Common use of Adjacent Collocation Clause in Contracts

Adjacent Collocation. If and only if there is no Unused Space for Physical Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation to the extent technically feasible. As used in this Agreement, “Adjacent Collocation” shall mean Collocation on Ameritech’s property in adjacent controlled environmental vaults or similar structures (collectively, an “Adjacent Structure”). Ameritech shall only be required to provide Adjacent Collocation if technically feasible, and subject to reasonable safety and maintenance requirements, zoning and other state and local regulations. Ameritech shall provide power and Physical Collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination requirements as traditional Collocation arrangements. Requesting Carrier shall be responsible for securing all required licenses and permits, the required site preparations and shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Collocation within Ameritech’s Premises becomes operational.

Appears in 9 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

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Adjacent Collocation. If Subject to technical feasibility and only if there space availability, BellSouth will permit adjacent collocation arrangements (“Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Premises is no Unused Space for Physical Collocationlegitimately exhausted, Requesting Carrier may submit where the Adjacent Arrangement does not interfere with access to Ameritech an NSCR that requests Ameritech existing or planned structures or facilities on the Premises property. The Adjacent Arrangement shall be constructed or procured by CLEC-1 and in conformance with BellSouth’s design and construction specifications. Further, CLEC-1 shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to provide Requesting Carrier Adjacent Collocation all of the terms and conditions set forth in this Agreement and the rates set forth in Attachment A to the extent technically feasibleSGAT. 3.3.1 Should CLEC-1 elect such option, CLEC-1 must arrange with a Certified Contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. As used in this AgreementBellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, “Adjacent Collocation” shall mean Collocation on AmeritechCLEC-1 and CLEC-1’s property in adjacent controlled environmental vaults or similar structures (collectively, an “Adjacent Structure”)Certified Contractor must comply with the more stringent local building code requirements. Ameritech shall only be required to provide Adjacent Collocation if technically feasible, and subject to reasonable safety and maintenance requirements, zoning and other state and local regulations. Ameritech shall provide power and Physical Collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination requirements as traditional Collocation arrangements. Requesting Carrier CLEC-1’s Certified Contractor shall be responsible for securing filing and receiving any and all required necessary zoning, permits and/or licenses for such construction. CLEC-1’s Certified Contractor shall xxxx XXXX-1 directly for all work performed for CLEC-1 pursuant to this Agreement and permitsBellSouth shall have no liability for nor responsibility to pay such charges imposed by CLEC-1’sCertified Contractor. CLEC-1 must provide the local BellSouth building contact with two cards, keys or other access device used to enter the required site preparations locked enclosure. Except in cases of emergency, BellSouth shall not access CLEC-1’s locked enclosure prior to notifying CLEC-1. 3.3.2 CLEC-1 must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to review CLEC-1’s plans and specifications prior to construction of an Adjacent Arrangement(s) to ensure compliance with BellSouth’s guidelines and specifications. BellSouth shall further retain responsibility for securing and/or constructing the Adjacent Structure complete its review within fifteen (15) calendar days. If BellSouth reviews CLEC-1’s plans and any building and site maintenance associated with the placement of such Adjacent Structure. Subject specifications prior to zoning and safety requirementsconstruction, and provided Ameritech owns or controls the property in question, Ameritech reserves then BellSouth will have the right to assign the location of inspect the Adjacent StructureArrangement after construction to make sure it is constructed according to the submitted plans and specifications. Ameritech If BellSouth elects not to review CLEC-1’s plans and specifications prior to construction, CLEC-1 will be entitled to request BellSouth to review; and in the event CLEC-1 does not request a BellSouth review, BellSouth shall have no obligation the right to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding inspect the Adjacent StructureArrangement after construction to make sure it is constructed according to BellSouth’s guidelines and specifications. If space becomes available in AmeritechBellSouth may require CLEC-1 to remove or correct within seven (7) calendar days at CLEC-1’s Premisesexpense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Collocation within Ameritech’s Premises becomes operationalspecifications.

