Common use of Physical Collocation Clause in Contracts

Physical Collocation. 7.3.1 USWC shall provide to DSLnet Physical Collocation of equipment necessary for Interconnection or for access to unbundled Network Elements, except that USWC may provide for Virtual Collocation if USWC demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251(c)(6) of the Act. USWC shall provide such Collocation for the purpose of Interconnection or access to unbundled Network Elements, except as otherwise mutually agreed to in writing by the Parties or as required by the FCC or the appropriate Commission subject to the rates, terms and conditions of this Agreement. 7.3.2 Where DSLnet is virtually collocated in a premises which was initially prepared for Virtual Collocation, DSLnet may elect to (i) retain its Virtual Collocation in that premises and expand that Virtual Collocation according to the rates, terms and conditions of this Agreement, or (ii) unless it is not practical for technical reasons or because of space limitations, convert its Virtual Collocation at such premises to Physical Collocation, in which case DSLnet shall coordinate the construction and rearrangement with USWC of its equipment (IDLC and transmission) and circuits for which DSLnet shall pay USWC at applicable rates, and pursuant to the other terms and conditions in this Agreement. In addition, all applicable Physical Collocation recurring charges shall apply. 7.3.3 DSLnet will be allowed access to the POI on non-discriminatory terms. DSLnet owns and is responsible for the installation, maintenance and repair of its transmission equipment located within the space rented from USWC. 7.3.4 DSLnet must use leased space promptly and may not warehouse space for later use or sublease to another provider. Physical Collocation is offered in Wire Centers on a space-available, first come, first-served basis. 7.3.5 The minimum standard leasable amount of floor space is 100 square feet. DSLnet must efficiently use the leased space; no more than 50% of the floor space may be used for storage cabinets and work surfaces. The Commission will be the final arbitrator in points of dispute between the Parties. 7.3.6 DSLnet’s leased floor space will be separated from other competitive providers and USWC space through a cage enclosure. DSLnet may elect to have USWC construct the enclosure, or choose from USWC approved contractors to construct the cage, meeting USWC’s installation Technical Publication 77350. DSLnet must determine at the time of application whether USWC or an approved contractor will construct the cage enclosure. 7.3.7 The following standard features will be provided by USWC: 7.3.7.1 Heating, ventilation and air conditioning. 7.3.7.2 Smoke/fire detection and any other building code requirement.

Appears in 1 contract

Sources: Interconnection Agreement

Physical Collocation. 7.3.1 USWC shall provide to DSLnet Teligent Physical Collocation of equipment necessary for Interconnection or for access to unbundled Network Elements, except that USWC may provide for Virtual Collocation if USWC demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251(c)(6) of the Act. USWC shall provide such Collocation for the purpose of Interconnection or access to unbundled Network Elements, except as otherwise mutually agreed to in writing by the Parties or as required by the FCC or the appropriate Commission subject to the rates, terms and conditions of this Agreement. 7.3.2 Where DSLnet Teligent is virtually collocated in a premises which was initially prepared for Virtual Collocation, DSLnet Teligent may elect to (i) retain its Virtual Collocation in that premises and expand that Virtual Collocation according to the rates, terms and conditions of this Agreement, or (ii) unless it is not practical for technical reasons or because of space limitations, convert its Virtual Collocation at such premises to Physical Collocation, in which case DSLnet Teligent shall coordinate the construction and rearrangement with USWC of its equipment (IDLC and transmission) and circuits for which DSLnet Teligent shall pay USWC at applicable rates, and pursuant to the other terms and conditions in this Agreement. In addition, all applicable Physical Collocation recurring charges shall apply. 7.3.3 DSLnet Teligent will be allowed access to the POI on non-discriminatory terms. DSLnet Teligent owns and is responsible for the installation, maintenance and repair of its transmission equipment located within the space rented from USWC. 7.3.4 DSLnet Teligent must use leased space promptly and may not warehouse space for later use or sublease to another provider. Physical Collocation is offered in Wire Centers on a space-available, first come, first-served basis. 7.3.5 The minimum standard leasable amount of floor space is 100 square feet. DSLnet Teligent must efficiently use the leased space; no more than 50% of the floor space may be used for storage cabinets and work surfaces. The Commission will be the final arbitrator in points of dispute between the Parties. 7.3.6 DSLnetTeligent’s leased floor space will be separated from other competitive providers and USWC space through a cage enclosure. DSLnet Teligent may elect to have USWC construct the enclosure, or choose from USWC approved contractors to construct the cage, meeting USWC’s installation Technical Publication 77350. DSLnet Teligent must determine at the time of application whether USWC or an approved contractor will construct the cage enclosure. 7.3.7 The following standard features will be provided by USWC: 7.3.7.1 Heating, ventilation and air conditioning. 7.3.7.2 Smoke/fire detection and any other building code requirement. 7.3.7.3 Electrical power/backup. 7.3.8 USWC Responsibilities 7.3.8.1 Design the floor space within each wire center which will constitute Teligent’s leased space. 7.3.8.2 Ensure that the necessary construction work is performed to build Teligent’s leased physical space and the riser from the vault to the leased physical space. 7.3.8.3 Develop a quotation specific to Teligent’s request. 7.3.8.4 Extend USWC-provided and owned fiber optic cable from the POI through the cable vault and extend the cable to Teligent’s leased physical space or place the cable in fire retardant tubing prior to extension to Teligent’s leased physical space. 7.3.8.5 Installation and maintenance and all related activity necessary to provide channel termination between USWC’s and Teligent’s equipment. 7.3.8.6 Work cooperatively with Teligent in matters of joint testing and maintenance.

