Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement (Adjacent Arrangement) on BellSouth Premises’ property only when space within the requested BellSouth Premises is legitimately exhausted and where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ property. An Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated shall construct, procure, maintain and operate said Adjacent Arrangement pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. 3.4.2 If ACCESS Integrated requests Adjacent Collocation, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated must arrange with a BellSouth Certified Supplier to construct or procure the Adjacent Arrangement structure in accordance with BellSouth’s specifications. BellSouth will provide the appropriate specifications upon request. Where local building codes require specifications more stringent than BellSouth’s own specifications, ACCESS Integrated and ACCESS Integrated’s BellSouth Certified Supplier shall comply with the more stringent local building code requirements. ACCESS Integrated’s BellSouth Certified Supplier shall be responsible for filing and obtaining any and all necessary zoning, permits and/or licenses for such construction. ACCESS Integrated’s BellSouth Certified Supplier shall ▇▇▇▇ ACCESS Integrated directly for all work performed for ACCESS Integrated to comply with this Attachment. BellSouth shall have no liability for, nor responsibility to pay, such charges imposed by ACCESS Integrated’s BellSouth Certified Supplier. ACCESS Integrated must provide the local BellSouth Central Office Building Contact with two (2) cards, keys or other access devices used to gain entry into the locked enclosure. Except in the case of an emergency, BellSouth will not access ACCESS Integrated’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required. 3.4.3 ACCESS Integrated must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places its Firm Order. BellSouth shall review ACCESS Integrated’s plans and specifications prior to the construction of an Adjacent Arrangement to ensure ACCESS Integrated’s compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the plans and specifications from ACCESS Integrated for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement during and after construction is completed to ensure that it is constructed according to ACCESS Integrated’s submitted plans and specifications. If BellSouth decides to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct any structure that does not meet its submitted plans and specifications or BellSouth’s specifications, as applicable. 3.4.4 ACCESS Integrated shall provide a concrete pad, the structure housing the Adjacent Arrangement, HVAC, lighting, and all of the facilities that are required to connect the structure (i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS Integrated’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation services and facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS Integrated’s BellSouth Certified Supplier shall be responsible, at ACCESS Integrated’s sole expense, for filing the required documentation to obtain any and all necessary permits and/or licenses for an Adjacent Arrangement. BellSouth shall allow Shared Caged Collocation within an Adjacent Arrangement, pursuant to the terms and conditions set forth in Section 3.3 above.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ Premises property. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier DSLi and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated DSLi shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.4.1 Should DSLi elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated DSLi must arrange with a BellSouth Certified Supplier to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated DSLi and ACCESS IntegratedDSLi’s BellSouth Certified Supplier shall must comply with the more stringent local building code requirements. ACCESS IntegratedDSLi’s BellSouth Certified Supplier shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedDSLi’s BellSouth Certified Supplier shall ▇▇▇▇ ACCESS Integrated DSLi directly for all work performed for ACCESS Integrated DSLi pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS IntegratedDSLi’s BellSouth Certified Supplier. ACCESS Integrated DSLi must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedDSLi’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredDSLi.
3.4.3 ACCESS Integrated 3.4.2 DSLi must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall review ACCESS IntegratedDSLi’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) calendar days after receipt of the plans and specifications from ACCESS Integrated for the Adjacent Arrangementspecifications. BellSouth may will have the right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides shall require DSLi to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection remove or correct within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. Within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integratedat DSLi’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.4.3 DSLi shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedDSLi’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, Version 3Q01: 10/22/01 facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site sites where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedDSLi’s BellSouth Certified Supplier shall be responsible, at ACCESS IntegratedDSLi’s sole expense, for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangementsuch arrangement. BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 aboveherein.
Appears in 2 contracts
Sources: Clec Agreement, Clec Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ Premises property. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier ALEC Inc., and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated ALEC Inc., shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.3.1 Should ALEC Inc., pursuant to the conditions stated in Section 3.4 aboveelect such option, ACCESS Integrated ALEC Inc., must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated ALEC Inc., and ACCESS IntegratedALEC Inc.,’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedALEC Inc.,’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedALEC Inc.,’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated bill ALEC Inc., directly for all work performed for ACCESS Integrated ALEC Inc., pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s BellSouth Certified Supplier▇▇▇▇ ▇▇▇.,’sCertified Contractor. ACCESS Integrated ALEC Inc., must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedALEC Inc.,’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredALEC Inc.,.