Appears in 3 contracts

Samples: Physical Collocation Master Agreement, Physical Collocation Master Agreement, Physical Collocation Master Agreement

Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will permit adjacent collocation arrangements (“Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Premises is legitimately exhausted, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises property. The Adjacent Arrangement shall be constructed or procured by WebShoppe and in conformance with BellSouth’s design and construction specifications. Further, WebShoppe shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. 3.3.1 Should WebShoppe elect such option, WebShoppe must arrange with a Certified Contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, WebShoppe and WebShoppe’s Certified Contractor must comply with the more stringent local building code requirements. WebShoppe’s Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. WebShoppe’s Certified Contractor shall xxxx WebShoppe directly for all work performed for WebShoppe pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by WebShoppe’sCertified Contractor. WebShoppe must provide the local BellSouth building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access WebShoppe’s locked enclosure prior to notifying WebShoppe. 3.3.2 WebShoppe must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to review WebShoppe’s plans and specifications prior to construction of an Adjacent Arrangement(s) to ensure compliance with BellSouth’s guidelines and specifications. BellSouth shall complete its review within fifteen (15) calendar days. If BellSouth reviews WebShoppe’s plans and only if there specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement after construction to make sure it is no Unused Space for Physical Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation constructed according to the extent technically feasiblesubmitted plans and specifications. As used If BellSouth elects not to review WebShoppe’s plans and specifications prior to construction, WebShoppe will be entitled to request BellSouth to review; and in this Agreementthe event WebShoppe does not request a BellSouth review, BellSouth shall have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require WebShoppe to remove or correct within seven (7) calendar days at WebShoppe’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications. 3.3.3 WebShoppe shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (Adjacent Collocation” shall mean Collocation on Ameritech’s property in adjacent controlled environmental vaults or similar structures (collectively, an “Adjacent StructureHVAC”). Ameritech shall only be required to provide Adjacent Collocation if technically feasible, lighting, and subject all facilities that connect the structure (i.e. racking, conduits, etc.) to reasonable safety the BellSouth point of demarcation. At WebShoppe’s option, and maintenance requirementswhere the local authority having jurisdiction permits, zoning and other state and local regulations. Ameritech BellSouth shall provide an AC power source and Physical Collocation access to physical collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination nondiscriminatory requirements as traditional Collocation arrangementsapplicable to any other physical collocation arrangement. Requesting Carrier WebShoppe’s Certified Contractor shall be responsible responsible, at WebShoppe’s expense, for securing filing and receiving any and all required necessary zoning, permits and/or licenses and permits, the required site preparations and for such arrangement. 3.3.4 BellSouth shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure allow Shared (and any transmission and power connectionsSubleased) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Caged Collocation within Ameritech’s Premises becomes operationalan Adjacent Arrangement pursuant to the terms and conditions set forth herein.