Appears in 1 contract

Sources: Interconnection Agreement

Physical Collocation. 7.3.1 1. USWC shall provide to DSLnet MFS Physical Collocation of equipment necessary for Interconnection or for access to unbundled Network Elements, except that USWC may provide for Virtual Collocation collocation if USWC demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251(c)(6) of the Act. USWC shall provide such Collocation for the purpose of Interconnection or access to unbundled Network Elements, except as otherwise mutually agreed to in writing by the Parties or as required by the FCC or the appropriate Commission subject to the rates, terms and conditions of this Agreement. 7.3.2 2. Where DSLnet MFS is virtually collocated Virtually Collocated in a premises which was initially prepared for Virtual Collocation, DSLnet MFS may elect to (i) retain its Virtual Collocation in that premises and expand that Virtual Collocation according to the rates, terms and conditions of this Agreement, or (ii) unless it is not practical for technical reasons or because of space limitations, convert its Virtual Collocation at such premises to Physical Collocation, in which case DSLnet MFS shall coordinate the construction and rearrangement with USWC of its equipment (IDLC and transmission) and circuits for which DSLnet MFS shall pay USWC at applicable rates, and pursuant to the other terms and conditions in this Agreement. In addition, all applicable Physical Collocation recurring charges shall apply. 7.3.3 DSLnet 3. MFS will be allowed access to the POI on non-discriminatory terms. DSLnet MFS owns and is responsible for the installation, maintenance and repair of its transmission equipment located within the space rented from USWC. 7.3.4 DSLnet 4. MFS must use leased space promptly and may not warehouse space for later use or sublease to another provider. Physical Collocation collocation is offered in Wire Centers wire centers on a space-available, first come, first-served basis. 7.3.5 5. The minimum standard leasable amount of floor space is 100 square feet. DSLnet MFS must efficiently use the leased space; no more than 50% of the floor space may be used for storage cabinets and work surfaces. The Commission will be the final arbitrator in points of dispute between the Partiesparties. 7.3.6 DSLnet6. MFS’s leased floor space will be separated from other competitive providers and USWC space through a cage enclosurecages or hard walls. DSLnet MFS may elect to have USWC construct the enclosurecage, or choose from USWC approved contractors to construct the cage, meeting USWC’s installation Technical Publication 77350. DSLnet must determine at the time of application whether USWC or an approved contractor will construct the cage enclosure. 7.3.7 7. The following standard features will be provided by USWC: 7.3.7.1 a. Heating, ventilation and air conditioning. 7.3.7.2 b. Smoke/fire detection and any other building code requirement. 8. USWC Responsibilities. a. Design the floor space within each wire center which will constitute CLEC’s leased space. b. Ensure that the necessary construction work is performed to build CLEC’s leased physical space and the riser from the vault to the leased physical space. c. Develop a quotation specific to MFS’s request. d. Extend USWC-provided and owned fiber optic cable from the POI through the cable vault and extending the cable to MFS’s leased physical space or place the cable in fire retardant tubing prior to extension to MFS’s leased physical space. e. Installation and maintenance and all related activity necessary to provide Channel Termination between USWC’s and MFS’s equipment. f. Work cooperatively with MFS in matters of joint testing and maintenance. 9. MFS Responsibilities a. Determine the type of enclosure for the physical space. b. Where applicable, procure, install and maintain all fiber optic facilities up to the USWC designated POI. c. Install, maintain, repair and service all MFS’s equipment located in the leased physical space. d. Ensure that all equipment installed by MFS complies with Bellcore Network Equipment Building System Generic Equipment requirements, USWC wire center environmental and transmission standards, and any statutory (local, federal, or state) or regulatory requirements in effect at the time of equipment installation or that subsequently become effective. 10. Once construction is complete for physical collocation and MFS has accepted its leased physical space, MFS may order its DS0, DS1, DS3 or other Expanded Interconnection Channel Terminations. 11. MFS may not extend dark fiber to MFS’s leased physical space or connecting DS1/DS3 Channel Terminations to USWC dark fiber. 12. If, at any time, USWC determines that the equipment or the installation does not meet requirements, MFS will be responsible for the costs associated with the removal, modification to, or installation of the equipment to bring it into compliance. If MFS fails to correct any non- compliance within fifteen (15) days of written notice of non-compliance, USWC may have the equipment removed or the condition corrected at MFS’s expense. 13. If, during installation, USWC determines MFS activities or equipment are unsafe, non-standard or in violation of any applicable laws or regulations, USWC has the right to stop work until the situation is remedied. If such conditions pose an immediate threat to the safety of USWC employees, interfere with the performance of USWC’s service obligations, or pose an immediate threat to the physical integrity of the conduit system or the cable facilities, USWC may perform such work and/or take action as is necessary to correct the condition at MFS’s expense. 14. For each Physical Collocation, the Parties agree to execute an individual ‘Physical Collocation Agreement’ in form attached hereto as Appendix C.

