FIBER OPTIC TELECOMMUNICATIONS NETWORKS LIT FIBER SERVICES AGREEMENTS

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FIBER OPTIC
TELECOMMUNICATIONS
NETWORKS: LIT
FIBER SERVICES
AGREEMENTS
By James F. Booth
>>>>>>>>>>>
ALSO INSIDE:
• Fiber Optic
Telecommunications
Networks: Construction
Contracts
• Fiber Optic
Telecommunications
Networks: Fiber Use
Agreements
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2012/Approx. 300 pp.
Softcover
ISBN 978-1-61746-167-5
Order #2167/$295.00
NEW!
FIBER OPTIC
TELECOMMUNICATIONS
NETWORKS: LIT FIBER
SERVICES AGREEMENTS
By James F. Booth
A STEP-BY-STEP GUIDE TO CREATING LIT
FIBER SERVICES AGREEMENTS between a
provider of telecommunications services and
its customers
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Lit fiber services are the very pulse of today’s telecommunications industry, making
possible “speed of light” data delivery and communications transactions over fiber optic
lines. Whether the client business provides wholesale internet access for customer
applications such as email, file sharing, web hosting, data backup, video, VOIP, or
standard telecommunications options, the necessary bandwidth for these operations first
must be contracted for under a lit fiber services agreement.
Fiber Optic Telecommunications Networks: Lit Fiber Services Agreements provides
numerous tools for providers and customers to negotiate contracts that protect their
interests most effectively. It offers step-by-step guidance through the process of drafting
a strong and enforceable lit fiber services agreement by clearly explaining the use and
purpose of the three major components of these agreements:
> > Master Services Agreement, which contains general contract terms that are
intended to apply to all services offered by the vendor
> > Service Description, which is a more detailed and technical explanation of a service
that is offered by the vendor
> > Service Order Form, which sets out all of the commercial terms that are specific to
a particular transaction and then integrates the terms into the service description,
contract terms, and conditions clause
The book also examines a collection of clauses and contract forms that are secondary
to the three major elements of a services agreement but can, nonetheless, be critical
elements in a variety of circumstances. Topics these clauses and contracts pertain
to include: portability; on-net, near-net, and off-net services; most favored treatment;
minimum purchase obligation; preferred provider status; acceptable use policy; termination
agreement; third-party vendor; intellectual property; bilateral carrier services agreement;
reseller agreement; independent referral agreement; and bandwidth trading.
In his discussion of the agreements and contract elements, the author provides several
alternate examples of the sample language so that the reader can select the clause that
is most appropriate for a particular situation. The author’s discussion helps the reader to
master all the major elements of these agreements between a provider and its customer
and comprehensively deal with the most important contract elements pertaining to high
speed, low latency telecommunications services. The book comes with a CD-ROM that
contains all the clauses, phrases, and sample forms, allowing copying and pasting for easy
customization of a lit fiber services agreement.
The internet has presented telecommunications carriers and other service providers with
unprecedented opportunities for growth, empowering customers to demand services more
specifically tailored to their varied needs. Fiber Optic Telecommunications Networks: Lit
Fiber Services Agreements explores these opportunities by providing the tools needed
to effectively negotiate and draft complex telecommunications agreements.
> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >
ABOUT THE AUTHOR
James F. Booth, Lakewood, CO, has provided consulting services to telecommunications
carriers and enterprise companies that manage their own telecommunications networks
for more than 25 years. Since June of 2009, he has also served as General Counsel
of Spread Networks, LLC, the industry leader in the construction and operation of low
latency high speed networks.