Appears in 3 contracts

Samples: Clec Agreement, Clec Agreement, Clec 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 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 and only if there is no Unused Space for Physical ACCESS Integrated requests Adjacent Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation pursuant to the extent technically feasibleconditions 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. As 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 xxxx 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 this Agreementthe 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 Collocation” Arrangement construction plans and specifications to BellSouth when it places its Firm Order. BellSouth shall mean Collocation on Ameritechreview ACCESS Integrated’s property in adjacent controlled environmental vaults 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 similar structures (collectivelycorrect any structure that does not meet its submitted plans and specifications or BellSouth’s specifications, an “as applicable. 3.4.4 ACCESS Integrated shall provide a concrete pad, the structure housing the Adjacent Structure”). Ameritech shall only be Arrangement, HVAC, lighting, and all of the facilities that are required to provide Adjacent Collocation if technically feasibleconnect the structure (i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At ACCESS Integrated’s option, and subject to reasonable safety and maintenance requirementswhere the local authority having jurisdiction permits, zoning and other state and local regulations. Ameritech BellSouth shall provide an AC power source and Physical access to physical Collocation services and facilities in and to Adjacent Structures facilities, subject to the same nondiscrimination nondiscriminatory requirements as traditional those applicable to any other physical Collocation arrangementsarrangement. Requesting Carrier 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 responsible, at ACCESS Integrated’s sole expense, for securing all required licenses and permits, filing the required site preparations documentation to obtain any and all necessary permits and/or licenses for an Adjacent Arrangement. BellSouth shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” allow Shared Caged Collocation within Ameritech’s Premises becomes operationalan Adjacent Arrangement, pursuant to the terms and conditions set forth in Section 3.3 above.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Adjacent Collocation. 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 Premise 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 procured by GulfPines or constructed by the GulfPines’ BellSouth Certified Supplier and must be in conformance with BellSouth’s design and construction Specifications. Further, GulfPines shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. Version 2Q03: 07/21/03 3.4.1 If and only if there is no Unused Space for Physical GulfPines requests Adjacent Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation pursuant to the extent technically feasibleconditions stated in 3.4 above, GulfPines must arrange with a BellSouth Certified Supplier to construct the Adjacent Arrangement structure in accordance with BellSouth’s Specifications. As BellSouth will provide the appropriate Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s Specifications, GulfPines and GulfPines’ BellSouth Certified Supplier shall comply with the more stringent local building code requirements. GulfPines’ BellSouth Certified Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. GulfPines’ BellSouth Certified Supplier shall xxxx GulfPines directly for all work performed for GulfPines to comply with this Attachment. BellSouth shall have no liability for, nor responsibility to pay, such charges imposed by GulfPines’ BellSouth Certified Supplier. GulfPines 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 this Agreementthe case of an emergency, BellSouth will not access GulfPines’ locked enclosure prior to notifying GulfPines at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required. 3.4.2 GulfPines must submit its Adjacent Collocation” Arrangement construction plans and specifications to BellSouth when it places its firm order. BellSouth shall mean Collocation on Ameritechreview GulfPines’ plans and specifications prior to the construction of an Adjacent Arrangement(s) to ensure GulfPines’ compliance with BellSouth’s property in adjacent controlled environmental vaults Specifications. BellSouth shall complete its review within fifteen (15) calendar days after receipt of the plans and specifications from GulfPines for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement during and after construction is completed to ensure that it is constructed according to GulfPines’ 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 written notification of completion of the enclosure from GulfPines. BellSouth shall require GulfPines to remove or similar structures correct within seven (collectively7) calendar days, an “Adjacent Structure”at GulfPines’ expense, any structure that does not meet its submitted plans and specifications or BellSouth’s Specifications, as applicable. 3.4.3 GulfPines shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (HVAC). Ameritech shall only be , lighting, and all of the facilities that are required to provide Adjacent Collocation if technically feasibleconnect the structure (i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At GulfPines’ option, and subject to reasonable safety and maintenance requirementswhere the local authority having jurisdiction permits, zoning and other state and local regulations. Ameritech BellSouth shall provide an AC power source and Physical Collocation access to physical collocation services and facilities in and to Adjacent Structures facilities, subject to the same nondiscrimination nondiscriminatory requirements as traditional Collocation arrangementsthose applicable to any other physical collocation arrangement. Requesting Carrier shall be responsible for securing all required licenses In Alabama and permitsLouisiana, the required site preparations and shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject BellSouth will provide DC power to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier sites where technically feasible, as that term has secured and provided Ameritech evidence of final approval for been defined by the requested Adjacent Structure FCC, subject to individual case basis (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Collocation within Ameritech’s Premises becomes operational.ICB)

Appears in 1 contract

Samples: Interconnection Agreement

Adjacent Collocation. If and only if there is no Unused Space for Physical Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation to the extent technically feasible. As used in this Agreement, “Adjacent Collocation” shall mean Collocation on Ameritech’s property in adjacent controlled environmental vaults or similar structures (collectively, an “Adjacent Structure”). Ameritech shall only be required to provide Adjacent Collocation if technically feasible, and subject to reasonable safety and maintenance requirements, zoning and other state and local regulations. Ameritech shall provide power and Physical Collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination requirements as traditional Collocation arrangements. Requesting Carrier shall be responsible for securing all required licenses and permits, the required site preparations and shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety 12716496.1 110201 1406C 00650405 requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Collocation within Ameritech’s Premises becomes operational.