Appears in 1 contract

Sources: Arbitrated Interconnection Agreement

Physical Collocation. 7.3.1 USWC shall provide to DSLnet NewPath Physical Collocation of equipment necessary for Interconnection or for access to unbundled Network Elements, except that USWC may provide for Virtual Collocation if USWC demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251(c)(6) of the Act. USWC shall provide such Collocation for the purpose of Interconnection or access to unbundled Network Elements, except as otherwise mutually agreed to in writing by the Parties or as required by the FCC or the appropriate Commission subject to the rates, terms and conditions of this Agreement. 7.3.2 Where DSLnet NewPath is virtually collocated in a premises which was initially prepared for Virtual Collocation, DSLnet NewPath may elect to (i) retain its Virtual Collocation in that premises and expand that Virtual Collocation according to the rates, terms and conditions of this Agreement, or (ii) unless it is not practical for technical reasons or because of space limitations, convert its Virtual Collocation at such premises to Physical Collocation, in which case DSLnet NewPath shall coordinate the construction and rearrangement with USWC of its equipment (IDLC and transmission) and circuits for which DSLnet NewPath shall pay USWC at applicable rates, and pursuant to the other terms and conditions in this Agreement. In addition, all applicable Physical Collocation recurring charges shall apply. 7.3.3 DSLnet NewPath will be allowed access to the POI on non-discriminatory terms. DSLnet NewPath owns and is responsible for the installation, maintenance and repair of its transmission equipment located within the space rented from USWC. 7.3.4 DSLnet NewPath must use leased space promptly and may not warehouse space for later use or sublease to another provider. Physical Collocation is offered in Wire Centers on a space-available, first come, first-served basis. 7.3.5 The minimum standard leasable amount of floor space is 100 square feet. DSLnet NewPath must efficiently use the leased space; no more than 50% of the floor space may be used for storage cabinets and work surfaces. The Commission will be the final arbitrator in points of dispute between the Parties. USWC shall accommodate NewPath’s request for physical Collocation ahead of any other entity to the extent that NewPath’s request for physical Collocation preceded the request of such other entity. The Commission will be the final arbitrator in points of dispute between the Parties with respect to the availability of Collocation space. 7.3.6 DSLnetNewPath’s leased floor space will be separated from other competitive providers and USWC space through a cage enclosureenclosure except in the case of common Collocation. DSLnet NewPath may elect to have USWC construct the enclosure, or choose from USWC approved contractors to construct the cage, meeting USWC’s installation Technical Publication 77350. DSLnet NewPath must determine at the time of application whether USWC or an approved contractor will construct the cage enclosure. 7.3.7 The following standard features will be provided by USWC: 7.3.7.1 Heating, ventilation and air conditioning. 7.3.7.2 Smoke/fire detection and any other building code requirement.

