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TC Systems, Inc. South Carolina - AT&T Clec Online

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1. Scope of Attachment<br />

BELLSOUTH<br />

PHYSICAL AND VIRTUAL COLLOCATION<br />

Attachment 4-Central Office<br />

Page 2<br />

1.1 The rates, terms, and conditions contained within this Attachment shall only apply<br />

when <strong>TC</strong> SYSTEMS is physically collocated as a sole occupant or as a Host within a<br />

Bell<strong>South</strong> Premises (as hereinafter defined) location pursuant to this Attachment.<br />

Bell<strong>South</strong> Premises include Bell<strong>South</strong> Central Offices and Serving Wire Centers; all<br />

buildings or similar structures owned, or leased, or otherwise controlled by Bell<strong>South</strong><br />

that house its network facilities, and all land owned, leased, or otherwise controlled by<br />

Bell<strong>South</strong> that is adjacent to these central offices, wire centers, buildings and<br />

structures (hereinafter “Bell<strong>South</strong> Premises”). This Attachment is applicable to<br />

Bell<strong>South</strong> Premises owned or leased by Bell<strong>South</strong>. However, if the Bell<strong>South</strong><br />

Premises occupied by Bell<strong>South</strong> is leased by Bell<strong>South</strong> from a third party, special<br />

considerations and intervals may apply in addition to the terms and conditions<br />

contained in this Attachment.<br />

1.2 Right to Occupy. Bell<strong>South</strong> shall offer to <strong>TC</strong> SYSTEMS collocation on rates, terms,<br />

and conditions that are just, reasonable, non-discriminatory and consistent with the<br />

rules of the FCC. If Bell<strong>South</strong> provides collocation to other telecommunications<br />

carriers, or to a Bell<strong>South</strong> Affiliate, Bell<strong>South</strong> will provide the same collocation to <strong>TC</strong><br />

SYSTEMS at rates, terms and conditions no less favorable to <strong>TC</strong> SYSTEMS than<br />

those provided by Bell<strong>South</strong> to other telecommunications carriers, or to a Bell<strong>South</strong><br />

Affiliate. Subject to the rates, terms and conditions of this Attachment, where space is<br />

available and it is technically feasible, Bell<strong>South</strong> will allow <strong>TC</strong> SYSTEMS to occupy a<br />

certain area designated by Bell<strong>South</strong> within a Bell<strong>South</strong> Premises, or on Bell<strong>South</strong><br />

property upon which the Bell<strong>South</strong> Premises is located, of a size which is specified by<br />

<strong>TC</strong> SYSTEMS and agreed to by Bell<strong>South</strong> (hereinafter “Collocation Space”). The<br />

necessary rates, terms and conditions for h premises as defined by the FCC, other than<br />

Bell<strong>South</strong> Premises, shall be negotiated upon reasonable request for collocation at<br />

such premises.<br />

1.2.1 Neither Bell<strong>South</strong> nor any of Bell<strong>South</strong>’s affiliates may reserve space for future use on<br />

more preferential terms than those set forth in this Attachment.<br />

1.2.1.1 The size specified by <strong>TC</strong> SYSTEMS may contemplate a request for space sufficient to<br />

accommodate <strong>TC</strong> SYSTEMS’s growth within a twenty-four (24) month period.<br />

1.3 Space Allocation. Bell<strong>South</strong> shall attempt to accommodate <strong>TC</strong> SYSTEMS's<br />

requested space preferences, if any. In allocating Collocation Space, Bell<strong>South</strong> shall<br />

not materially increase <strong>TC</strong> SYSTEMS's cost or materially delay <strong>TC</strong> SYSTEMS's<br />

occupation and use of the Collocation Space, assign Collocation Space that will impair<br />

the quality of service or otherwise limit the service <strong>TC</strong> SYSTEMS wishes to offer,<br />

reduce unreasonably the total space available for physical collocation or preclude<br />

Version 2Q03: 07/21/03-<strong>TC</strong> SYSTEMS AL<br />

CCCS 228 of 433

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