Appears in 1 contract

Samples: 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 Neutral Tandem or Neutral Tandem’s BellSouth Certified Supplier and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, Neutral Tandem 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 and only if there is no Unused Space for Physical Neutral Tandem requests Adjacent Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation pursuant to the extent technically feasibleconditions stated in Section 3.4 above, Neutral Tandem must arrange with a BellSouth Certified Supplier to construct or procure the Adjacent Arrangement structure in accordance with BellSouth’s specifications. As BellSouth will provide the appropriate specifications upon request. Where local building codes require specifications more stringent than BellSouth’s own specifications, Neutral Tandem and Neutral Tandem’s BellSouth Certified Supplier shall comply with the more stringent local building code requirements. Neutral Tandem’s BellSouth Certified Supplier shall be responsible for filing and obtaining any and all necessary zoning, permits and/or licenses for such construction. Neutral Tandem’s BellSouth Certified Supplier shall xxxx Neutral Tandem directly for all work performed for Neutral Tandem to comply with this Attachment. BellSouth shall have no liability for, nor responsibility to pay such charges imposed by Neutral Tandem’s BellSouth Certified Supplier. Neutral Tandem must provide the local BellSouth contact with two (2) cards, keys or other access devices used to gain entry into the locked enclosure. Except in this Agreementthe case of an emergency, BellSouth will not access Neutral Tandem’s locked enclosure prior to notifying Neutral Tandem 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 Neutral Tandem must submit its Adjacent Collocation” Arrangement construction plans and specifications to BellSouth when it places its Firm Order. BellSouth shall mean Collocation on Ameritechreview Neutral Tandem’s property in adjacent controlled environmental vaults plans and specifications prior to the construction of an Adjacent Arrangement to ensure Neutral Tandem’s compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the plans and specifications from Neutral Tandem for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement during and after construction is completed to ensure that it is constructed according to Neutral Tandem’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 Neutral Tandem’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after BellSouth has completed its inspection of Neutral Tandem’s Adjacent Arrangement, BellSouth shall require Neutral Tandem, at Neutral Tandem’s expense, to remove or similar structures (collectivelycorrect any structure that does not meet its submitted plans and specifications or BellSouth’s specifications, an “as applicable. 3.4.4 Neutral Tandem shall provide a concrete pad, the structure housing the Adjacent Structure”). Ameritech shall only be Arrangement, HVAC, lighting and all of the facilities that are required to provide Adjacent Collocation if technically feasibleconnect the structure (i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At Neutral Tandem’s option and subject to reasonable safety and maintenance requirementswhere the local authority having jurisdiction permits, zoning and other state and local regulations. Ameritech BellSouth shall provide an AC power source and Physical access to physical Collocation services and facilities in and to Adjacent Structures facilities, subject to the same nondiscrimination nondiscriminatory requirements as traditional those applicable to any other physical Collocation arrangementsarrangement. Requesting Carrier In Alabama, at Neutral Tandem’s request and expense, BellSouth will provide Direct Current (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. Neutral Tandem 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. Neutral Tandem’s BellSouth Certified Supplier shall be responsible responsible, at Neutral Tandem’s sole expense, for securing all required licenses and permits, filing the required site preparations documentation to obtain any and all necessary permits and/or licenses for an Adjacent Arrangement. BellSouth shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” allow Shared Caged Collocation within Ameritech’s Premises becomes operationalan Adjacent Arrangement, pursuant to the terms and conditions set forth in Section 3.3 above.

Appears in 1 contract

Samples: 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 Neutral Tandem or Neutral Tandem’s BellSouth Certified Supplier and must be in conformance with the provisions of BellSouth’s design and construction specifications. Further, Neutral Tandem 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 and only if there is no Unused Space for Physical Neutral Tandem requests Adjacent Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation pursuant to the extent technically feasibleconditions stated in Section 3.4 above, Neutral Tandem must arrange with a BellSouth Certified Supplier to construct or procure the Adjacent Arrangement structure in accordance with BellSouth’s specifications. As BellSouth will provide the appropriate specifications upon request. Where local building codes require specifications more stringent than BellSouth’s own specifications, Neutral Tandem and Neutral Tandem’s BellSouth Certified Supplier shall comply with the more stringent local building code requirements. Neutral Tandem’s BellSouth Certified Supplier shall be responsible for filing and obtaining any and all necessary zoning, permits and/or licenses for such construction. Neutral Tandem’s BellSouth Certified Supplier shall xxxx Neutral Tandem directly for all work performed for Neutral Tandem to comply with this Attachment. BellSouth shall have no liability for, nor responsibility to pay such charges imposed by Neutral Tandem’s BellSouth Certified Supplier. Neutral Tandem must provide the local BellSouth contact with two (2) cards, keys or other access devices used to gain entry into the locked enclosure. Except in this Agreementthe case of an emergency, BellSouth will not access Neutral Tandem’s locked enclosure prior to notifying Neutral Tandem 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 Neutral Tandem must submit its Adjacent Collocation” Arrangement construction plans and specifications to BellSouth when it places its Firm Order. BellSouth shall mean Collocation on Ameritechreview Neutral Tandem’s property in adjacent controlled environmental vaults plans and specifications prior to the construction of an Adjacent Arrangement to ensure Neutral Tandem’s compliance with BellSouth’s specifications. BellSouth shall complete its review within fifteen (15) days after receipt of the plans and specifications from Neutral Tandem for the Adjacent Arrangement. BellSouth may inspect the Adjacent Arrangement during and after construction is completed to ensure that it is constructed according to Neutral Tandem’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 Neutral Tandem’s written notification that the Adjacent Arrangement has been completed. Within seven (7) days after BellSouth has completed its inspection of Neutral Tandem’s Adjacent Arrangement, BellSouth shall require Neutral Tandem, at Neutral Tandem’s expense, to remove or similar structures (collectivelycorrect any structure that does not meet its submitted plans and specifications or BellSouth’s specifications, an “as applicable. 3.4.4 Neutral Tandem shall provide a concrete pad, the structure housing the Adjacent Structure”). Ameritech shall only be Arrangement, HVAC, lighting and all of the facilities that are required to provide Adjacent Collocation if technically feasibleconnect the structure (i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At Neutral Tandem’s option and subject to reasonable safety and maintenance requirementswhere the local authority having jurisdiction permits, zoning and other state and local regulations. Ameritech BellSouth shall provide an AC power source and Physical access to physical Collocation services and facilities in and to Adjacent Structures facilities, subject to the same nondiscrimination nondiscriminatory requirements as traditional those applicable to any other physical Collocation arrangements. Requesting Carrier shall be responsible for securing all required licenses and permits, the required site preparations and shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Collocation within Ameritech’s Premises becomes operationalarrangement.