Appears in 1 contract

Sources: Interconnection Agreement

Physical Collocation. 7.3.1 USWC shall provide to DSLnet NorthPoint Physical Collocation of equipment necessary for Interconnection or for access to unbundled Network Elements, except that USWC may provide for Virtual Collocation if USWC demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251(c)(6) of the Act. USWC shall provide such Collocation for the purpose of Interconnection or access to unbundled Network Elements, except as otherwise mutually agreed to in writing by the Parties or as required by the FCC or the appropriate Commission subject to the rates, terms and conditions of this Agreement. 7.3.2 Where DSLnet NorthPoint is virtually collocated in a premises which was initially prepared for Virtual Collocation, DSLnet NorthPoint may elect to (i) retain its Virtual Collocation in that premises and expand that Virtual Collocation according to the rates, terms and conditions of this Agreement, or (ii) unless it is not practical for technical reasons or because of space limitations, convert its Virtual Collocation at such premises to Physical Collocation, in which case DSLnet NorthPoint shall coordinate the construction and rearrangement with USWC of its equipment (IDLC and transmission) and circuits for which DSLnet NorthPoint shall pay USWC at applicable rates, and pursuant to the other terms and conditions in this Agreement. In addition, all applicable Physical Collocation recurring charges shall apply. 7.3.3 DSLnet NorthPoint will be allowed access to the POI on non-discriminatory terms. DSLnet NorthPoint owns and is responsible for the installation, maintenance and repair of its transmission equipment located within the space rented from USWC. 7.3.4 DSLnet NorthPoint must use leased space promptly and may not warehouse space for later use or sublease to another provider. Physical Collocation is offered in Wire Centers on a space-available, first come, first-served basis. 7.3.5 The minimum standard leasable amount of floor space is 100 square feet. DSLnet NorthPoint must efficiently use the leased space; no more than 50% of the floor space may be used for storage cabinets and work surfaces. The Commission will be the final arbitrator in points of dispute between the Parties. 7.3.6 DSLnetNorthPoint’s leased floor space will be separated from other competitive providers and USWC space through a cage enclosure. DSLnet NorthPoint may elect to have USWC construct the enclosure, or choose from USWC approved contractors to construct the cage, meeting USWC’s installation Technical Publication 77350. DSLnet NorthPoint must determine at the time of application whether USWC or an approved contractor will construct the cage enclosure. 7.3.7 The following standard features will be provided by USWC: 7.3.7.1 Heating, ventilation and air conditioning. 7.3.7.2 Smoke/fire detection and any other building code requirement.

