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 ALEC Inc., and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., 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 ALEC Inc., elect such option, ALEC Inc., 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, ALEC Inc., and ALEC Inc.,’s Certified Contractor must comply with the more stringent local building code requirements. ALEC Inc.,’s Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,’s Certified Contractor shall bill ALEC Inc., directly for all work performed for ALEC Inc., pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified Contractor. ALEC Inc., 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 ALEC Inc.,’s locked enclosure prior to notifying ALEC Inc.,. 3.3.2 ALEC Inc., must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to review ALEC Inc.,’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 ALEC Inc.,’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc., to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications. 3.3.3 ALEC Inc., shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,’s Certified Contractor shall be responsible, at ALEC Inc.,’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement. 3.3.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth herein.
Appears in 2 contracts
Samples: Bellsouth® / Clec Agreement, Interconnection 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 ALEC Inc., DSLi and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., DSLi 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 3.4.1 Should ALEC Inc., DSLi elect such option, ALEC Inc., DSLi must arrange with a Certified Contractor Supplier 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, ALEC Inc., DSLi and ALEC Inc.,DSLi’s Certified Contractor Supplier must comply with the more stringent local building code requirements. ALEC Inc.,DSLi’s Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,DSLi’s Certified Contractor Supplier shall bill ALEC Inc., xxxx DSLi directly for all work performed for ALEC Inc., DSLi pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified ContractorDSLi’s Certified Supplier. ALEC Inc., DSLi 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 ALEC Inc.,DSLi’s locked enclosure prior to notifying ALEC Inc.,DSLi.
3.3.2 ALEC Inc., 3.4.2 DSLi must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to shall review ALEC Inc.,DSLi’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 ALEC Inc.,’s days after receipt of plans and specifications prior to construction, then specifications. BellSouth will have the right to inspect the Adjacent Arrangement during and after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc., DSLi to remove or correct within seven (7) calendar days at ALEC Inc.,DSLi’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications.
3.3.3 ALEC Inc., 3.4.3 DSLi shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,DSLi’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and Version 3Q01: 10/22/01 facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,In Louisiana, BellSouth will provide DC power to Adjacent Collocation sites where technically feasible, as that term has been defined by the FCC. DSLi’s Certified Contractor Supplier shall be responsible, at ALEC Inc.,DSLi’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 . BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth herein.
Appears in 2 contracts
Samples: Clec Agreement, Clec 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 ALEC Inc., and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., 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 ALEC Inc., elect such option, ALEC Inc., 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, ALEC Inc., and ALEC Inc.,’s Certified Contractor must comply with the more stringent local building code requirements. ALEC Inc.,’s Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,’s Certified Contractor shall bill ALEC xxxx XXXX Inc., directly for all work performed for ALEC Inc., pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.ALEC Inc.,’sCertified Contractor. ALEC Inc., 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 ALEC Inc.,’s locked enclosure prior to notifying ALEC Inc.,.
3.3.2 ALEC Inc., must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to review ALEC Inc.,’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 ALEC Inc.,’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc., to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications.
3.3.3 ALEC Inc., shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,’s Certified Contractor shall be responsible, at ALEC Inc.,’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth herein.
Appears in 2 contracts
Samples: Interconnection Agreement, Bellsouth® / Clec 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, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyproperty and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., LCT and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., LCT shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.3.1 3.5.1 Should ALEC Inc., LCT elect such option, ALEC Inc., LCT 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, ALEC Inc., LCT and ALEC Inc.,LCT’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. ALEC Inc.,LCT’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,LCT’s BellSouth Certified Contractor shall bill ALEC Inc., xxxx LCT directly for all work performed for ALEC Inc., LCT pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified the BellSouth Certified Contractor. ALEC Inc., LCT 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 ALEC Inc.,LCT’s locked enclosure prior to notifying ALEC Inc.,LCT.
3.3.2 ALEC Inc., 3.5.2 LCT must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to review ALEC Inc.,LCT’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 ALEC Inc.,LCT’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,LCT’s plans and specifications prior to construction, ALEC Inc., LCT will be entitled to request BellSouth to review; and in the event ALEC Inc., LCT 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 ALEC Inc., LCT to remove or correct within seven (7) calendar days at ALEC Inc.,LCT’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications.
