong>Southern</strong> <strong>Light</strong>. In cases where a third party agreement does not grant<br />
AT&T the right to provide access and use rights to others as contemplated by this Attachment and<br />
AT&T, is unable to secure such access and use rights for <strong>Southern</strong> <strong>Light</strong>, <strong>Southern</strong> <strong>Light</strong> shall be<br />
responsible for obtaining such permission to access and use such property. AT&T shall cooperate<br />
with <strong>Southern</strong> <strong>Light</strong> in obtaining such permission.<br />
1.2 Right to Occupy<br />
1.2.1 AT&T shall offer to <strong>Southern</strong> <strong>Light</strong> collocation on rates, terms and conditions that are just,<br />
reasonable, nondiscriminatory and consistent with the rules of the FCC. Subject to the rates, terms<br />
and conditions of this Attachment, where space is available and it is technically feasible, AT&T will<br />
allow <strong>Southern</strong> <strong>Light</strong> to occupy a certain area designated by AT&T within an AT&T Premises, or on<br />
AT&T property upon which the AT&T Premises is located, of a size which is specified by <strong>Southern</strong><br />
<strong>Light</strong> and agreed to by AT&T (hereinafter “Collocation Space”). Except as otherwise specified, any<br />
references to Collocation Space shall be for physical collocation. The necessary rates, terms and<br />
conditions for a premises as defined by the FCC, other than AT&T Premises, shall be negotiated<br />
upon reasonable request for collocation at such premises.<br />
1.2.2 Neither AT&T nor any of AT&T’s affiliates may reserve space for future use on more preferential<br />
terms than those set forth in this Attachment.<br />
1.2.2.1 In all states other than Florida, the size specified by <strong>Southern</strong> <strong>Light</strong> may contemplate a request for<br />
space sufficient to accommodate <strong>Southern</strong> <strong>Light</strong>’s growth within a twenty-four (24) month period.<br />
1.2.2.2 In the state of Florida, the size specified by <strong>Southern</strong> <strong>Light</strong> may contemplate a request for space<br />
sufficient to accommodate <strong>Southern</strong> <strong>Light</strong>’s growth within an eighteen (18) month period.<br />
1.3 Space Allocation. AT&T shall assign <strong>Southern</strong> <strong>Light</strong> Collocation Space that utilizes existing<br />
infrastructure (e.g., heating, ventilation, air conditioning (HVAC), lighting and available power), if<br />
such space is available for collocation. Otherwise, AT&T shall attempt to accommodate <strong>Southern</strong><br />
<strong>Light</strong>’s requested space preferences, if any, including the provision of contiguous space for any<br />
subsequent request for collocation. In allocating Collocation Space, AT&T shall not materially<br />
increase <strong>Southern</strong> <strong>Light</strong>’s cost or materially delay <strong>Southern</strong> <strong>Light</strong>’s occupation and use of the<br />
Collocation Space, assign Collocation Space that will impair the quality of service or otherwise limit<br />
CCCS 242 of 370