Appears in 1 contract

Sources: Interconnection Agreement

Physical Collocation. 7.3.1 USWC 3.1 PRTC shall not be required to provide to DSLnet for Physical Collocation of equipment necessary for Interconnection interconnection or for access to unbundled Network Elements, except that USWC may provide for Virtual Collocation network elements at PRTC's premises if USWC PRTC demonstrates to the Commission Board (and the Board finds) that Physical Collocation is not practical for technical reasons or because of space limitations. In such cases, as provided in Section 251(c)(6PRTC shall be required to provide Virtual Collocation, except at points where PRTC demonstrates to the Board (and the Board finds) of the Actthat Virtual Collocation is not technically feasible. USWC If Virtual Collocation is not technically feasible, PRTC shall provide such Collocation for the purpose other methods of Interconnection or interconnection and access to unbundled Network Elementsnetwork elements, except as otherwise mutually agreed to in writing by the Parties or as required by the FCC or the appropriate Commission subject to the rates, terms and conditions of this Agreementextent technically feasible. 7.3.2 Where DSLnet is virtually collocated in a premises which was initially prepared for Virtual Collocation, DSLnet may elect to (i) retain its Virtual Collocation in that premises and expand that Virtual Collocation according to the rates, terms and conditions of this Agreement, or (ii) unless it is not practical for technical reasons or because of space limitations, convert its Virtual Collocation at such premises to Physical Collocation, in which case DSLnet shall coordinate the construction and rearrangement with USWC of its equipment (IDLC and transmission) and circuits for which DSLnet shall pay USWC at applicable rates, and pursuant to the other terms and conditions in this Agreement. In addition, all applicable Physical Collocation recurring charges shall apply. 7.3.3 DSLnet will be allowed access to the POI on non-discriminatory terms. DSLnet 3.2 CSPR owns and is responsible for the installation, maintenance and repair of its transmission collocated equipment located within the space rented from USWCPRTC. 7.3.4 DSLnet must use leased 3.3 PRTC will make space promptly and may not warehouse space for later use available within or sublease to another provider. Physical Collocation is offered in Wire Centers on its premises on a spacefirst-available, first come, first-served basis, provided, however, that PRTC shall not be required to lease or construct additional space to provide for physical collocation when existing space has been exhausted pursuant to the showing in Section 3.1 of this Attachment. 7.3.5 The 3.4 For caged physical collocation, the minimum standard leasable lease able amount of floor space is 100 square feet. DSLnet must efficiently use PRTC may impose reasonable restrictions on the leased space; no more than 50% warehousing of unused space by CSPR, provided, however, that PRTC shall not set maximum space limitations applicable to CSPR unless PRTC proves to the Board that space constraints make such restrictions necessary. PRTC may retain a reasonable amount of floor space for its own specific future uses; provided, however, that PRTC nor any of its affiliates may be used reserve space for storage cabinets and work surfaces. The Commission will be the final arbitrator in points of dispute between the Partiesfuture use on terms more favorable than those that apply to CSPR when it may seek to reserve collocation space for its own future use. 7.3.6 DSLnet’s 3.5 CSPR's leased floor space will be separated from other competitive providers and USWC PRTC space through a cage enclosureenclosure except in the case of Cageless Collocation. DSLnet Such requirement, however, will only apply where (1) such separation is warranted by legitimate security concerns or operational constraints unrelated to PRTC’s or any of its affiliates’ or subsidiaries’ competitive concerns, (2) any collocation space assigned to a PRTC affiliate or subsidiary is separated from space housing PRTC equipment, (3) the separated space will be available in the same time frame as, or a shorter time frame than, non-separated space, (4) the cost of the separated space to CSPR will not be materially higher than the cost of non-separated space, and (5) the separated space is comparable, from a technical and engineering standpoint, to non-separated space. CSPR may elect to have USWC PRTC construct the enclosurecage, or choose from USWC PRTC approved contractors to construct the cage, meeting USWC’s PRTC's reasonable installation Technical Publication 77350technical requirements. DSLnet PRTC shall not unreasonably withhold approval of contractors selected by CSPR and such approval shall be based on the same criteria PRTC uses in approving contractors for its own purposes. CSPR must determine at the time of application whether USWC PRTC or an approved contractor will construct the cage enclosure. 7.3.7 3.6 PRTC Responsibilities. PRTC will have the following responsibilities in connection with the provision of collocation space to CSPR. 3.6.1 Designate the floor space within each Premises which will constitute CSPR's leased space. PRTC reserves the right (based on legitimate and documented reasons not reasonably foreseeable at the time of the original designation, to redesign ate the floor space within each Premises which will constitute CSPR's leased space. PRTC will bear the expenses related to any such relocation to the extent such relocation is due to causes under the control of PRTC. The parties will work cooperatively to avoid or minimize any impact upon their respective services in connection with any such redefinition of floor space by PRTC. 3.6.2 Where necessary, work cooperatively with CSPR in matters of joint testing and maintenance. 3.6.3 Make contiguous space available to CSPR to the extent reasonably possible when CSPR seeks to expand an existing collocation space. 3.6.4 When planning renovations of existing facilities or constructing or leasing new facilities, to take into account projected demand for collocation of equipment by CSPR and other competitors. 3.6.5 Assign collocation space to CSPR in a just, reasonable, and nondiscriminatory manner. PRTC shall allow CSPR to submit space preferences prior to assigning collocation space. At a minimum, PRTC space assignment policies and practices must meet the following standard features principles: 3.6.5.1 PRTC space assignment must not materially increase CSPR’s collocation costs. 3.6.5.2 PRTC space assignment must not materially delay CSPR’s occupation and use of PRTC Premises. 