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

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Page 246 of 374<br />

ATT 4 – COLLOCATION/AT&T-9STATE<br />

PAGE 7 OF 44<br />

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

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

subsequently decides construct its own enclosure after the bona fide firm order (hereinafter<br />

“BFFO”) has been accepted by AT&T, <strong>Southern</strong> <strong>Light</strong> will submit a Subsequent Application, as<br />

defined in Section 6.2 below. If AT&T elects to review <strong>Southern</strong> <strong>Light</strong>’s plans and specifications,<br />

then AT&T will provide notification to <strong>Southern</strong> <strong>Light</strong> within ten (10) days after the Initial Application<br />

BFFO date or, if a Subsequent Application is submitted as set forth in the preceding sentence, then<br />

the Subsequent Application BFFO date. AT&T shall complete its review within fifteen (15) days<br />

after AT&T’s receipt of <strong>Southern</strong> <strong>Light</strong>’s plans and specifications. Regardless of whether or not<br />

AT&T elects to review <strong>Southern</strong> <strong>Light</strong>’s plans and specifications, AT&T reserves the right to inspect<br />

the enclosure after construction has been completed to ensure that it is constructed according to<br />

<strong>Southern</strong> <strong>Light</strong>’s submitted plans and specifications and/or AT&T’s wire mesh enclosure<br />

specifications, as applicable. If AT&T decides to inspect the constructed Collocation Space, AT&T<br />

will complete its inspection within fifteen (15) days after receipt of <strong>Southern</strong> <strong>Light</strong>’s written<br />

notification that the enclosure has been completed. Within seven (7) days after AT&T has<br />

completed its inspection of <strong>Southern</strong> <strong>Light</strong>’s caged Collocation Space, AT&T shall require <strong>Southern</strong><br />

<strong>Light</strong>, at <strong>Southern</strong> <strong>Light</strong>’s expense, to remove or correct any structure that does not meet <strong>Southern</strong><br />

<strong>Light</strong>’s plans and specifications or AT&T’s wire mesh enclosure specifications, as applicable.<br />

3.3 Shared Caged Collocation<br />

3.3.1 <strong>Southern</strong> <strong>Light</strong> may allow other telecommunications carriers to share <strong>Southern</strong> <strong>Light</strong>’s caged<br />

Collocation Space, pursuant to the terms and conditions agreed to by <strong>Southern</strong> <strong>Light</strong> (Host) and<br />

the other telecommunications carriers (Guests) contained in this Section, except where the AT&T<br />

Premises is located within a leased space and AT&T is prohibited by said lease from offering such<br />

an option to <strong>Southern</strong> <strong>Light</strong>. AT&T shall be notified in writing by <strong>Southern</strong> <strong>Light</strong> upon the execution<br />

of any agreement between the Host and its Guest(s) prior to the submission of an application.<br />

Further, such notification shall include the name of the Guest(s), the term of the agreement, and a<br />

certification by <strong>Southern</strong> <strong>Light</strong> that said agreement imposes upon the Guest(s) the same terms and<br />

conditions for Collocation Space as set forth in this Attachment between AT&T and <strong>Southern</strong> <strong>Light</strong>.<br />

The term of the agreement between the Host and its Guest(s) shall not exceed the term of this<br />

Agreement between AT&T and <strong>Southern</strong> <strong>Light</strong>.<br />

3.3.2 <strong>Southern</strong> <strong>Light</strong>, as the Host, shall be the sole interface and responsible Party to AT&T for the<br />

assessment and billing of rates and charges contained within this Attachment and for the purposes<br />

of ensuring that the safety and security requirements of this Attachment are fully complied with by<br />

the Guest(s), its employees and agents. AT&T shall provide <strong>Southern</strong> <strong>Light</strong> with a pro-ration of the<br />

costs of the Collocation Space based on the number of collocators and the space used by each.<br />

There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for<br />

all states other than Florida, <strong>Southern</strong> <strong>Light</strong> shall be the responsible Party to AT&T for the purpose<br />

of submitting applications for initial and additional equipment placement for the Guest(s). In<br />

Florida, the Guest(s) may submit its own Initial Application and Subsequent Applications for<br />

equipment placement using the Host’s ACNA. A separate Guest application shall result in the<br />

assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B,<br />

which will be billed to the Host on the date that AT&T provides its written Application Response to<br />

the Guest(s) Bona Fide application.<br />

3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to AT&T to request<br />

the provisioning of interconnecting facilities between AT&T and the Guest(s), the provisioning of<br />

services, and/or access to Network Elements. The bill for these interconnecting facilities, services<br />

and Network Elements will be charged to the Guest(s) pursuant to the applicable AT&T Tariff or the<br />

Guest’s Interconnection Agreement with AT&T.<br />

3.3.4 <strong>Southern</strong> <strong>Light</strong> shall indemnify and hold harmless AT&T from any and all claims, actions, causes of<br />

CCCS 246 of 370

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