Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA 07/06/05 Attachment 4 - Remote Site Page 28 inspection if OTI adds equipment and may otherwise conduct routine inspections at reasonable intervals mutually agreed upon by the Parties. BellSouth shall provide OTI with a minimum of forty-eight (48) hours or two (2) business days, whichever is greater, advance notice of all such inspections. All costs of such inspections shall be borne by BellSouth. 12. Security and Safety Requirements 12.1 Unless otherwise specified, OTI will be required, at its own expense, to conduct a statewide investigation of criminal history records for each OTI employee hired in the past five (5) years being considered for work on a BellSouth Remote Site Location, for the states/counties where the OTI employee has worked and lived for the past five (5) years. Where state law does not permit statewide collection or reporting, an investigation of the applicable counties is acceptable. OTI shall not be required to perform this investigation if an affiliated company of OTI has performed an investigation of the OTI employee seeking access, if such investigation meets the criteria set forth above. This requirement will not apply if OTI has performed a pre-employment statewide investigation of criminal history records of the OTI employee for the states/counties where the OTI employee has worked and lived for the past five (5) years or, where state law does not permit a statewide investigation, an investigation of the applicable counties. 12.2 OTI will be required to administer to its personnel assigned to the BellSouth Premises security training either provided by BellSouth, or meeting criteria defined by BellSouth at BellSouth’s Interconnection Web site: www.interconnection.bellsouth.com/guides. 12.3 OTI shall provide its employees and agents with picture identification, which must be worn, and visible at all times while in OTI’s Remote Collocation Space or other areas in or around the Remote Site Location. The photo identification card shall bear, at a minimum, the employee’s name and photo, and OTI’s name. BellSouth reserves the right to remove from its Remote Site Location any employee of OTI not possessing identification issued by OTI or who have violated any of BellSouth’s policies as outlined in the CLEC Security Training documents. OTI shall hold BellSouth harmless for any damages resulting from such removal of OTI’s personnel from BellSouth Remote Site Location. OTI shall be solely responsible for ensuring that any Guest(s) of OTI is in compliance with all subsections of this Section. 12.4 OTI shall not assign to the BellSouth Remote Site Location any personnel with records of felony criminal convictions. OTI shall not assign to the BellSouth Remote Site Location any personnel with records of misdemeanor convictions, except for misdemeanor traffic violations, without advising BellSouth of the nature and gravity of the offense(s). BellSouth reserves the right to refuse access to any of OTI’s personnel who have been identified to have misdemeanor criminal convictions. Notwithstanding the foregoing, in the event OTI chooses not to CCCS 208 of 261
Version: 2Q05 Standard ICA 07/06/05 Attachment 4 - Remote Site Page 29 advise BellSouth of the nature and gravity of any misdemeanor conviction, OTI may, in the alternative, certify to BellSouth that it shall not assign to the BellSouth Remote Site Location any personnel with records of misdemeanor convictions (other than misdemeanor traffic violations). 12.4.1 OTI shall not knowingly assign to the BellSouth Remote Site Location any individual who was a former employee of BellSouth and whose employment with BellSouth was terminated for a criminal offense whether or not BellSouth sought prosecution of the individual for the criminal offense. 12.4.2 OTI shall not knowingly assign to the BellSouth Remote Site Location any individual who was a former supplier of BellSouth and whose access to a BellSouth Remote Site Location was revoked due to the commission of a criminal offense, whether or not BellSouth sought prosecution of the individual for the criminal offense. 12.5 For each OTI employee or agent hired by OTI within five (5) years prior to being considered for work on the BellSouth Premises or BellSouth’s Remote Site Locations, who requires access to a BellSouth Remote Site Location to perform work in OTI’s Remote Collocation Space(s), OTI shall furnish BellSouth, a certification that the aforementioned background check and security training were completed. This certification must be provided to and approved by BellSouth before an employee or agent will be granted such access to a BellSouth Premises. The certification will contain a statement that no felony convictions were found and certifying that the employee completed the security training. If the employee’s criminal history includes misdemeanor convictions, OTI will disclose the nature of the convictions to BellSouth at that time. In the alternative, OTI may certify to BellSouth that it shall not assign to the BellSouth Remote Site Location any personnel with records of misdemeanor convictions, other than misdemeanor traffic violations. 12.5.1 For all other OTI employees requiring access to a BellSouth Remote Site Location pursuant to this Attachment, OTI shall furnish BellSouth, prior to an employee gaining such access, a certification that the employee is not subject to the requirements of Section 12.5 above and that security training was completed by the employee. 12.6 At BellSouth’s request, OTI shall promptly remove from the BellSouth Remote Site Location any employee of OTI that BellSouth does not wish to grant access to a Remote Site Location: (1) pursuant to any investigation conducted by BellSouth, or (2) prior to the initiation of an investigation if an employee of OTI is found interfering with the property or personnel of BellSouth or another collocated telecommunications carrier, provided that an investigation shall be promptly commenced by BellSouth. CCCS 209 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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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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and 4-wire UVL) (Designed) Unbundle
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UNBUNDLED NETWORK ELEMENTS-Florida
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9.2 The rates, terms and conditions
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11.3.3.3 Signaling Network Manageme
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LOCAL INTERCONNECTION - Florida CAT
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3.3 Shared Caged Collocation Versio
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4. Occupancy Version: 2Q05 Standard
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