Appears in 1 contract

Samples: Interconnection Agreement

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Adjacent Collocation. If and only if there is no Unused Space for Physical Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to BellSouth will provide Requesting Carrier Adjacent Collocation to the extent technically feasible. As used in this Agreement, “Adjacent Collocation” shall mean Collocation on Ameritech’s property adjacent collocation in adjacent controlled environmental vaults or similar structures to be constructed or otherwise procured by Maxcess (collectively, an “Adjacent StructureArrangement). Ameritech shall only be required to provide Adjacent Collocation if technically feasible) where space within the Premises is legitimately exhausted, and subject to reasonable safety technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office property and maintenance requirements, where permitted by zoning and other applicable state and local regulations. Ameritech The Adjacent Arrangement shall be constructed or procured by Maxcess and in conformance with BellSouth’s design and construction specifications. Further, Maxcess shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation. 3.4.1 Should Maxcess elect such option, Maxcess must arrange with a BellSouth certified contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, Maxcess and Maxcess’s contractor must comply with local building code requirements. Maxcess’ contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. Upon request BellSouth shall cooperate with Maxcess and provide, at Maxcess’s expense, the documentation necessary for Maxcess to obtain the zoning, permits and/or other licenses. BellSouth shall pass on to Maxcess the costs of providing the documentation. Maxcess’s BellSouth Certified Vendor shall bill Maxcess directly for all work performed for Maxcess pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the Certified Vendor. Maxcess must provide the local BellSouth building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access Maxcess’s locked enclosure prior to notifying Maxcess. 3.4.2 BellSouth maintains the right to review Maxcess’ plans and specifications prior to construction of an Adjacent Arrangement(s). If it is known upon review of Maxcess’s plans and specifications that BellSouth’s guidelines and specifications are not met, BellSouth will notify Maxcess as soon as possible. BellSouth may inspect the Adjacent Arrangement(s) following construction and prior to commencement, as defined in Section 4.1 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require Maxcess, at Maxcess’ sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Adjacent Arrangement, within five (5) business days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 Maxcess shall provide a concrete pad, the structure housing the arrangement, HVAC, lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of interconnection. At Maxcess’ option, BellSouth shall provide an AC power source and Physical Collocation access to physical collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination nondiscriminatory requirements as traditional Collocation arrangements. Requesting Carrier applicable to any other physical collocation arrangement. 3.4.4 BellSouth shall be responsible for securing all required licenses and permits, the required site preparations and shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure allow Shared (and any transmission and power connectionsSubleased) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Caged Collocation within Ameritech’s Premises becomes operationalan Adjacent Arrangement pursuant to the terms and conditions set forth in Section 3.3 preceding.

