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Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA<br />

07/06/05<br />

Attachment 4-Central Office<br />

Page 14<br />

4.5.3 OTI shall continue the payment of all monthly recurring charges to BellSouth until<br />

the date OTI, and if applicable OTI’s Guest(s), has fully vacated the Collocation<br />

Space and the Space Relinquishment Form has been accepted by BellSouth. If<br />

OTI or OTI’s Guest(s) fails to vacate the Collocation Space within thirty (30) days<br />

from the Termination Date, BellSouth shall have the right to remove and dispose<br />

of the equipment and any other property of OTI or OTI’s Guest(s), in any manner<br />

that BellSouth deems fit, at OTI’s expense and with no liability whatsoever for<br />

OTI’s property or OTI’s Guest(s)’s property.<br />

4.5.4 Upon termination of OTI’s right to occupy specific Collocation Space, the<br />

Collocation Space will revert back to BellSouth’s central office space inventory.<br />

OTI shall surrender the Collocation Space to BellSouth in the same condition as<br />

when it was first occupied by OTI, with the exception of ordinary wear and tear,<br />

unless otherwise agreed to by the Parties. OTI’s BellSouth Certified Supplier shall<br />

be responsible for updating and making any necessary changes to BellSouth’s<br />

records as required by BellSouth specifications including, but not limited to,<br />

BellSouth’s Central Office Record Drawings and ERMA Records. OTI shall be<br />

responsible for the cost of removing any OTI constructed enclosure, as well as any<br />

supporting structures (e.g., racking, conduits, power cables, etc.), by the<br />

Termination Date and restoring the grounds to their original condition.<br />

5. Use of Collocation Space<br />

5.1 Equipment Type<br />

5.1.1 BellSouth shall permit the collocation and use of any equipment necessary for<br />

interconnection to BellSouth’s network and/or access to BellSouth’s unbundled<br />

network elements in the provision of telecommunications services, as the term<br />

"necessary" is defined by 47 C.F.R. § 51.323 (b). The primary purpose and<br />

function of any equipment collocated in a BellSouth Premises must be for<br />

interconnection to BellSouth’s network or access to BellSouth’s unbundled<br />

network elements in the provision of telecommunications services. Equipment is<br />

necessary for interconnection if an inability to deploy that equipment would, as a<br />

practical, economical, or operational matter, preclude the requesting carrier from<br />

obtaining interconnection with BellSouth at a level equal in quality to that which<br />

BellSouth obtains within its own network or what BellSouth provides to any<br />

affiliate, subsidiary, or other party.<br />

5.1.2 Examples of equipment that would not be considered necessary include, but are<br />

not limited to: traditional circuit switching equipment, equipment used exclusively<br />

for call-related databases, computer servers used exclusively for providing<br />

information services, OSS equipment used to support collocated<br />

telecommunications carrier network operations, equipment that generates<br />

customer orders, manages trouble tickets or inventory, or stores customer records<br />

in centralized databases, etc. BellSouth will determine upon receipt of an<br />

application if the requested equipment is necessary based on the criteria established<br />

CCCS 145 of 261

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