3.6.5.3 PRTC space assignment must not impair the quality of service or impose other limitations on CSPR’s desired service offerings. 3.6.5.4 PRTC space assignment must not reduce unreasonably the total space available for collocation or preclude unreasonably collocation within PRTC Premises. 3.6.5.5 PRTC must provide a written explanation to CSPR in the event it does not grant a CSPR preference. 3.6.6 Upon request and at CSPR’s reasonable expense, to the extent PRTC is entitled to recover such expense under Applicable Law, PRTC must remove obsolete unused equipment from its Premises to increase the amount of space available for collocation. 3.7 CSPR Responsibilities. CSPR will have the following responsibilities in connection with the provision of collocation space to CSPR. 3.7.1 Pursuant to this Section, determine who constructs the cage, when requested by CSPR, or enclosure for the physical space. 3.7.2 Where directed by PRTC, procure, install and maintain all facilities up to the PRTC designated POI. 3.7.2.1 Where reasonably directed by PRTC, procure and provide all reasonably necessary interconnection cable and connectors from the PRTC designated POI. 3.7.2.2 Where reasonably directed by PRTC, procure and provide all reasonably necessary cable and connectors from the Collocation space to the PRTC cross connection device. 3.7.3 Install, maintain, repair and service all CSPR's equipment located in the leased physical space. CSPR will promptly repair or replace all defective equipment. CSPR and its agents shall comply with PRTC's collocation procedures in performing any installation, maintenance, repair, or service of CSPR equipment, in accordance with Section 2.7 of this Attachment. 3.7.4 Ensure that all equipment installed by CSPR complies with any statutory (local, federal, or Commonwealth) or regulatory requirements in effect at the time of equipment installation or that subsequently become effective. These requirements apply only to the extent they are not more stringent than the safety requirements that PRTC imposes on its own equipment that it locates in its premises. 3.7.5 CSPR is responsible for obtaining reasonable insurance coverage, including but not limited to fire, theft, and liability. CSPR’s insurance must also cover all virtually collocated equipment. 3.7.6 CSPR will be provided by USWC: 7.3.7.1 Heatingresponsible for the actions and inactions of its employees, ventilation vendors, or contractors who have access to PRTC's Central Office equipment, property, and air conditioningother facilities. PRTC will be responsible for the actions of its employees, vendors, or contractors who have access to CSPR’s collocation space equipment, property, and other facilities. 7.3.7.2 Smoke/fire detection 3.7.7 In the event of a PRTC work stoppage or strike, CSPR's employees, contractors, or agents will comply with reasonable established emergency operating procedures in accordance with Section 2.7 of this Attachment. PRTC will take reasonable steps to ensure CSPR continued access to its collocation space during the work stoppage. 3.7.8 All CSPR employees, agents, or contractors must remain at all times in the designated area of the Central Office to which they are authorized. CSPR's employees, agents or contractors must not touch or utilize any PRTC equipment or systems to which they are not authorized. PRTC’s employees, agents or contractors must not touch or utilize any of CSPR’s equipment or systems to which they are not authorized. The provisions of this section, however, shall not restrict contact or utilization of equipment or systems to the extent such contact or utilization is reasonably necessary to protect persons or equipment from significant and immediate injury or harm. 3.8 If, at any other building code requirementtime, PRTC reasonably determines that the equipment or the installation do not meet the requirements of this Agreement, such failure being due to the actions or inactions of CSPR or its agents, CSPR will be responsible for the costs associated with the removal, modification to, or installation of the equipment to bring it into compliance. If CSPR fails to correct (or make substantial progress toward correcting) any non-compliance as soon as reasonably practical, but, in any event, no later than thirty (30) days after the receipt of written notice of the non-compliance, PRTC may have the equipment removed or the condition corrected at CSPR's reasonable expense. As a general proposition, PRTC may immediately remove CSPR equipment if PRTC reasonably determines that such equipment poses a material, immediate threat to safety or causes an interruption to service and that such threat cannot reasonably be addressed by notice to CSPR. Furthermore, PRTC may remove CSPR equipment after reasonable notice to CSPR, if PRTC reasonably determines that such equipment threatens to interrupt service. PRTC will remove said equipment at CSPR's reasonable expense. Except in cases of emergency, in the event CSPR notifies PRTC that it, in good faith, disputes a PRTC determination under this Section, PRTC may not remove the subject CSPR equipment until the formal resolution of such dispute in its favor or upon an order from the Board. 3.9 If, during installation, PRTC reasonably determines that CSPR's activities or equipment are unsafe or in violation of any Applicable Laws or regulations, PRTC has the right to stop work until the situation is reasonably remedied. If such conditions pose an immediate threat to the safety of PRTC employees, interfere with the performance of PRTC's service obligations, or pose an immediate threat to the physical integrity of the conduit system or the cable facilities, PRTC may perform such work and/or take action as is necessary to correct the condition at CSPR's reasonable expense. Except in cases of emergency, in the event CSPR notifies PRTC that it, in good faith, disputes a PRTC determination under this Section, PRTC may not stop the subject CSPR installation until the formal resolution of such dispute in its favor or upon an order from the Board. 3.10 In exercising its rights under Sections 3.8 and 3.9 of this Attachment, PRTC shall act with reasonable care and will take reasonable steps to minimize damage to CSPR equipment. 3.11 PRTC may not require CSPR to use an intermediate interconnection arrangement in lieu of direct connection to PRTC if technically feasible. 3.12 PRTC must prorate the charge for site conditioning and preparation undertaken by PRTC to construct or condition a space for collocation use by determining the total charge for site preparation and allocating that charge to CSPR based on the percentage of total space utilized by CSPR.