3.4.3 ACCESS Integrated 3.3.2 ALEC Inc., must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall may elect to review ACCESS IntegratedALEC Inc.,’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the calendar days. If BellSouth reviews ALEC Inc.,’s plans and specifications from ACCESS Integrated for prior to construction, then BellSouth will have the Adjacent Arrangement. BellSouth may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to BellSouth’s guidelines and specifications. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall may require ACCESS Integrated, at ACCESS Integrated’s expenseALEC Inc., to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.3.3 ALEC Inc., shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedALEC Inc.,’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS IntegratedALEC Inc.,’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS Integrated’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS IntegratedALEC Inc.,’s sole expense, for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.3.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 aboveherein.
Appears in 2 contracts
Sources: Bellsouth® / Clec Agreement, Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ Premises property. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier ALEC Inc., and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated ALEC Inc., shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.3.1 Should ALEC Inc., pursuant to the conditions stated in Section 3.4 aboveelect such option, ACCESS Integrated ALEC Inc., must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated ALEC Inc., and ACCESS IntegratedALEC Inc.,’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedALEC Inc.,’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedALEC Inc.,’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated ▇▇▇▇ Inc., directly for all work performed for ACCESS Integrated ALEC Inc., pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s BellSouth Certified SupplierALEC Inc.,’sCertified Contractor. ACCESS Integrated ALEC Inc., must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedALEC Inc.,’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredALEC Inc.,.
3.4.3 ACCESS Integrated 3.3.2 ALEC Inc., must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall may elect to review ACCESS IntegratedALEC Inc.,’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the calendar days. If BellSouth reviews ALEC Inc.,’s plans and specifications from ACCESS Integrated for prior to construction, then BellSouth will have the Adjacent Arrangement. BellSouth may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to BellSouth’s guidelines and specifications. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall may require ACCESS Integrated, at ACCESS Integrated’s expenseALEC Inc., to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.3.3 ALEC Inc., shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedALEC Inc.,’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS IntegratedALEC Inc.,’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS Integrated’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS IntegratedALEC Inc.,’s sole expense, for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.3.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 aboveherein.
Appears in 2 contracts
Sources: Interconnection Agreement, Bellsouth® / Clec Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyPremises property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier KMC Telecom and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated KMC Telecom shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.5.1 Should KMC Telecom elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated KMC Telecom must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated KMC Telecom and ACCESS IntegratedKMC Telecom’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedKMC Telecom’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedKMC Telecom’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated KMC Telecom directly for all work performed for ACCESS Integrated KMC Telecom pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s the BellSouth Certified SupplierContractor. ACCESS Integrated KMC Telecom must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedKMC Telecom’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredKMC Telecom.
3.4.3 ACCESS Integrated 3.5.2 KMC Telecom must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall may elect to review ACCESS IntegratedKMC Telecom’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the calendar days. If BellSouth reviews KMC Telecom’s plans and specifications from ACCESS Integrated for prior to construction, then BellSouth will have the Adjacent Arrangement. BellSouth may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides elects not to review KMC Telecom’s plans and specifications prior to construction, KMC Telecom will be entitled to request BellSouth to review; and in the event KMC Telecom does not request a BellSouth review, BellSouth shall have the right to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to BellSouth’s guidelines and specifications. Within BellSouth may require KMC Telecom to remove or correct within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integratedat KMC Telecom’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.5.3 KMC Telecom shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedKMC Telecom’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedKMC Telecom’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS Integrated’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 above3.4 preceding.
Appears in 1 contract
Sources: Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth ▇▇▇▇▇▇▇▇▇ will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyPremises property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier WinStar and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated WinStar shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this AttachmentExhibit. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.5.1 Should WinStar elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated WinStar must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated WinStar and ACCESS IntegratedWinStar’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedWinStar’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedWinStar’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated bill WinStar directly for all work performed for ACCESS Integrated WinStar pursuant to comply with this Attachment. Exhibit and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s the BellSouth Certified SupplierContractor. ACCESS Integrated WinStar must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedWinStar’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredWinStar.
3.4.3 ACCESS Integrated 3.5.2 WinStar must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall may elect to review ACCESS IntegratedWinStar’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the calendar days. If BellSouth reviews WinStar’s plans and specifications from ACCESS Integrated for prior to construction, then BellSouth will have the Adjacent Arrangement. BellSouth may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides elects not to review WinStar’s plans and specifications prior to construction, WinStar will be entitled to request BellSouth to review; and in the event WinStar does not request a BellSouth review, BellSouth shall have the right to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to BellSouth’s guidelines and specifications. Within BellSouth may require WinStar to remove or correct within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integratedat WinStar’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.5.3 WinStar shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedWinStar’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedWinStar’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS Integrated’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 above3.4 preceding.