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“The book provides precise and direct explanations for various concepts and clauses that
must be present in network agreements, as well as the clauses themselves. What makes
the book most notable and invaluable is that it provides alternative clauses and language
for proposed clauses, and covers with depth all the various elements that are required to
make a successful telecommunications network service agreement. With this manual for
Lit Fiber Services Agreements, counsel will have the best tool to create and negotiate for
their clients telecommunications network service agreements.”
—Robert M. Brill, Esq., Law Offices of Robert M. Brill, LLC, New York, NY
—————————————————————————————————————————————————————————————
FIBER OPTIC TELECOMMUNICATIONS NETWORKS:
LIT FIBER SERVICES AGREEMENTS
Preliminary Summary of Contents
Part 1. Master Services Agreements
Chapter 1. The Term
Chapter 2. Testing and Acceptance of a Service
Chapter 3. Billing, Payment, and Billing Disputes
Chapter 4. Early Termination Charges
Chapter 5. Limitation of Liability
Chapter 6. Late Delivery
Chapter 7. System Maintenance
Chapter 8. Default
Part 2. Service Descriptions and Service Level
Agreements
Chapter 9. Optical Wavelength Service
Chapter 10. Service Interruptions
Chapter 11. Chronic Outage
Chapter 12. Low Latency Optical Wavelength Service
Chapter 13. Diversity
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2006/PDF on CD-ROM
ISBN 978-0-93727-532-0
Order #2367/$297.00
Part 3. Service Order Forms
Chapter 14. Service Order Forms
Part 4. Other Forms and Clauses
Chapter 15. Portability
Chapter 16. On-net, Near-net, and Off-net
Services
Chapter 17. Most Favored Treatment
Chapter 18. Minimum Purchase Obligation
Chapter 19. Preferred Provider
Chapter 20. Acceptable Use Policy
Chapter 21. Termination Agreement
Chapter 22. Third-Party Vendor
Chapter 23. Intellectual Property
Chapter 24. Bilateral Carrier Services Agreement
Chapter 25. Reseller Agreement
Chapter 26. Independent Referral Agreement
Chapter 27. Bandwidth Trading
Visit www.bna.com/bnabooks/fot3 for more detailed information.
FIBER OPTIC
TELECOMMUNICATIONS
NETWORKS: FIBER USE
AGREEMENTS
By James F. Booth
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Fiber optic telecommunications networks are no longer the
exclusive province of the major telecommunications carriers.
Incumbent telephone companies, competitive telecommunications
carriers, utilities, and municipalities have all contributed
to the proliferation of fiber optic networks in recent years, while private users of
telecommunications services, “enterprise customers,” have simultaneously developed
their own private fiber optic networks to serve their unique needs.
Fiber Optic Telecommunications Networks: Fiber Use Agreements, available
exclusively through Bloomberg BNA in PDF format on CD-ROM, enables attorneys
and communications professionals—those that have networks to offer and those that
need fiber capacity for the long or short term—to understand fiber optic communications
network agreements, as well as related agreements and to negotiate and draft common
clauses for these agreements.
The CD-ROM’s commentary and model clauses provide theoretical and practical
insights into all aspects of the optical fiber environment: the principal classes of fiber
agreements, offer and acceptance of fiber, maintenance of the fibers, sale of goods and
lease of service approaches to fiber contracts, term and payment options, risk allocation,
building access, assignment, collocation, insurance, dispute resolution, termination,
representations and warranties, and rights of way.
The chapters of the book follow the pattern of a typical dark fiber agreement and
related agreements.
Visit www.bna.com/bnabooks/fofa for more detailed information.