Appears in 1 contract

Samples: Collocation Agreement

Adjacent Collocation. If and only if there is no Unused Space for Physical Collocation, Requesting Carrier Qwest Communications Corporation may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Qwest Communications Corporation Adjacent Collocation to the extent technically feasible. As used in this Agreement, "Adjacent Collocation" shall mean Collocation on Ameritech’s 's property in adjacent controlled environmental vaults or similar structures (collectively, an "Adjacent Structure"). Ameritech shall only be required to provide Adjacent Collocation if technically feasible, and subject to reasonable safety and maintenance requirements, zoning and other state and local regulations. Ameritech shall provide power and Physical Collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination requirements as traditional Collocation arrangements. Requesting Carrier Qwest Communications Corporation shall be responsible for securing all required licenses and permits, the required site preparations and shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier Qwest Communications Corporation has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier Qwest Communications Corporation seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier Qwest Communications Corporation shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s 's Premises, and Requesting Carrier Qwest Communications Corporation elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier Qwest Communications Corporation shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “Qwest Communications Corporation's "replacement" Collocation within Ameritech’s 's Premises becomes operational.

Appears in 1 contract

Samples: Interconnection Agreement

Adjacent Collocation. If and only if there is no Unused Space for -------------------- Physical Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation to the extent technically feasible. As used in this Agreement, "Adjacent Collocation" shall mean Collocation on Ameritech’s 's property in adjacent controlled environmental vaults or similar structures (collectively, an "Adjacent Structure"). Ameritech shall only be required to provide Adjacent Collocation if technically feasible, and subject to reasonable safety and maintenance requirements, zoning and other state and local regulations. Ameritech shall provide power and Physical Collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination requirements as traditional Collocation arrangements. Requesting Carrier shall be responsible for securing all required licenses and permits, the required site preparations and shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a an Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s 's Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “'s "replacement" Collocation within Ameritech’s 's Premises becomes operational.

Appears in 1 contract

Samples: Interconnection Agreement (Madison River Capital LLC)

Adjacent Collocation. If and only if there is no Unused Space for Physical Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to BellSouth will provide Requesting Carrier Adjacent Collocation to the extent technically feasible. As used in this Agreement, adjacent collocation arrangements (“Adjacent Collocation” shall mean Collocation on Ameritech’s property in adjacent controlled environmental vaults or similar structures (collectivelyArrangement”) where space within the Central Office is legitimately exhausted, an “Adjacent Structure”). Ameritech shall only be required to provide Adjacent Collocation if technically feasible, and subject to reasonable safety technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Central Office property and maintenance requirements, where permitted by zoning and other applicable state and local regulations. Ameritech The Adjacent Arrangement shall be constructed or procured by OptiLink and in conformance with BellSouth’s design and construction specifications. Further, OptiLink shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation. 3.4.1 Should OptiLink elect such option, OptiLink must arrange with a BellSouth certified contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specification, OptiLink and OptiLink’s contractor must comply with local building code requirements. OptiLink’s contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. OptiLink’s BellSouth Certified Vendor shall xxxx OptiLink directly for all work performed for OptiLink pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by the Certified Vendor. OptiLink must provide the local BellSouth building contact with two cards, keys or other access device used to enter the locked enclosure. Except in cases of emergency, BellSouth shall not access OptiLink’s locked enclosure prior to notifying OptiLink. 3.4.2 BellSouth maintains the right to review OptiLink’s plans and specifications prior to construction of an Adjacent Arrangement(s). BellSouth may inspect the Adjacent Arrangement(s) following construction and prior to commencement, as defined in Section 4.1 following, to ensure the design and construction comply with BellSouth’s guidelines and specifications. BellSouth may require OptiLink, at OptiLink’s sole cost, to correct any deviations from BellSouth’s guidelines and specifications found during such inspection(s), up to and including removal of the Adjacent Arrangement, within five (5) business days of BellSouth’s inspection, unless the Parties mutually agree to an alternative time frame. 3.4.3 OptiLink shall provide a concrete pad, the structure housing the arrangement, HVAC, lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of interconnection. At OptiLink’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and Physical Collocation access to physical collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination nondiscriminatory requirements as traditional Collocation arrangementsapplicable to any other physical collocation arrangement. Requesting Carrier OptiLink’s contractor shall be responsible for securing filing and receiving any and all required necessary zoning, permits and/or licenses and permits, the required site preparations and for such arrangment. 3.4.4 BellSouth shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements, and provided Ameritech owns or controls the property in question, Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure allow Shared (and any transmission and power connectionsSubleased) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech, such owner or landlord. Requesting Carrier shall not place any signage or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises, and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation, then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Caged Collocation within Ameritech’s Premises becomes operationalan Adjacent Arrangement pursuant to the terms and conditions set forth in Section 3.3 preceeding.

Appears in 1 contract

Samples: Interconnection Agreement

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