Appears in 1 contract
Sources: Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement (Adjacent Arrangement) on BellSouth Premises’ property only when space within the requested BellSouth Premises is legitimately exhausted and where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ property. An Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier Teleconex and must be in conformance with the provisions of BellSouth’s design and construction specificationsSpecifications. Further, ACCESS Integrated Teleconex shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment.
3.4.2 3.4.1 If ACCESS Integrated Teleconex requests Adjacent Collocation, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated Teleconex must arrange with a BellSouth Certified Supplier to construct or procure the Adjacent Arrangement structure in accordance with BellSouth’s specificationsSpecifications. BellSouth will provide the appropriate specifications Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsSpecifications, ACCESS Integrated Teleconex and ACCESS IntegratedTeleconex’s BellSouth Certified Supplier shall must comply with the more stringent local building code requirements. ACCESS IntegratedTeleconex’s BellSouth Certified Supplier shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedTeleconex’s BellSouth Certified Supplier shall ▇▇▇▇ ACCESS Integrated bill Teleconex directly for all work performed for ACCESS Integrated Teleconex pursuant to comply with this Attachment. BellSouth shall have no liability for, nor responsibility to pay, such charges imposed by ACCESS IntegratedTeleconex’s BellSouth Certified Supplier. ACCESS Integrated Teleconex must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices used to gain entry into the locked enclosure. Except in the case Version 1Q03: 02/28/03 of an emergency, BellSouth will not access ACCESS IntegratedTeleconex’s locked enclosure prior to notifying ACCESS Integrated Teleconex at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required.
3.4.3 ACCESS Integrated 3.4.2 Teleconex must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places its Firm Order. BellSouth shall review ACCESS IntegratedTeleconex’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS IntegratedTeleconex’s compliance with BellSouth’s specificationsSpecifications. BellSouth shall complete its review within fifteen (15) calendar days after receipt of the plans and specifications from ACCESS Integrated Teleconex for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement during and after construction is completed to ensure that it is constructed according to ACCESS IntegratedTeleconex’s submitted plans and specifications. If BellSouth decides to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) calendar days after receipt of ACCESS Integrated’s written notification that of completion of the Adjacent Arrangement has been completedenclosure from Teleconex. Within BellSouth shall require Teleconex to remove or correct within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS IntegratedTeleconex’s expense, to remove or correct any structure that does not meet its submitted plans and specifications or BellSouth’s specificationsSpecifications, as if applicable.
3.4.4 ACCESS Integrated 3.4.3 Teleconex shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (HVAC), lighting, and all of the facilities that are required to connect the structure (i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedTeleconex’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site sites where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs FCC subject to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangementpricing. ACCESS IntegratedTeleconex’s BellSouth Certified Supplier shall be responsible, at ACCESS IntegratedTeleconex’s sole expense, for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. BellSouth shall allow Shared Caged Collocation within an Adjacent Arrangement, pursuant to the terms and conditions set forth in Section 3.3 above.
Appears in 1 contract
Sources: Clec Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyPremises property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier LCT and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated LCT shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.5.1 Should LCT elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated LCT must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated LCT and ACCESS IntegratedLCT’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedLCT’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedLCT’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated LCT directly for all work performed for ACCESS Integrated LCT pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s the BellSouth Certified SupplierContractor. ACCESS Integrated LCT must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedLCT’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredLCT.
3.4.3 ACCESS Integrated 3.5.2 LCT must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall may elect to review ACCESS IntegratedLCT’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the calendar days. If BellSouth reviews LCT’s plans and specifications from ACCESS Integrated for prior to construction, then BellSouth will have the Adjacent Arrangement. BellSouth may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides elects not to review LCT’s plans and specifications prior to construction, LCT will be entitled to request BellSouth to review; and in the event LCT does not request a BellSouth review, BellSouth shall have the right to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to BellSouth’s guidelines and specifications. Within BellSouth may require LCT to remove or correct within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integratedat LCT’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.5.3 LCT shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedLCT’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedLCT’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS Integrated’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 above3.4 preceding.
Appears in 1 contract
Sources: Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyPremises property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier ▇▇▇▇▇▇▇▇.▇▇▇ and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated ▇▇▇▇▇▇▇▇.▇▇▇ shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.5.1 Should ▇▇▇▇▇▇▇▇.▇▇▇ elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated ▇▇▇▇▇▇▇▇.▇▇▇ must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated ▇▇▇▇▇▇▇▇.▇▇▇ and ACCESS Integrated▇▇▇▇▇▇▇▇.▇▇▇’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS Integrated▇▇▇▇▇▇▇▇.▇▇▇’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS Integrated▇▇▇▇▇▇▇▇.▇▇▇’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated ▇▇▇▇▇▇▇▇.▇▇▇ directly for all work performed for ACCESS Integrated ▇▇▇▇▇▇▇▇.▇▇▇ pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s the BellSouth Certified SupplierContractor. ACCESS Integrated ▇▇▇▇▇▇▇▇.▇▇▇ must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS Integrated▇▇▇▇▇▇▇▇.▇▇▇’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required▇▇▇▇▇▇▇▇.
