Optical Telecommunications, Inc.
Optical Telecommunications, Inc.
Optical Telecommunications, Inc.
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Version: 2Q05 Standard ICA<br />
07/06/05<br />
Attachment 4-Central Office<br />
Page 5<br />
when one hundred percent (100%) of the Collocation Space in OTI’s collocation<br />
arrangement is not being utilized.<br />
1.5.3 Within twenty (20) days of receipt of written notification from BellSouth, OTI<br />
shall either: (1) return the non-utilized Collocation Space to BellSouth, in which<br />
case OTI shall be relieved of all obligations for charges associated with that<br />
portion of the Collocation Space applicable from the date the Collocation Space is<br />
returned to BellSouth; or (2) provide BellSouth with information demonstrating<br />
that the Collocation Space will be utilized within eighteen (18) months from the<br />
date OTI accepted the Collocation Space (Acceptance Date) from BellSouth.<br />
1.5.4 Disputes concerning BellSouth’s claim of central office space exhaust, or near<br />
exhaust, or OTI’s refusal to return requested Collocation Space should be resolved<br />
by BellSouth and OTI pursuant to the dispute resolution language in Section 8 of<br />
General Terms and Conditions.<br />
1.6 Use of Space. OTI shall use the Collocation Space for the purpose of installing,<br />
maintaining and operating OTI’s equipment (which may include testing and<br />
monitoring equipment) necessary for interconnection with BellSouth’s<br />
services/facilities or for accessing BellSouth’s unbundled network elements for the<br />
provision of telecommunications services, as specifically set forth in this<br />
Agreement. The Collocation Space assigned to OTI may not be used for any<br />
purposes other than as specifically described herein or in any amendment hereto.<br />
1.7 Rates and Charges. OTI agrees to pay the rates and charges identified in Exhibit<br />
B.<br />
1.8 Due Dates. If any due date contained in this Attachment falls on a weekend or a<br />
national holiday, then the due date will be the next business day thereafter. For<br />
intervals of ten (10) days or less, national holidays will be excluded. For purposes<br />
of this Attachment, national holidays include the following: New Year’s Day,<br />
Martin Luther King, Jr. Day, President’s Day (Washington’s Birthday), Memorial<br />
Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving<br />
Day, and Christmas Day.<br />
1.9 Compliance. Subject to Section 24 of General Terms and Conditions, the Parties<br />
agree to comply with all applicable federal, state, county, local and administrative<br />
laws, rules, ordinances, regulations and codes in the performance of their<br />
obligations hereunder.<br />
2. Optional Space Availability Report<br />
2.1 Upon request from OTI and at OTI’s expense, BellSouth will provide a written<br />
report (Space Availability Report) describing in detail the space that is currently<br />
available for collocation at a particular BellSouth Premises. This report will<br />
include the amount of Collocation Space available at the BellSouth Premises<br />
CCCS 136 of 261
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