Optical Telecommunications, Inc.

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