Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA 07/06/05 Attachment 4-Central Office Page 19 requiring access to a BellSouth Premises at least thirty (30) days prior to the date OTI desires to gain access to the Collocation Space. In order to permit reasonable access during construction of the Collocation Space, OTI may submit a request for its one (1) free accompanied site visit to its designated Collocation Space at any time subsequent to BellSouth’s receipt of the BFFO. In the event OTI desires access to its designated Collocation Space after the first accompanied free visit and OTI’s access request form(s) has not been approved by BellSouth or OTI has not yet submitted an access request form to BellSouth, OTI shall be permitted to access the Collocation Space accompanied by a BellSouth security escort, at OTI’s expense, which will be assessed pursuant to the Security Escort fees contained in Exhibit B. OTI must request that escorted access be provided by BellSouth to OTI’s designated Collocation Space at least three (3) business days prior to the date such access is desired. A BellSouth security escort will be required whenever OTI or its approved agent or supplier requires access to the entrance manhole. 5.13 Lost or Stolen Access Devices. OTI shall immediately notify BellSouth in writing when any of its Access Devices have been lost or stolen. If it becomes necessary for BellSouth to re-key buildings or deactivate an Access Device as a result of a lost or stolen Access Device(s) or for failure of OTI’s employees, suppliers, agents or Guest(s) to return an Access Device(s), OTI shall pay for the costs of re-keying the building or deactivating the Access Device(s). 5.14 Interference or Impairment 5.14.1 Notwithstanding any other provisions of this Attachment, OTI shall not use any product or service provided under this Agreement, any other service related thereto or used in combination therewith, or place or use any equipment or facilities in any manner that: (1) significantly degrades, interferes with or impairs service provided by BellSouth or any other entity or any person’s use of its telecommunications services; (2) endangers or damages the equipment, facilities or any other property of BellSouth or any other entity or person; (3) compromises the privacy of any communications routed through the BellSouth Premises; or (4) creates an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of OTI violates the provisions of this Section, BellSouth shall provide written notice to OTI, which shall direct OTI to cure the violation within forty-eight (48) hours of OTI’s receipt of written notice or, if such cure is not feasible, at a minimum, to commence curative measures within twenty-four (24) hours and exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the Parties agree to consult immediately and, if necessary, to conduct an inspection of the Collocation Space. 5.14.2 Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if OTI fails to cure the violation within forty-eight (48) hours or, if such cure is not possible, to commence curative action within twenty-four (24) hours CCCS 150 of 261
Version: 2Q05 Standard ICA 07/06/05 Attachment 4-Central Office Page 20 and exercise reasonable diligence to complete such action as soon as possible, or if the violation is of a character that poses an immediate and substantial threat of damage to property or injury or death to any person, or any other significant degradation, interference or impairment of BellSouth’s or another entity’s service, then and only in that event, BellSouth may take such action as it deems necessary to eliminate such threat including, without limitation, the interruption of electrical power to OTI’s equipment and/or facilities. BellSouth will endeavor, but is not required, to provide notice to OTI prior to the taking of such action and BellSouth shall have no liability to OTI for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. 5.14.3 For purposes of this Section, the term “significantly degrades” shall be defined as an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and OTI fails to cure the violation within forty-eight (48) hours, or if such cure is not possible, to commence curative action within twenty-four (24) hours and exercise reasonable diligence to complete such action as soon as possible, BellSouth will establish before the appropriate Commission that the technology deployed is causing the significant degradation. Any claims of network harm presented to OTI or, if subsequently necessary, the Commission must be provided by BellSouth with specific and verifiable information. When BellSouth demonstrates that a certain technology deployed by OTI is significantly degrading the performance of other advanced services or traditional voice band services, OTI shall discontinue deployment of that technology and migrate its customers to other technologies that will not significantly degrade the performance of such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment, pursuant to 47 C.F.R. §51.230, the degraded service shall not prevail against the newly-deployed technology. 5.15 Personalty and Its Removal. Facilities and equipment placed by OTI in the Collocation Space shall not become a part of the Collocation Space, even if nailed, screwed or otherwise fastened to the Collocation Space, but shall retain their status as personal property and may be removed by OTI at any time. Any damage caused to the Collocation Space by OTI’s employees, suppliers, agents, or Guests during the installation or removal of such property shall be promptly repaired by OTI at its sole expense. If OTI decides to remove equipment and/or facilities from its Collocation Space and the removal requires no physical work be performed by BellSouth and OTI’s physical work includes, but is not limited to, power reduction, cross-connects, or tie pairs, BellSouth will bill OTI the Administrative Only Application Fee associated with the type of removal activity performed by OTI, as set forth in Exhibit B. This nonrecurring fee will be billed on the date that BellSouth provides an Application Response to OTI. CCCS 151 of 261
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BELL BELLSOUTH BELL BELL BELL Optic
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General Terms and Conditions Versio
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Version: 2Q05 Standard ICA 07/06/05
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19 Notices Version: 2Q05 Standard I
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CCCS 23 of 261
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Attachment 1 Page 16 Exhibit B modu
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RESALE DISCOUNTS & RATES - Florida
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Version: 2Q05 Standard ICA - New 07
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and 4-wire UVL) (Designed) Unbundle
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3.5 Maintenance - Line Splitting -
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UNBUNDLED NETWORK ELEMENTS-Florida
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Page 99 and 100: UNBUNDLED NETWORK ELEMENTS - Florid
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9.2 OTI shall maintain the followin
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ENVIRONMENTAL CATEGORIES Disposal o
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CMDS - Florida CATEGORY RATE ELEMEN
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CONTENTS Version: 2Q05 Standard ICA
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3.1 SITE CONTROL Version: 2Q05 Stan
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5.3 COMBINED OUTAGE (CLEC AND BELLS
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BONA FIDE REQUEST AND NEW BUSINESS
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