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

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

Attachment 4-Central Office<br />

Page 8<br />

SYSTEMS’s Guest(s) in the Collocation Space, except to the extent caused by<br />

Bell<strong>South</strong>’s sole negligence, gross negligence, or willful misconduct.<br />

3.4 Transfer of Collocation Space<br />

3.4.1 Transfer of Collocation Space. <strong>TC</strong> SYSTEMS shall be allowed to transfer collocation<br />

space to or from another CLEC under the following conditions: (1) the central office<br />

is not at or near space exhaustion; (2) the transfer of space shall be contingent upon<br />

Bell<strong>South</strong>’s approval, who will not unreasonably withhold permission; (3) there are no<br />

unpaid, undisputed collocation balances 4 between Bell<strong>South</strong> and the transferring<br />

CLEC; and (4) the transfer of the collocation space is in conjunction with <strong>TC</strong><br />

SYSTEMS’s sale or purchase of all, or substantially all, of the in-place collocation<br />

equipment to the same CLEC.<br />

3.4.2 When <strong>TC</strong> SYSTEMS is transferring collocation space to another CLEC, <strong>TC</strong><br />

SYSTEMS’s responsibilities shall include: (1) submitting a letter of authorization to<br />

Bell<strong>South</strong> for the transfer; (2) entering into a transfer agreement with Bell<strong>South</strong> and<br />

the acquiring CLEC; and (3) returning all access devices to Bell<strong>South</strong>.<br />

3.4.3 When the transfer of collocation space is to <strong>TC</strong> SYSTEMS from another CLEC, <strong>TC</strong><br />

SYSTEMS’s responsibilities shall include: (1) submitting an application to Bell<strong>South</strong><br />

for transfer of the collocation arrangement; (2) satisfying all requirements of its<br />

interconnection agreement with Bell<strong>South</strong>; (3) submitting a letter to Bell<strong>South</strong> for the<br />

assumption of services; and (4) entering into a transfer agreement with Bell<strong>South</strong> and<br />

the transferring CLEC. It is the responsibility of Bell<strong>South</strong> to ensure that the above<br />

responsibilities are completely satisfied and the transfer of space is done as quickly as<br />

possible.<br />

3.5 Adjacent Collocation. Subject to technical feasibility and space availability, Bell<strong>South</strong><br />

will permit an adjacent collocation arrangement (Adjacent Arrangement) on Bell<strong>South</strong><br />

Premises’ property only when space within the requested Bell<strong>South</strong> Premises is<br />

legitimately exhausted and subject only to reasonable safety and maintenance<br />

requirements. An Adjacent Arrangement shall be procured by <strong>TC</strong> SYSTEMS or<br />

constructed by <strong>TC</strong> SYSTEMS’s Bell<strong>South</strong> Certified Supplier and must be in<br />

conformance with Bell<strong>South</strong>’s design and construction Specifications. Further, <strong>TC</strong><br />

SYSTEMS shall construct, procure, maintain and operate said Adjacent<br />

Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this<br />

Attachment.<br />

If <strong>TC</strong> SYSTEMS requests Adjacent Collocation, pursuant to the conditions stated in<br />

3.4 above, <strong>TC</strong> SYSTEMS must arrange with a Bell<strong>South</strong> Certified Supplier to<br />

construct the Adjacent Arrangement structure in accordance with Bell<strong>South</strong>’s<br />

1.1<br />

4Any disputed bills are governed by interconnection agreements and contracts which already exist<br />

between the parties.<br />

CCCS 234 of 433

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