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Customer Name: Southern Light, LLC - AT&T Clec Online

Customer Name: Southern Light, LLC - AT&T Clec Online

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Page 243 of 374<br />

ATT 4 – COLLOCATION/AT&T-9STATE<br />

PAGE 4 OF 44<br />

<strong>Southern</strong> <strong>Light</strong><br />

1Q08 GENERIC INTERCONNECTION AGREEMENT – 03/10/08<br />

the service <strong>Southern</strong> <strong>Light</strong> wishes to offer, reduce unreasonably the total space available for<br />

physical collocation or preclude reasonable physical collocation within the AT&T Premises. Space<br />

shall not be available for collocation if it is: (a) physically occupied by non-obsolete equipment; (b)<br />

assigned to another collocated telecommunications carrier; (c) used to provide physical access to<br />

occupied space; (d) used to enable technicians to work on equipment located within occupied<br />

space; (e) properly reserved for future use, either by AT&T or another collocated<br />

telecommunications carrier; or (f) essential for the administration and proper functioning of the<br />

AT&T Premises. AT&T may segregate Collocation Space and require separate entrances for<br />

collocated telecommunications carriers to access their Collocation Space, pursuant to FCC Rules.<br />

1.4 Transfer of Collocation Space<br />

1.4.1 <strong>Southern</strong> <strong>Light</strong> shall be allowed to transfer Collocation Space to another CLEC under the following<br />

conditions: (1) the AT&T Premises is not at or near space exhaustion; (2) the transfer of space<br />

shall be contingent upon AT&T’s approval, which will not be unreasonably withheld; (3) <strong>Southern</strong><br />

<strong>Light</strong> has no unpaid, undisputed collocation charges; and (4) the transfer of the Collocation Space<br />

is in conjunction with <strong>Southern</strong> <strong>Light</strong>’s sale of all or substantially all, of the in-place collocation<br />

equipment to the same CLEC.<br />

1.4.2 The responsibilities of <strong>Southern</strong> <strong>Light</strong> shall include: (1) submitting a letter of authorization to AT&T<br />

for the transfer; (2) entering into a transfer agreement with AT&T and the acquiring CLEC; and (3)<br />

returning all Security Access Devices to AT&T. The responsibilities of the acquiring CLEC shall<br />

include: (1) submitting an application to AT&T for the transfer of the Collocation Space; (2)<br />

satisfying all requirements of its interconnection agreement with AT&T; (3) submitting a letter to<br />

AT&T for the assumption of services; and (4) entering into a transfer agreement with AT&T and<br />

<strong>Southern</strong> <strong>Light</strong>.<br />

1.4.3 In conjunction with a transfer of Collocation Space, any services associated with the Collocation<br />

Space shall be transferred pursuant to separately negotiated rates, terms and conditions.<br />

1.5 Space Reclamation<br />

1.5.1 In the event of space exhaust within an AT&T Premises, AT&T may include in its documentation<br />

for the Petition for Waiver filed with the Commission, any unutilized space in the AT&T Premises.<br />

<strong>Southern</strong> <strong>Light</strong> will be responsible for the justification of unutilized space within its Collocation<br />

Space, if the Commission requires such justification.<br />

1.5.2 AT&T may reclaim unused Collocation Space when an AT&T Premises is at, or near, space<br />

exhaustion and <strong>Southern</strong> <strong>Light</strong> cannot demonstrate that <strong>Southern</strong> <strong>Light</strong> will utilize the Collocation<br />

Space in the time frames set forth below in Section 1.5.3. In the event of space exhaust or near<br />

exhaust within an AT&T Premises, AT&T will provide written notice to <strong>Southern</strong> <strong>Light</strong> requesting<br />

that <strong>Southern</strong> <strong>Light</strong> release non-utilized Collocation Space to AT&T, when one hundred percent<br />

(100%) of the Collocation Space in <strong>Southern</strong> <strong>Light</strong>’s collocation arrangement is not being utilized.<br />

1.5.3 Within twenty (20) days of receipt of written notification from AT&T, <strong>Southern</strong> <strong>Light</strong> shall either: (1)<br />

return the non-utilized Collocation Space to AT&T in which case <strong>Southern</strong> <strong>Light</strong> shall be relieved of<br />

all obligations for charges associated with that portion of the Collocation Space applicable from the<br />

date the Collocation Space is returned to AT&T; or (2) for all states, with the exception of Florida,<br />

provide AT&T with information demonstrating that the Collocation Space will be utilized within<br />

twenty-four (24) months from the date <strong>Southern</strong> <strong>Light</strong> accepted the Collocation Space (Acceptance<br />

Date) from AT&T. For Florida, <strong>Southern</strong> <strong>Light</strong> shall provide information to AT&T demonstrating<br />

that the Collocation Space will be utilized within eighteen (18) months from the Acceptance Date.<br />

CCCS 243 of 370

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