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

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Page 256 of 374 ATT 4 – COLLOCATION/AT&T-9STATE PAGE 17 OF 44 Southern Light 1Q08 GENERIC INTERCONNECTION AGREEMENT – 03/10/08 and AT&T shall have no liability to Southern Light for any damages arising from such action, except to the extent that such action by AT&T constitutes willful misconduct. 5.14.3 For purposes of this Section, the term “significantly degrades” shall be defined as an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and Southern Light fails to cure the violation within forty-eight (48) hours, or if such cure is not possible, to commence curative action within twenty-four (24) hours and exercise reasonable diligence to complete such action as soon as possible, AT&T will establish before the appropriate Commission that the technology deployed is causing the significant degradation. Any claims of network harm presented to Southern Light or, if subsequently necessary, the Commission must be provided by AT&T with specific and verifiable information. When AT&T demonstrates that a certain technology deployed by Southern Light is significantly degrading the performance of other advanced services or traditional voice band services, Southern Light shall discontinue deployment of that technology and migrate its customers to other technologies that will not significantly degrade the performance of such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment, pursuant to 47 C.F.R. § 51.230, the degraded service shall not prevail against the newly-deployed technology. 5.15 Personalty and Its Removal. Facilities and equipment placed by Southern Light in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personal property and may be removed by Southern Light at any time. Any damage caused to the Collocation Space by Southern Light’s employees, suppliers, agents or Guests during the installation or removal of such property shall be promptly repaired by Southern Light at its sole expense. If Southern Light decides to remove equipment and/or facilities from its Collocation Space and the removal requires no physical work be performed by AT&T and Southern Light’s physical work includes, but is not limited to, power reduction, cross-connects, or tie pairs, AT&T will bill Southern Light the Administrative Only Application Fee associated with the type of removal activity performed by Southern Light, as set forth in Exhibit B. This nonrecurring fee will be billed on the date that AT&T provides an Application Response to Southern Light. 5.16 Alterations. Under no condition shall Southern Light or any person acting on behalf of Southern Light make any rearrangement, modification, augment, improvement, addition, and/or other alteration which could affect in any way space, power, HVAC, and/or safety considerations to the Collocation Space or the AT&T Premises, hereinafter referred to individually or collectively as “Alterations”, without the express written consent of AT&T, which shall not be unreasonably withheld. The cost of any such Alteration shall be paid by Southern Light. An Alteration shall require the submission of a Subsequent Application and will result in the assessment of the applicable application fee associated with the type of alteration requested, as set forth in Sections 6.2.1 and 7.1.4 below, which will be billed by AT&T on the date that AT&T provides Southern Light with an Application Response. 5.17 Central Office Janitorial Service. Southern Light shall be responsible for the general upkeep of its Collocation Space. Southern Light shall arrange directly with an AT&T Certified Supplier for janitorial services applicable to caged Collocation Space. Upon request, AT&T shall provide a list of such suppliers on an AT&T Premises-specific basis. 5.18 Upkeep of Remote Collocation Space. Southern Light shall be responsible for the general upkeep CCCS 256 of 370
Page 257 of 374 ATT 4 – COLLOCATION/AT&T-9STATE PAGE 18 OF 44 Southern Light 1Q08 GENERIC INTERCONNECTION AGREEMENT – 03/10/08 and cleaning of the Remote Collocation Space. Southern Light shall be responsible for removing any of Southern Light’s debris from the Remote Collocation Space and from in and around the Remote Site Location on each visit. 6 Ordering and Preparation of Collocation Space 6.1 Initial Application. For Southern Light’s or Southern Light’s Guest’s(s’) initial equipment placement, Southern Light shall input a physical Expanded Interconnection Application Document (Initial Application) for physical Collocation Space directly into AT&T’s electronic application (e.App) system for processing. The Initial Application is considered Bona Fide when it is complete and accurate, meaning that all of the required fields on the Initial Application are completed with the appropriate type of information. An Initial Application Fee, as set forth in Exhibit B, will apply to each Initial Application submitted by Southern Light for Central Office or Remote Site Collocation, as applicable, and will be billed by AT&T on the date AT&T provides Southern Light with an Application Response. 6.1.1 For Remote Site Collocation, a request for additional space at a later date will require the submission of an Initial Application. The installation of additional shelves/equipment within an existing bay does not require an Initial Application. 6.2 Subsequent Application. In the event Southern Light or Southern Light’s Guest(s) desires to modify its use of the Collocation Space in a Central Office after a BFFO, Southern Light shall complete an application that contains all of the detailed information associated with a requested Alteration of the Collocation Space, as defined in Section 5.15 above (Subsequent Application). The Subsequent Application will be considered Bona Fide when it is complete and accurate, meaning that all of the required fields on the Subsequent Application have been completed with the appropriate type of information associated with the requested Alteration. AT&T shall determine what modifications, if any, to the AT&T Premises are required to accommodate the change(s) requested by Southern Light in the Subsequent Application. Such modifications to the AT&T Premises may include, but are not limited to, floor loading changes, changes necessary to meet HVAC requirements, changes to power plant requirements, equipment additions, etc. 6.2.1 Subsequent Application Fees. The application fee paid by Southern Light for an Alteration in a Central Office shall be dependent upon the level of assessment needed to provide a complete Application Response for the Alteration requested. Where the Subsequent Application does not require provisioning or construction work, but requires AT&T to perform an administrative activity, an Administrative Only Application Fee shall apply as set forth in Exhibit B. The Administrative Only Application Fee will apply to Subsequent Applications associated with a transfer of ownership of the Collocation Space, the addition, exchange or removal of equipment from the Collocation Space (where the removal requires no physical work to be performed by AT&T which require no additional space, power or terminations to be provided to Southern Light’s collocation arrangement), and a virtual-to-physical conversion (in place). The Co-Carrier Cross Connect/Direct Connect Application Fee will apply when Southern Light submits a Subsequent Application for a direct connection between its own physical and virtual Collocation Space(s) in the same AT&T Central Office or between its physical or virtual Collocation Space and that of another collocated telecommunications carrier within the same AT&T Central Office. In Florida and Tennessee, the Power Reconfiguration Only Application Fee will apply when Southern Light submits a Subsequent Application that reflects only an upgrade or reduction in the amount of power that AT&T is currently providing to Southern Light’s physical Collocation Space in a Central Office. The fee for a Subsequent Application, for which the Alteration requested has limited effect (e.g., requires limited assessment and sufficient cable support structure, HVAC, power and CCCS 257 of 370
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Customer Name: Southern Light, LLC - AT&T Clec Online

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