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

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Page 258 of 374<br />

ATT 4 – COLLOCATION/AT&T-9STATE<br />

PAGE 19 OF 44<br />

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

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

terminations are available), shall be the Subsequent Application Fee, as set forth in Exhibit B. The<br />

appropriate nonrecurring application fee will be billed on the date that AT&T provides <strong>Southern</strong><br />

<strong>Light</strong> with an Application Response.<br />

6.3 Space Preferences. If <strong>Southern</strong> <strong>Light</strong> has previously requested and received a Space Availability<br />

Report for the AT&T Premises, <strong>Southern</strong> <strong>Light</strong> may submit up to three (3) space preferences on its<br />

application by identifying the specific space identification numbers referenced on the Space<br />

Availability Report for the space it is requesting. In the event AT&T cannot accommodate <strong>Southern</strong><br />

<strong>Light</strong>’s space preference(s), <strong>Southern</strong> <strong>Light</strong> may accept the space allocated by AT&T or cancel its<br />

application and submit another application requesting additional space preferences for the same<br />

AT&T Premises. This application will be treated as a new application and the appropriate<br />

application fee will apply. The application fee will be billed by AT&T on the date that AT&T<br />

provides <strong>Southern</strong> <strong>Light</strong> with an Application Response.<br />

6.4 Space Availability Notification<br />

6.4.1 For all states except Florida and Tennessee, AT&T will respond to an application within ten (10)<br />

days as to whether space is available or not available within the requested AT&T Premises. In<br />

Florida and Tennessee, AT&T will respond to an application within fifteen (15) days as to whether<br />

space is available or not available within an AT&T Premises. AT&T’s e.App system will reflect<br />

when <strong>Southern</strong> <strong>Light</strong>’s application is Bona Fide. If the application cannot be Bona Fide, AT&T will<br />

identify what revisions are necessary for the application to become Bona Fide.<br />

6.4.2 If the amount of space requested is not available, AT&T will notify <strong>Southern</strong> <strong>Light</strong> of the amount of<br />

space that is available and no application fee will apply. When AT&T’s response includes an<br />

amount of space less than that requested by <strong>Southern</strong> <strong>Light</strong> or space that is configured differently,<br />

no application fee will apply. If <strong>Southern</strong> <strong>Light</strong> decides to accept the available space, <strong>Southern</strong><br />

<strong>Light</strong> must resubmit its application to reflect the actual space available, including the configuration<br />

of the space, prior to submitting a BFFO. When <strong>Southern</strong> <strong>Light</strong> resubmits its application to accept<br />

the available space, AT&T will bill <strong>Southern</strong> <strong>Light</strong> the appropriate application fee.<br />

6.5 Denial of Application. If AT&T notifies <strong>Southern</strong> <strong>Light</strong> that no space is available (Denial of<br />

Application), AT&T will not assess an application fee to <strong>Southern</strong> <strong>Light</strong>. After notifying <strong>Southern</strong><br />

<strong>Light</strong> that AT&T has no available space in the requested AT&T Premises, AT&T will allow <strong>Southern</strong><br />

<strong>Light</strong>, upon request, to tour the entire AT&T Premises within ten (10) days of such Denial of<br />

Application. In order to schedule this tour, AT&T must receive the request for the tour of the AT&T<br />

Premises within five (5) days of the Denial of Application.<br />

6.6 Petition for Waiver. Upon Denial of Application, AT&T will timely file a petition with the appropriate<br />

Commission pursuant to 47 U.S.C. § 251(c)(6). AT&T shall provide to the Commission any<br />

information requested by that Commission. Such information shall include which space, if any,<br />

AT&T or any of AT&T’s affiliates have reserved for future use and a detailed description of the<br />

specific future uses for which the space has been reserved. Subject to an appropriate<br />

nondisclosure agreement or provision, AT&T shall permit <strong>Southern</strong> <strong>Light</strong> to inspect any floor plans<br />

or diagrams that AT&T provides to the Commission.<br />

6.7 Waiting List<br />

6.7.1 On a first-come, first-serve basis, which is governed by the date of receipt of an application or<br />

Letter of Intent, AT&T will maintain a waiting list of requesting telecommunications carriers that<br />

have either received a Denial of Application or, where it is publicly known that an AT&T Premises is<br />

out of space, have submitted a Letter of Intent to collocate in that AT&T Premises. AT&T will notify<br />

each telecommunications carrier on the waiting list that can be accommodated by the amount of<br />

CCCS 258 of 370

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