Optical Telecommunications, Inc.

Version: 2Q05 Standard ICA
07/06/05
Attachment 4-Central Office
Page 28
to physical Collocation Space conversions (in-place) within sixty (60) days from
receipt of the BFFO. BellSouth will bill OTI an Administrative Only Application
Fee, as set forth in Exhibit B, on the date BellSouth provides an Application
Response to OTI.
7.10 Cancellation. In Florida, if OTI cancels its order for Collocation Space at any time
prior to the Space Ready Date, no cancellation fee shall be assessed by BellSouth;
however, OTI will be responsible for reimbursing BellSouth for any costs
specifically incurred by BellSouth on behalf of OTI up to the date that the written
notice of cancellation was received by BellSouth.
7.11 Licenses. OTI, at its own expense, will be solely responsible for obtaining from
governmental authorities, and any other appropriate agency, entity, or person, all
rights, privileges, permits, licenses, and certificates necessary or required to
operate as a provider of telecommunications services to the public or to build-out,
equip and/or occupy Collocation Space in a BellSouth Premises.
7.12 Environmental Compliance. The Parties agree to utilize and adhere to the
Environmental Hazard Guidelines identified in Exhibit A.
8. Rates and Charges
8.1 Rates. OTI agrees to pay the rates and charges identified in Exhibit B.
8.2 Application Fees. BellSouth shall assess any nonrecurring application fees within
thirty (30) days of the date that BellSouth provides an Application Response to
OTI or on OTI’s next scheduled monthly billing statement.
8.3 Recurring Charges. If OTI has met the applicable fifteen (15) day acceptance
walkthrough interval specified in Section 4.2 above, billing for recurring charges
will begin upon the Space Acceptance Date. In the event OTI fails to complete an
acceptance walk through within the applicable fifteen (15) day interval, billing for
recurring charges will commence on the Space Ready Date. If OTI occupies the
space prior to the Space Ready Date, the date OTI occupies the space is deemed
the Space Acceptance Date and billing for recurring charges will begin on that
date. The billing for all applicable monthly recurring charges will begin in OTI ‘s
next billing cycle and will include any prorated charges for the period from OTI’s
Space Acceptance Date or Space Ready Date, whichever is appropriate pursuant
to Section 4.2 above, to the date the bill is issued by BellSouth.
8.3.1 Unless otherwise stated in Section 8.6 below, monthly recurring charges for -48V
DC power will be assessed per fused amp, per month, based upon the total number
of fused amps of power capacity requested by OTI on OTI’s Initial Collocation
Application and all Subsequent Collocation Applications, which may either
increase or decrease the originally requested, and any subsequently augmented,
CCCS 159 of 261