Appears in 1 contract

Sources: Interconnection Agreement (Cortelco Systems Puerto Rico Inc)

Physical Collocation. 7.3.1 USWC shall provide to DSLnet Integra Physical Collocation of basic transmission equipment necessary used by Integra for Interconnection or for access to unbundled Network Elements, except that USWC may provide for Virtual Collocation if USWC demonstrates to the Commission that Physical Collocation is not practical for technical reasons or because of space limitations, as provided in Section 251(c)(6) of the Act. USWC shall provide such Collocation for the purpose of Interconnection or access to unbundled Network Elements, except as otherwise mutually agreed to in writing by the Parties or as required by the FCC or the appropriate Commission subject to the rates, terms and conditions of this Agreement. 7.3.2 Where DSLnet Integra is virtually collocated in a premises which was initially prepared for Virtual Collocation, DSLnet Integra may elect to (i) retain its Virtual Collocation in that premises and expand that Virtual Collocation according to the rates, terms and conditions of this Agreement, or (ii) unless it is not practical for technical reasons or because of space limitations, convert its Virtual Collocation at such premises to Physical Collocation, in which case DSLnet Integra shall coordinate the construction and rearrangement with USWC of its equipment (IDLC and transmission) and circuits for which DSLnet Integra shall pay USWC at applicable rates, and pursuant to the other terms and conditions in this Agreement. In addition, all applicable Physical Collocation recurring charges shall apply. 7.3.3 DSLnet Integra will be allowed access to the POI on non-discriminatory terms. DSLnet Integra owns and is responsible for the installation, maintenance and repair of its transmission equipment located within the space rented from USWC. 7.3.4 DSLnet Integra must use leased space promptly and may not warehouse space for later use or sublease to another provider. Physical Collocation is offered in Wire Centers on a space-available, first come, first-served basis. The Parties shall resolve any disputes with respect to the availability of Collocation space as indicated in Section 26.17, Dispute Resolution, or either Party may bring the dispute to the Commission for resolution in accordance with applicable law. 7.3.5 The minimum standard leasable amount of floor space is 100 square feet. DSLnet Integra must efficiently use the leased space; no more than 50% of the floor space may be used for storage cabinets and work surfaces. The Commission will be the final arbitrator in points of dispute between the Parties. 7.3.6 DSLnetIntegra’s leased floor space will be separated from other competitive providers and USWC space through a cage enclosure. DSLnet Integra may elect to have USWC construct the enclosure, or choose from USWC approved contractors to construct the cage, meeting USWC’s installation Technical Publication 77350. DSLnet Integra must determine at the time of application whether USWC or an approved contractor will construct the cage enclosure. 7.3.7 The following standard features will be provided by USWC: 7.3.7.1 Heating, ventilation and air conditioning. 7.3.7.2 Smoke/fire detection and any other building code requirement.

Appears in 1 contract

Sources: Interconnection Agreement