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

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1. Scope of Attachment<br />

Version 2Q03: 07/21/03<br />

BELLSOUTH<br />

REMOTE SITE PHYSICAL COLLOCATION<br />

Attachment 4 - Remote Site<br />

Page 2<br />

1.1 Scope of Attachment. The rates, terms, and conditions contained within this<br />

Attachment shall only apply when <strong>TC</strong> SYSTEMS is occupying the collocation space<br />

as a sole occupant or as a Host within a Remote Site Location (“Remote Collocation<br />

Space”) pursuant to this Attachment.<br />

1.2 Right to occupy. Bell<strong>South</strong> shall offer to <strong>TC</strong> SYSTEMS Remote Collocation Space<br />

on rates, terms, and conditions that are just, reasonable, non-discriminatory and<br />

consistent with the rules of the Federal Communications Commission (“FCC”). If<br />

Bell<strong>South</strong> provides collocation to other telecommunication carriers, or to a Bell<strong>South</strong><br />

Affiliate, Bell<strong>South</strong> will provide the same collocation to <strong>TC</strong> SYSTEMS at rates, terms<br />

and conditions no less favorable to <strong>TC</strong> SYSTEMS than those provided by Bell<strong>South</strong><br />

to other telecommunications carriers, or to a Bell<strong>South</strong> Affiliate. Subject to the rates,<br />

terms, and conditions of this Attachment, where space is available and collocation is<br />

technically feasible, Bell<strong>South</strong> will allow <strong>TC</strong> SYSTEMS to occupy that certain area<br />

designated by Bell<strong>South</strong> within a Bell<strong>South</strong> Remote Site Location, or on Bell<strong>South</strong><br />

property upon which the Bell<strong>South</strong> Remote Site Location is located, of a size, which is<br />

specified by <strong>TC</strong> SYSTEMS and agreed to by Bell<strong>South</strong>. Bell<strong>South</strong> Remote Site<br />

Locations include cabinets, huts, and controlled environmental vaults owned or leased<br />

by Bell<strong>South</strong> that house Bell<strong>South</strong> Network Facilities. To the extent this Attachment<br />

does not include all the necessary rates, terms and conditions for Bell<strong>South</strong> Remote<br />

Site Locations other than cabinets, huts and controlled environmental vaults, the<br />

Parties will negotiate said rates, terms, and conditions upon request for collocation at<br />

Bell<strong>South</strong> Remote Site Locations other than those specified above.<br />

1.3 Space Reservation.<br />

1.3.1 The number of racks/bays specified by <strong>TC</strong> SYSTEMS may contemplate a request for<br />

space sufficient to accommodate <strong>TC</strong> SYSTEMS’s growth within a two-year period.<br />

1.3.2 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 above.<br />

1.4 Third Party Property. If the Premises, or the property on which it is located, is leased<br />

by Bell<strong>South</strong> from a Third Party or otherwise controlled by a Third Party, special<br />

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

Attachment. Additionally, where Bell<strong>South</strong> notifies <strong>TC</strong> SYSTEMS that Bell<strong>South</strong>’s<br />

CCCS 274 of 433

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