Optical Telecommunications, Inc.

Version: 2Q05 Standard ICA
07/06/05
Attachment 4-Central Office
Page 23
or space that is configured differently, no application fee will apply. If OTI
decides to accept the available space, OTI must resubmit its application to reflect
the actual space available, including the configuration of the space, prior to
submitting a BFFO. When OTI resubmits its application to accept the available
space, BellSouth will bill OTI the appropriate application fee.
6.5 Denial of Application. If BellSouth notifies OTI that no space is available (Denial
of Application), BellSouth will not assess an application fee to OTI. After
notifying OTI that BellSouth has no available space in the requested BellSouth
Premises, BellSouth will allow OTI, upon request, to tour the entire BellSouth
Premises within ten (10) days of such Denial of Application. In order to schedule
this tour, BellSouth must receive the request for the tour of the BellSouth
Premises within five (5) days of the Denial of Application.
6.6 Petition for Waiver. Upon Denial of Application, BellSouth will timely file a
petition with the appropriate Commission pursuant to 47 U.S.C. § 251(c)(6).
BellSouth shall provide to the Commission any information requested by that
Commission. Such information shall include which space, if any, BellSouth or any
of BellSouth’s affiliates have reserved for future use and a detailed description of
the specific future uses for which the space has been reserved. Subject to an
appropriate nondisclosure agreement or provision, BellSouth shall permit OTI to
inspect any floor plans or diagrams that BellSouth provides to the Commission.
6.7 Waiting List
6.7.1 In Florida, on a first-come, first-serve basis, which is governed by the date of
receipt of an application or Letter of Intent, BellSouth will maintain a waiting list
of requesting telecommunications carriers that have either received a Denial of
Application or, where it is publicly known that a BellSouth Premises is out of
space, have submitted a Letter of Intent to collocate in that BellSouth Premises.
Sixty (60) days prior to space becoming available, if known, BellSouth will notify
the Commission and the telecommunications carriers on the waiting list by mail
when space will become available. If BellSouth does not know sixty (60) days in
advance of when space will become available, BellSouth will notify the
Commission and the telecommunications carriers on the waiting list within two (2)
business days of the determination that space will become available. A
telecommunications carrier that, upon denial of physical Collocation Space,
requests virtual Collocation Space shall automatically be placed on the waiting list
for physical Collocation Space that may become available in the future.
6.7.2 When physical Collocation Space becomes available, OTI must submit an updated,
complete, and accurate application to BellSouth within thirty (30) days of
notification by BellSouth that physical Collocation Space will be available in the
requested BellSouth Premises previously out of space. If OTI has originally
requested caged Collocation Space and cageless Collocation Space becomes
available, OTI may refuse such space and notify BellSouth in writing, within the
CCCS 154 of 261