3.4.3 ACCESS Integrated must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places its Firm Order. BellSouth shall review ACCESS Integrated’s plans and specifications prior to the construction of an Adjacent Arrangement to ensure ACCESS Integrated’s compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the plans and specifications from ACCESS Integrated for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement during and after construction is completed to ensure that it is constructed according to ACCESS Integrated’s submitted plans and specifications. If BellSouth decides to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct any structure that does not meet its submitted plans and specifications or BellSouth’s specifications, as applicable▇▇▇.
3.4.4 ACCESS Integrated shall provide a concrete pad, the structure housing the Adjacent Arrangement, HVAC, lighting, and all of the facilities that are required to connect the structure (i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS Integrated’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation services and facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS Integrated’s BellSouth Certified Supplier shall be responsible, at ACCESS Integrated’s sole expense, for filing the required documentation to obtain any and all necessary permits and/or licenses for an Adjacent Arrangement. BellSouth shall allow Shared Caged Collocation within an Adjacent Arrangement, pursuant to the terms and conditions set forth in Section 3.3 above.
Appears in 1 contract
Sources: Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an provide adjacent collocation arrangement arrangements ("Adjacent Arrangement") on BellSouth Premises’ property only when where space within the requested BellSouth Premises Central Office is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier ITC/\DeltaCom and must be in conformance with the provisions of BellSouth’s 's design and construction specifications. Further, ACCESS Integrated ITC/\DeltaCom shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this AttachmentAgreement. Rates shall be negotiated at the time of the request for Adjacent Collocation.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.4.1 Should ITC/\DeltaCom elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated ITC/\DeltaCom must arrange with a BellSouth Certified Supplier certified contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s 's guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specifications's standard specification, ACCESS Integrated ITC/\DeltaCom and ACCESS Integrated’s BellSouth Certified Supplier shall ITC/\DeltaCom's contractor must comply with the more stringent local building code requirements. ACCESS Integrated’s BellSouth Certified Supplier ITC/\DeltaCom's contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS Integrated’s ITC/\DeltaCom's BellSouth Certified Supplier Vendor shall ▇▇▇▇ ACCESS Integrated ITC/\DeltaCom directly for all work performed for ACCESS Integrated ITC/\DeltaCom pursuant to comply with this Attachment. Agreement and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s BellSouth the Certified SupplierVendor. ACCESS Integrated must provide the local BellSouth Central Office Building Contact with two (2) cards, keys or other access devices used to gain entry into the locked enclosure. Except in the case of an emergency, BellSouth will not access ACCESS Integrated’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required.
3.4.3 ACCESS Integrated must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places its Firm Order. BellSouth shall review ACCESS Integrated’s plans and specifications prior to the construction of an Adjacent Arrangement to ensure ACCESS Integrated’s compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the plans and specifications from ACCESS Integrated for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement during and after construction is completed to ensure that it is constructed according to ACCESS Integrated’s submitted plans and specifications. If BellSouth decides to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct any structure that does not meet its submitted plans and specifications or BellSouth’s specifications, as applicable.
3.4.4 ACCESS Integrated shall provide a concrete pad, the structure housing the Adjacent Arrangement, HVAC, lighting, and all of the facilities that are required to connect the structure (i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS Integrated’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation services and facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS Integrated’s BellSouth Certified Supplier shall be responsible, at ACCESS Integrated’s sole expense, for filing the required documentation to obtain any and all necessary permits and/or licenses for an Adjacent Arrangement. BellSouth shall allow Shared Caged Collocation within an Adjacent Arrangement, pursuant to the terms and conditions set forth in Section 3.3 above.Florida
Appears in 1 contract
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyPremises property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier BBOC and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated BBOC shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.5.1 Should BBOC elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated BBOC must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated BBOC and ACCESS IntegratedBBOC’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedBBOC’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedBBOC’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated bill BBOC directly for all work performed for ACCESS Integrated BBOC pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s the BellSouth Certified SupplierContractor. ACCESS Integrated BBOC must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedBBOC’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredBBOC.
