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Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA<br />

07/06/05<br />

Attachment 4 - Remote Site<br />

Page 4<br />

costs incurred by BellSouth in obtaining such rights for OTI. In cases where a<br />

Third Party agreement does not grant BellSouth the right to provide access and<br />

use rights to others as contemplated by this Attachment and BellSouth, despite its<br />

best efforts, is unable to secure such access and use rights for OTI as above, OTI<br />

shall be responsible for obtaining such permission to access and use such property.<br />

BellSouth shall cooperate with OTI in obtaining such permission.<br />

1.5 Space Reclamation. In the event of space exhaust within a Remote Site Location,<br />

BellSouth may include in its documentation for the Petition for Waiver filing any<br />

unutilized space in the Remote Site Location. OTI will be responsible for any<br />

justification of unutilized space within its Remote Collocation Space, if the<br />

Commission requires such justification.<br />

1.6 Use of Space. OTI shall use the Remote Collocation Space for the purposes of<br />

installing, maintaining and operating OTI’s equipment (which may include testing<br />

and monitoring equipment) necessary for interconnection with BellSouth services<br />

and facilities or for accessing BellSouth UNEs in accordance with the Act, FCC<br />

and Commission rules. The Remote Collocation Space may be used for no other<br />

purposes except as specifically described herein or in any amendment hereto.<br />

1.7 Due Dates. If any due date contained in this Attachment falls on a weekend or<br />

National holiday, then the due date will be the next business day thereafter. For<br />

intervals of ten (10) days or less National holidays will be excluded. For purposes<br />

of this Attachment, national holidays include the following: New Year’s Day,<br />

Martin Luther King, Jr. Day, President’s Day (Washington’s Birthday), Memorial<br />

Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving<br />

Day, and Christmas Day.<br />

1.8 Compliance. Subject to Section 24 of General Terms and Conditions, the Parties<br />

agree to comply with all applicable federal, state, county, local and administrative<br />

laws, rules, ordinances, regulations and codes in the performance of their<br />

obligations hereunder.<br />

2. Space Availability Optional Report<br />

2.1 Space Availability Optional Report<br />

2.1.1 Upon request from OTI, BellSouth will provide a written report (Space<br />

Availability Report), describing in detail the space that is available for collocation<br />

and specifying the amount of Remote Collocation Space available at the Remote<br />

Site Location requested, the number of collocators present at the Remote Site<br />

Location, any modifications in the use of the space since the last report on the<br />

Remote Site Location requested and the measures BellSouth is taking to make<br />

additional space available for collocation arrangements. A Space Availability<br />

Report does not reserve space at the Remote Site Location.<br />

CCCS 184 of 261

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