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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 26<br />

6.5 At a minimum, Bell<strong>South</strong>’s space assignment policies and practices must meet the<br />

following principles: Bell<strong>South</strong>’s space assignment policies and practices must not<br />

materially increase <strong>TC</strong> SYSTEMS’s collocation costs; must not materially delay <strong>TC</strong><br />

SYSTEMS’s occupation and use of Bell<strong>South</strong>’s Premises; must not assign physical<br />

collocation space that will impair the quality of service or impose other limitations on<br />

the service <strong>TC</strong> SYSTEMS wishes to offer; and must not reduce unreasonably the total<br />

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

within Bell<strong>South</strong>’s Premises.<br />

6.6 Space Availability Notification.<br />

6.6.1 Bell<strong>South</strong> will respond to an application within ten (10) calendar days as to whether<br />

space is available or not available within the requested Bell<strong>South</strong> Premises. Bell<strong>South</strong><br />

will also respond as to whether the application is Bona Fide and if it is not Bona Fide,<br />

the items/revisions necessary to cause the application to become Bona Fide. If the<br />

amount of space requested is not available, Bell<strong>South</strong> will notify <strong>TC</strong> SYSTEMS of the<br />

amount of space that is available and no application fee will apply. If no or inadequate<br />

physical space is available, Bell<strong>South</strong> will inform <strong>TC</strong> SYSTEMS whether there is<br />

virtual collocation space available. If there is no physical or virtual collocation space<br />

available, Bell<strong>South</strong> will inform <strong>TC</strong> SYSTEMS, upon request, whether adjacent<br />

collocation space is available. Given the complexity of issues associated with adjacent<br />

collocation, the parties will negotiate a reasonable time for Bell<strong>South</strong> to respond<br />

regarding adjacent collocation. When Bell<strong>South</strong>’s response includes an amount of<br />

space less than that requested by <strong>TC</strong> SYSTEMS or space that is configured<br />

differently, no application fee will apply. If <strong>TC</strong> SYSTEMS decides to accept the<br />

available space, <strong>TC</strong> SYSTEMS must resubmit its application to reflect the actual<br />

space available, including the configuration of the space, prior to submitting a BFFO.<br />

When <strong>TC</strong> SYSTEMS resubmits its application to accept the available space, Bell<strong>South</strong><br />

will bill <strong>TC</strong> SYSTEMS the appropriate application fee.<br />

6.6.2 Denial of Application. If Bell<strong>South</strong> notifies <strong>TC</strong> SYSTEMS that no space is available<br />

(Denial of Application), Bell<strong>South</strong> will not assess an application fee to <strong>TC</strong> SYSTEMS.<br />

After notifying <strong>TC</strong> SYSTEMS that there is no available space in the requested<br />

Bell<strong>South</strong> Premises, Bell<strong>South</strong> will allow <strong>TC</strong> SYSTEMS, upon request, to tour the<br />

entire Bell<strong>South</strong> Premises within ten (10) calendar days of such Denial of Application.<br />

In order to schedule this tour within ten (10) calendar days, Bell<strong>South</strong> must receive<br />

the request for a tour of the Bell<strong>South</strong> Premises within five (5) calendar days of the<br />

Denial of the Application. Notwithstanding the foregoing, the Parties may agree to<br />

conduct a tour within thirty (30) calendar days of the Denial of Application.<br />

6.7 Filing of Petition for Waiver. Upon Denial of Application, Bell<strong>South</strong> will timely file a<br />

petition with the appropriate Commission pursuant to 47 U.S.C. § 251(c)(6).<br />

Bell<strong>South</strong> shall provide to the Commission any information requested by that<br />

Commission. Such information shall include which space, if any, Bell<strong>South</strong> or any of<br />

Bell<strong>South</strong>’s affiliates have reserved for future use and a detailed description of the<br />

CCCS 252 of 433

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