FIBER OPTIC TELECOMMUNICATIONS NETWORKS:
FIBER USE AGREEMENTS
Summary Table of Contents
Introduction
Part 1: Dark Fiber Agreements
Chapter 1. Grants
Chapter 2. Consideration
Chapter 3. Construction
Chapter 4. Acceptance
Chapter 5. Documentation
Chapter 6. Term
Chapter 7. Network Access
Chapter 8. Maintenance and Repair
of the Grantor System
Chapter 9. Rights of Way,
Relocations, and Governmental
Authorizations
Chapter 10. Use of the User Fibers
Chapter 11. Limitation of Liability
Chapter 12. Insurance
Chapter 13. Taxes, Fees, and Other
Governmental Impositions
Chapter 14. Notices
Chapter 15. Confidentiality
Chapter 16. Default
Chapter 17. Termination
Chapter 18. Force Majeure
Chapter 19. Dispute Resolution
Chapter 20. Assignments
Chapter 21. Representations and
Warranties
Chapter 22. General Provisions;
Glossary
Part 2. Dark Fiber Lease
Agreements
Introduction
Chapter 1. Dark Fiber Lease
Agreement
Chapter 2. Short Form of Dark Fiber
Lease Agreement
Part 1. Construction Contract –
Short Form
Chapter 1. Construction Contract –
Short Form
Chapter 2. Construction Contract –
Alternate Short Form
Chapter 3. Work Order – Short Form
Chapter 4. Work Order Contract
Chapter 5. Work Order – Railroad
Right of Way
Part 2. Construction Contract –
Long Form – Outside Plant
Chapter 1. Construction Contract –
Long Form – Outside Plant
Chapter 2. Exhibit A – Scope of
Work
Chapter 3. Exhibit A – Fiber
Installation Specifications
Chapter 4. Exhibit A – Railroad Right
of Way
Chapter 5. Exhibit B – Unit Pricing
Chapter 6. Exhibit B – Unit Pricing
for Boring
Chapter 7. Exhibit B – Unit Pricing
for Trenching and Boring
Chapter 8. Exhibit B – Unit Pricing
by Segment Length
Chapter 9. Exhibit C – General
Terms and Conditions
Chapter 10. Exhibit D – Work Order
Chapter 11. Master Agreement
Chapter 12. Contractor Form
Part 3. Exhibits
Chapter 1. Exhibit A, The System
Route
Chapter 2. Exhibit B, Construction
Specifications
Chapter 3. Exhibit C, Fiber Splicing
Specifications
Chapter 4. Exhibit D, Fiber
Specifications
Chapter 5. Exhibit E, Facility
Locations
Chapter 6. Exhibit F, Facility
Locations
Chapter 7. Exhibit G, Maintenance
Specifications
Chapter 8. Exhibit H, Collocation
Agreement
Part 4. Collocation
Introduction
Chapter 1. Collocation Agreement —
Multipurpose
Chapter 2. Collocation Agreement —
Dark Fiber
Chapter 3. Collocation Agreement –
Data Center
Chapter 4. Remote Hands
Part 5. Building Access
Introduction
Chapter 1. Building Access
Agreement – Carrier Form
Chapter 2. Building Access
Agreement – Landlord Form
Chapter 3. Building Access
Agreement – Revenue Sharing
Chapter 4. Tenant’s Right to
Telecom Services
Chapter 5. Leases of Space for
Network Facilities
Chapter 13. Cost-Plus and
Guaranteed Maximum Price
Chapter 14. Specifications for
Engineering and Construction
Part 3. Construction Contract –
Long Form – Inside Plant
Chapter 1. Inside Plant – Long Form
Construction Contract
Chapter 2. Inside Plant – Long Form
Exhibit A – Scope of Work
Chapter 3. Inside Plant – Long Form
Exhibit B – Compensation
Chapter 4. Inside Plant – Long
Form Exhibit C – General Terms and
Conditions
Part 4. Joint Build Agreements
Chapter 1. Master Joint Build
Agreement
Chapter 2. Scope of Work
Chapter 3. Scope of Work –
Multiple Segments
Chapter 4. Joint Occupancy
Agreement
Chapter 5. Master Network
Development Agreement
Part 5. Relocation Agreements
Chapter 1. Carrier Relocation
Agreement
Chapter 2. Government Required
Relocations. Form 1 – Government
Relocation Agreement
Chapter 6. Building Riser
Agreements
Chapter 7. Central Distribution
Systems
Part 6. Rights of Way
Chapter 1. Easements
Chapter 2. Public Rights of Way
Chapter 3. Railroad Rights of Way
Part 7. Other Forms and Clauses
Chapter 1. Master IRU Agreement
Chapter 2. Reciprocal Dark Fiber
Lease Agreement
Chapter 3. Option to Acquire Dark
Fibers
Chapter 4. Shared Manholes and
Handholes
Chapter 5. Joint Build Agreement,
Relocation Agreement
Chapter 6. Service Order Form for
Dark Fiber
Chapter 7. As-Built Drawings
Chapter 8. Diversity
Chapter 9. Portability
Chapter 10. Interference
Chapter 11. Assignment and
Assumption Agreement
Chapter 12. Purchase and Sale of
Conduit
Chapter 13. Conduit Lease
Agreement
Chapter 14. Dark Fiber Sale
Agreement
Chapter 15. Cross-Connection
Agreement
Chapter 16. Maintenance
Agreement
Chapter 17. Restrictions on the Use
of Fibers
> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >
FIBER OPTIC TELECOMMUNICATIONS NETWORKS:
CONSTRUCTION CONTRACTS (DESCRIPTION NEXT PAGE)
Summary Table of Contents
Chapter 3. Government Required
Relocations. Form 2 – State
Department of Transportation
Agreement
Part 6. Service Agreements
Chapter 1. Engineering Services
Chapter 2. Right of Way Services,
Form 1
Chapter 3. Right of Way Services,
Form 2
Chapter 4. Right of Way Services
Exhibit A – Individual Assignments
Chapter 5. Agreement for As-Built
Drawings
Chapter 6. Emergency Restoration
and Repair
Chapter 7. On-Call Services
Part 7. Other Forms and Clauses
Chapter 1. Application for Payment
Chapter 2. Lien Waivers
Chapter 3. Change Orders
Chapter 4. Subcontracts
Chapter 5. Conduit and Pole
Attachment Agreement
Chapter 6. Field Office Lease
Chapter 7. Environmental, Health,
and Safety Program
Chapter 8. Invitation to Bid
Chapter 9. Standby Time

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FIBER OPTIC
TELECOMMUNICATIONS
NETWORKS: CONSTRUCTION
CONTRACTS
By James F. Booth
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Fiber Optic Telecommunications Networks: Construction
Contracts is available exclusively through Bloomberg BNA in
PDF format on CD-ROM. This resource assists owners and
contractors in preparing clear and viable contracts for the
construction of elements of telecommunications systems. The author discusses the
important elements of a construction contract from both the owner’s and contractor’s
perspective, and offers alternate clauses to suit the varying needs of individual owners
and contractors.
The CD-ROM covers both “inside plant” components (i.e., parts of a network that are
constructed within a building) and “outside plant” components (i.e., those that are
constructed out-of-doors). The key elements of fiber optic construction agreements—
from achieving clarity in describing the work to be performed to providing fairness and
security in the termination clause—are covered in clear, easy-to-adapt text and incisive
explanatory comments. Alternate clauses differentiated by bold and italic type are
provided to cover the individual circumstances facing the contracting parties.
Visit www.bna.com/bnabooks/focc for more detailed information.

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