3.4.3 ACCESS Integrated 3.5.2 BBOC must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall may elect to review ACCESS IntegratedBBOC’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the calendar days. If BellSouth reviews BBOC’s plans and specifications from ACCESS Integrated for prior to construction, then BellSouth will have the Adjacent Arrangement. BellSouth may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides elects not to review BBOC’s plans and specifications prior to construction, BBOC will be entitled to request BellSouth to review; and in the event BBOC does not request a BellSouth review, BellSouth shall have the right to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to BellSouth’s guidelines and specifications. Within BellSouth may require BBOC to remove or correct within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integratedat BBOC’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.5.3 BBOC shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedBBOC’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedBBOC’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS Integrated’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 above3.4 preceding.
Appears in 1 contract
Sources: Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an provide adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth Premises’ property only when where space within the requested BellSouth Premises Central Office is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier Network Telephone and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated Network Telephone shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.4.1 Should Network Telephone elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated Network Telephone must arrange with a BellSouth Certified Supplier certified contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated Network Telephone and ACCESS IntegratedNetwork Telephone’s BellSouth Certified Supplier shall contractor must comply with the more stringent local building code requirements. ACCESS IntegratedNetwork Telephone’s BellSouth Certified Supplier contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedNetwork Telephone’s BellSouth Certified Supplier Vendor shall ▇▇▇▇ ACCESS Integrated bill Network Telephone directly for all work performed for ACCESS Integrated Network Telephone pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s BellSouth the Certified SupplierVendor. ACCESS Integrated Network Telephone must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedNetwork Telephone’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredNetwork Telephone.
3.4.3 ACCESS Integrated must submit its Adjacent Arrangement construction plans and specifications 3.4.2 BellSouth maintains the right to BellSouth when it places its Firm Order. BellSouth shall review ACCESS IntegratedNetwork Telephone’s plans and specifications prior to the construction of an Adjacent Arrangement to ensure ACCESS Integrated’s compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the plans and specifications from ACCESS Integrated for the Adjacent ArrangementArrangement(s). BellSouth may inspect the Adjacent Arrangement during Arrangement(s) following construction and after construction is completed prior to commencement, as defined in Section 4.1 following, to ensure that it is constructed according to ACCESS Integratedthe design and construction comply with BellSouth’s submitted plans guidelines and specifications. If BellSouth decides may require Network Telephone, at Network Telephone’s sole cost, to inspect correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen five (155) business days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct any structure that does not meet its submitted plans and specifications or BellSouth’s specificationsinspection, as applicableunless the Parties mutually agree to an alternative time frame.
3.4.4 ACCESS Integrated 3.4.3 Network Telephone shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, HVAC, lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At ACCESS IntegratedNetwork Telephone’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS Integrated’s BellSouth Certified Supplier shall be responsible, at ACCESS Integrated’s sole expense, for filing the required documentation to obtain any and all necessary permits and/or licenses for an Adjacent Arrangement. .
3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 aboveproceeding.
Appears in 1 contract
Sources: Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ Premises property. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier DSLi and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated DSLi shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.4.1 Should DSLi elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated DSLi must arrange with a BellSouth Certified Supplier to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated DSLi and ACCESS IntegratedDSLi’s BellSouth Certified Supplier shall must comply with the more stringent local building code requirements. ACCESS IntegratedDSLi’s BellSouth Certified Supplier shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedDSLi’s BellSouth Certified Supplier shall ▇▇▇▇ ACCESS Integrated bill DSLi directly for all work performed for ACCESS Integrated DSLi pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS IntegratedDSLi’s BellSouth Certified Supplier. ACCESS Integrated DSLi must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedDSLi’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredDSLi.
3.4.3 ACCESS Integrated 3.4.2 DSLi must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall review ACCESS IntegratedDSLi’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) calendar days after receipt of the plans and specifications from ACCESS Integrated for the Adjacent Arrangementspecifications. BellSouth may will have the right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides shall require DSLi to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection remove or correct within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. Within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integratedat DSLi’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.4.3 DSLi shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedDSLi’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, Version 3Q01: 10/22/01 facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site sites where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedDSLi’s BellSouth Certified Supplier shall be responsible, at ACCESS IntegratedDSLi’s sole expense, for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangementsuch arrangement. BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 aboveherein.
Appears in 1 contract
Sources: Clec Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or demonstrably planned structures or facilities on the BellSouth Premises’ propertyPremises property and where permitted by zoning and other applicable federal, state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier Powertel and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated Powertel shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this AttachmentAgreement. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.5.1 Should Powertel elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated Powertel must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s reasonable safety and maintenance guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated Powertel and ACCESS IntegratedPowertel’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedPowertel’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedPowertel’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated bill Powertel directly for all work performed for ACCESS Integrated Powertel pursuant to comply with this Attachment. Agreement and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s the BellSouth Certified SupplierContractor. ACCESS Integrated Powertel must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedPowertel’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredPowertel.
