Common use of Space Reclamation Clause in Contracts

Space Reclamation. In the event of space exhaust within a BellSouth Premise, BellSouth may include in its documentation for the Petition for Waiver filed with the Commission, any unutilized space in the BellSouth Premise, including unutilized space held by GulfPines and other collocated telecommunications carriers in BellSouth’s Premise. GulfPines will be responsible for the justification of unutilized space within its Collocation Space, if the Commission requires such justification. 1.4.1 If physical Collocation Space is needed to accommodate another telecommunication carrier’s request for physical collocation or BellSouth’s own immediate space needs, BellSouth may reclaim from GulfPines any physical Collocation Space that is not being “efficiently used” or that cannot be proven to be needed within the two (2) year (18 months in Florida) planning period. This term (efficiently used) shall mean that substantially all of the floor space is taken up by GulfPines’ collocated equipment as described in Section 5.1 of this Attachment. In addition, BellSouth may reclaim, for the same reasons as those stated above, any space that is not being used at all to house GulfPines’ equipment and/or facilities for collocation purposes. GulfPines will have one hundred eighty (180) calendar days from receipt of notice by BellSouth to GulfPines of the need for such physical Collocation Space to ensure that such space is being used in accordance with the terms and conditions herein and shall be responsible to justify to the Commission, if the Commission requires such justification.

Space Reclamation. In the event of space exhaust within a “BellSouth PremisePremises”, BellSouth may include in its documentation for the Petition for Waiver filed with the Commission, any unutilized space in the “BellSouth PremisePremises”, including unutilized space held by GulfPines ALCALL and other collocated telecommunications carriers in BellSouth’s PremisePremises. GulfPines ALCALL will be responsible for the justification of unutilized space within its Collocation Space, if the Commission requires such justification. 1.4.1 If physical Collocation Space is needed to accommodate another telecommunication carrier’s request for physical collocation or BellSouth’s own immediate space needs, BellSouth may reclaim from GulfPines ALCALL any physical Collocation Space that is not being “efficiently used” or that cannot be proven to be needed within the two (2) year (18 months in Florida) planning period. This term (“efficiently used”) shall mean that substantially all of the floor space is taken up by GulfPines’ ALCALL’s collocated equipment as described in Section 5.1 of this Attachment. In addition, BellSouth may reclaim, for the same reasons as those stated above, any space that is not being used at all to house GulfPines’ ALCALL’s equipment and/or facilities for collocation purposes. GulfPines ALCALL will have one hundred eighty (180) calendar days from receipt of notice by BellSouth to GulfPines ALCALL of the need for such physical Collocation Space to ensure that such space is being used in accordance with the terms and conditions herein and shall be responsible to justify to the Commission, if the Commission requires such justification.