3.4.3 ACCESS Integrated 3.5.2 Powertel must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall may elect to review ACCESS IntegratedPowertel’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the calendar days. If BellSouth reviews Powertel’s plans and specifications from ACCESS Integrated for prior to construction, then BellSouth will have the Adjacent Arrangement. BellSouth may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides elects not to review Powertel’s plans and specifications prior to construction, Powertel will be entitled to request BellSouth to review; and in the event Powertel does not request a BellSouth review, BellSouth shall have the right to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to BellSouth’s guidelines and specifications. Within BellSouth may require Powertel to remove or correct within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integratedat Powertel’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.5.3 Powertel shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedPowertel’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedPowertel’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS Integrated’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 above3.4 preceding.
Appears in 1 contract
Sources: Master Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyPremises property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier NOS Communications, Inc. and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated NOS Communications, Inc. shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.5.1 Should NOS Communications, pursuant to the conditions stated in Section 3.4 aboveInc. elect such option, ACCESS Integrated NOS Communications, Inc. must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated NOS Communications, Inc. and ACCESS IntegratedNOS Communications, Inc.’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedNOS Communications, Inc.’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedNOS Communications, Inc.’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated bill NOS Communications, Inc. directly for all work performed for ACCESS Integrated NOS Communications, Inc. pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s the BellSouth Certified SupplierContractor. ACCESS Integrated NOS Communications, Inc. must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedNOS Communications, Inc.’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business daysNOS Communications, whichever is greaterInc..
3.5.2 NOS Communications, before access to the Collocation Space is required.
3.4.3 ACCESS Integrated Inc. must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall may elect to review ACCESS IntegratedNOS Communications, Inc.’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the calendar days. If BellSouth reviews NOS Communications, Inc.’s plans and specifications from ACCESS Integrated for prior to construction, then BellSouth will have the Adjacent Arrangement. BellSouth may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides elects not to review NOS Communications, Inc.’s plans and specifications prior to construction, NOS Communications, Inc. will be entitled to request BellSouth to review; and in the event NOS Communications, Inc. does not request a BellSouth review, BellSouth shall have the right to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to BellSouth’s guidelines and specifications. Within BellSouth may require NOS Communications, Inc. to remove or correct within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integratedat NOS Communications, Inc.’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications
3.5.3 NOS Communications, as applicable.
3.4.4 ACCESS Integrated Inc. shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedNOS Communications, Inc.’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and LouisianaNOS Communications, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedInc.’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS Integrated’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 above3.4 preceding.
Appears in 1 contract
Sources: Telecommunications
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an provide adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth Premises’ property only when where space within the requested BellSouth Premises Central Office is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier CTSI and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated CTSI shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.4.1 Should CTSI elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated CTSI must arrange with a BellSouth Certified Supplier certified contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated CTSI and ACCESS IntegratedCTSI’s BellSouth Certified Supplier shall contractor must comply with the more stringent local building code requirements. ACCESS IntegratedCTSI’s BellSouth Certified Supplier contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedCTSI’s BellSouth Certified Supplier Vendor shall ▇▇▇▇ ACCESS Integrated CTSI directly for all work performed for ACCESS Integrated CTSI pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s BellSouth the Certified SupplierVendor. ACCESS Integrated CTSI must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedCTSI’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredCTSI.
3.4.3 ACCESS Integrated must submit its Adjacent Arrangement construction plans and specifications 3.4.2 BellSouth maintains the right to BellSouth when it places its Firm Order. BellSouth shall review ACCESS IntegratedCTSI’s plans and specifications prior to the construction of an Adjacent Arrangement to ensure ACCESS Integrated’s compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the plans and specifications from ACCESS Integrated for the Adjacent ArrangementArrangement(s). BellSouth may inspect the Adjacent Arrangement during Arrangement(s) following construction and after construction is completed prior to commencement, as defined in Section 4.1 following, to ensure that it is constructed according to ACCESS Integratedthe design and construction comply with BellSouth’s submitted plans guidelines and specifications. If BellSouth decides may require CTSI, at CTSI’s sole cost, to inspect correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen five (155) business days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct any structure that does not meet its submitted plans and specifications or BellSouth’s specificationsinspection, as applicableunless the Parties mutually agree to an alternative time frame.
3.4.4 ACCESS Integrated 3.4.3 CTSI shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, HVAC, lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At ACCESS IntegratedCTSI’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS IntegratedCTSI’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS Integrated’s BellSouth Certified Supplier contractor shall be responsible, at ACCESS Integrated’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangment.
3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 abovepreceeding.
Appears in 1 contract
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth the Premises’ property only when where physical collocation space within the requested BellSouth Premises is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyPremises property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier BTC and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated BTC shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.5.1 Should BTC elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated BTC must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated BTC and ACCESS IntegratedBTC’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedBTC’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedBTC’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated BTC directly for all work performed for ACCESS Integrated BTC pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s the BellSouth Certified SupplierContractor. ACCESS Integrated BTC must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedBTC’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredBTC.
3.4.3 ACCESS Integrated 3.5.2 BTC must submit its Adjacent Arrangement construction plans and specifications to BellSouth when it places with its Firm Order. BellSouth shall may elect to review ACCESS IntegratedBTC’s plans and specifications prior to the construction of an Adjacent Arrangement Arrangement(s) to ensure ACCESS Integrated’s compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the calendar days. If BellSouth reviews BTC’s plans and specifications from ACCESS Integrated for prior to construction, then BellSouth will have the Adjacent Arrangement. BellSouth may right to inspect the Adjacent Arrangement during and after construction is completed to ensure that make sure it is constructed according to ACCESS Integrated’s the submitted plans and specifications. If BellSouth decides elects not to review BTC’s plans and specifications prior to construction, BTC will be entitled to request BellSouth to review; and in the event BTC does not request a BellSouth review, BellSouth shall have the right to inspect the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen (15) days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completedafter construction to make sure it is constructed according to BellSouth’s guidelines and specifications. Within BellSouth may require BTC to remove or correct within seven (7) calendar days after BellSouth has completed its inspection of ACCESS Integratedat BTC’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct expense any structure that does not meet its submitted these plans and specifications or or, where applicable, BellSouth’s guidelines and specifications, as applicable.
3.4.4 ACCESS Integrated 3.5.3 BTC shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS IntegratedBTC’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedBTC’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS Integrated’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 above3.4 preceding.
Appears in 1 contract
Sources: Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an provide adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth Premises’ property only when where space within the requested BellSouth Premises is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyPremises property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier CLEC-1 and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated CLEC-1 shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.4.1 Should CLEC-1 elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated CLEC-1 must arrange with a BellSouth Certified Supplier Contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated CLEC-1 and ACCESS IntegratedCLEC-1’s BellSouth Certified Supplier shall Contractor must comply with the more stringent local building code requirements. ACCESS IntegratedCLEC-1’s BellSouth Certified Supplier Contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS IntegratedCLEC-1’s BellSouth Certified Supplier Contractor shall ▇▇▇▇ ACCESS Integrated ▇▇▇▇-1 directly for all work performed for ACCESS Integrated CLEC-1 pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s the BellSouth Certified SupplierContractor. ACCESS Integrated CLEC-1 must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS IntegratedCLEC-1’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredCLEC-1.
3.4.3 ACCESS Integrated must submit its Adjacent Arrangement construction plans and specifications 3.4.2 BellSouth maintains the right to BellSouth when it places its Firm Order. BellSouth shall review ACCESS IntegratedCLEC-1’s plans and specifications prior to the construction of an Adjacent Arrangement to ensure ACCESS Integrated’s compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the plans and specifications from ACCESS Integrated for the Adjacent ArrangementArrangement(s). BellSouth may inspect the Adjacent Arrangement during Arrangement(s) following construction and after construction is completed prior to the Commencement Date, as defined in Section 4.1 following, to ensure that it is constructed according to ACCESS Integratedthe design and construction comply with BellSouth’s submitted plans guidelines and specifications. If BellSouth decides may require CLEC-1, at CLEC-1’s sole cost, to inspect correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen five (155) business days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct any structure that does not meet its submitted plans and specifications or BellSouth’s specificationsinspection, as applicableunless the Parties mutually agree to an alternative time frame.
3.4.4 ACCESS Integrated 3.4.3 CLEC-1 shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At ACCESS IntegratedCLEC- 1’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS IntegratedCLEC-1’s BellSouth Certified Supplier Contractor shall be responsible, at ACCESS Integrated’s sole expense, responsible for filing the required documentation to obtain and receiving any and all necessary zoning, permits and/or licenses for an Adjacent Arrangement. such arrangement.
3.5.1 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 abovepreceding.
Appears in 1 contract
Sources: Interconnection Agreement
Adjacent Collocation. 3.4.1 Subject to technical feasibility and space availability, BellSouth will permit an provide adjacent collocation arrangement arrangements (“Adjacent Arrangement”) on BellSouth Premises’ property only when where space within the requested BellSouth Premises Central Office is legitimately exhausted and exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the BellSouth Premises’ propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. An The Adjacent Arrangement shall be constructed or procured by ACCESS Integrated or ACCESS Integrated’s BellSouth Certified Supplier Adelphia and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, ACCESS Integrated ▇▇▇▇▇▇▇▇ shall construct, procure, maintain and operate said Adjacent Arrangement Arrangement(s) pursuant to all of the applicable rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation.
3.4.2 If ACCESS Integrated requests Adjacent Collocation3.4.1 Should Adelphia elect such option, pursuant to the conditions stated in Section 3.4 above, ACCESS Integrated ▇▇▇▇▇▇▇▇ must arrange with a BellSouth Certified Supplier certified contractor to construct or procure the an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide the appropriate guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s own specificationsstandard specification, ACCESS Integrated Adelphia and ACCESS Integrated▇▇▇▇▇▇▇▇’s BellSouth Certified Supplier shall contractor must comply with the more stringent local building code requirements. ACCESS Integrated▇▇▇▇▇▇▇▇’s BellSouth Certified Supplier contractor shall be responsible for filing and obtaining receiving any and all necessary zoning, permits and/or licenses for such construction. ACCESS Integrated▇▇▇▇▇▇▇▇’s BellSouth Certified Supplier Vendor shall ▇▇▇▇ ACCESS Integrated ▇▇▇▇▇▇▇▇ directly for all work performed for ACCESS Integrated ▇▇▇▇▇▇▇▇ pursuant to comply with this Attachment. Attachment and BellSouth shall have no liability for, for nor responsibility to pay, pay such charges imposed by ACCESS Integrated’s BellSouth the Certified SupplierVendor. ACCESS Integrated Adelphia must provide the local BellSouth Central Office Building Contact building contact with two (2) cards, keys or other access devices device used to gain entry into enter the locked enclosure. Except in the case cases of an emergency, BellSouth will shall not access ACCESS Integrated▇▇▇▇▇▇▇▇’s locked enclosure prior to notifying ACCESS Integrated at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is requiredAdelphia.
3.4.3 ACCESS Integrated must submit its Adjacent Arrangement construction plans and specifications 3.4.2 BellSouth maintains the right to BellSouth when it places its Firm Order. BellSouth shall review ACCESS Integrated▇▇▇▇▇▇▇▇’s plans and specifications prior to the construction of an Adjacent Arrangement to ensure ACCESS Integrated’s compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the plans and specifications from ACCESS Integrated for the Adjacent ArrangementArrangement(s). BellSouth may inspect the Adjacent Arrangement during Arrangement(s) following construction and after construction is completed prior to commencement, as defined in Section 4.1 following, to ensure that it is constructed according to ACCESS Integratedthe design and construction comply with BellSouth’s submitted plans guidelines and specifications. If BellSouth decides may require Adelphia, at ▇▇▇▇▇▇▇▇’s sole cost, to inspect correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the completed Adjacent Arrangement, BellSouth will complete its inspection within fifteen five (155) business days after receipt of ACCESS Integrated’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after BellSouth has completed its inspection of ACCESS Integrated’s Adjacent Arrangement, BellSouth shall require ACCESS Integrated, at ACCESS Integrated’s expense, to remove or correct any structure that does not meet its submitted plans and specifications or BellSouth’s specificationsinspection, as applicableunless the Parties mutually agree to an alternative time frame.
3.4.4 ACCESS Integrated 3.4.3 Adelphia shall provide a concrete pad, the structure housing the Adjacent Arrangementarrangement, HVAC, lighting, and all of the facilities that are required to connect the structure (i.e., i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At ACCESS IntegratedAdelphia’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical Collocation collocation services and facilities, facilities subject to the same nondiscriminatory requirements as those applicable to any other physical Collocation collocation arrangement. In Alabama and Louisiana, at ACCESS Integrated’s request and expense, BellSouth will provide DC power to an Adjacent Collocation site where technically feasible, as that term has been defined by the FCC, and in accordance with applicable law. BellSouth will provide DC power in an Adjacent Arrangement provided that such provisioning can be done in compliance with the National Electric Code (NEC), all safety and building codes, and any local codes, such as, but not limited to, local zoning codes, and upon completion of negotiations between the Parties on the applicable rates and provisioning intervals. ACCESS Integrated will pay for any and all DC power construction and provisioning costs to an Adjacent Arrangement through individual case basis (ICB) pricing that must be paid as follows: fifty percent (50%) before the DC installation work begins and fifty percent (50%) at completion of the DC installation work to the Adjacent Arrangement. ACCESS Integrated’s BellSouth Certified Supplier shall be responsible, at ACCESS Integrated’s sole expense, for filing the required documentation to obtain any and all necessary permits and/or licenses for an Adjacent Arrangement. .
3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement, Arrangement pursuant to the terms and conditions set forth in Section 3.3 aboveproceeding.
Appears in 1 contract
Sources: Interconnection Agreement