3.3.3 ALEC Inc., 3.5.3 LCT shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,LCT’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,LCT’s BellSouth Certified Contractor shall be responsible, at ALEC Inc.,’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.4 preceding.
Appears in 1 contract
Samples: Interconnection Agreement
Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will permit provide adjacent collocation arrangements (“Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Premises Central Office is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., CTSI and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., CTSI shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation.
3.3.1 3.4.1 Should ALEC Inc., CTSI elect such option, ALEC Inc., CTSI must arrange with a Certified Contractor 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, ALEC Inc., CTSI and ALEC Inc.,CTSI’s Certified Contractor contractor must comply with the more stringent local building code requirements. ALEC Inc.,CTSI’s Certified Contractor contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,CTSI’s BellSouth Certified Contractor Vendor shall bill ALEC Inc., xxxx CTSI directly for all work performed for ALEC Inc., CTSI pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified Contractorthe Certified Vendor. ALEC Inc., CTSI 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 ALEC Inc.,CTSI’s locked enclosure prior to notifying ALEC Inc.,CTSI.
3.3.2 ALEC Inc., must submit its plans and specifications to 3.4.2 BellSouth with its Firm Order. BellSouth may elect maintains the right to review ALEC Inc.,CTSI’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 ALEC Inc.,’s plans and specifications prior to construction, then BellSouth will have the right to may inspect the Adjacent Arrangement after Arrangement(s) following construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to constructioncommencement, ALEC Inc.as defined in Section 4.1 following, will be entitled to request BellSouth to review; ensure the design and in the event ALEC Inc., 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 comply with BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc.CTSI, at CTSI’s sole cost, to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet these plans and specifications or, where applicable, deviations from BellSouth’s guidelines and specificationsspecifications 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.
3.3.3 ALEC Inc., 3.4.3 CTSI shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At ALEC Inc.,CTSI’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,CTSI’s Certified Contractor contractor shall be responsible, at ALEC Inc.,’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangementarrangment.
3.3.4 3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.3 preceeding.
Appears in 1 contract
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 ALEC Inc., DSLi and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., DSLi 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 3.4.1 Should ALEC Inc., DSLi elect such option, ALEC Inc., DSLi must arrange with a Certified Contractor Supplier 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, ALEC Inc., DSLi and ALEC Inc.,DSLi’s Certified Contractor Supplier must comply with the more stringent local building code requirements. ALEC Inc.,DSLi’s Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,DSLi’s Certified Contractor Supplier shall bill ALEC Inc., DSLi directly for all work performed for ALEC Inc., DSLi pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified ContractorDSLi’s Certified Supplier. ALEC Inc., DSLi 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 ALEC Inc.,DSLi’s locked enclosure prior to notifying ALEC Inc.,DSLi.
3.3.2 ALEC Inc., 3.4.2 DSLi must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to shall review ALEC Inc.,DSLi’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 ALEC Inc.,’s days after receipt of plans and specifications prior to construction, then specifications. BellSouth will have the right to inspect the Adjacent Arrangement during and after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc., DSLi to remove or correct within seven (7) calendar days at ALEC Inc.,DSLi’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications.
3.3.3 ALEC Inc., 3.4.3 DSLi shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,DSLi’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and Version 3Q01: 10/22/01 facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,In Louisiana, BellSouth will provide DC power to Adjacent Collocation sites where technically feasible, as that term has been defined by the FCC. DSLi’s Certified Contractor Supplier shall be responsible, at ALEC Inc.,DSLi’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 . BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth herein.
Appears in 1 contract
Samples: Clec Agreement
Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth XxxxXxxxx will permit adjacent collocation arrangements (“Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Premises is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyproperty and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., WinStar and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., WinStar shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this AttachmentExhibit. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.3.1 3.5.1 Should ALEC Inc., WinStar elect such option, ALEC Inc., WinStar 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, ALEC Inc., WinStar and ALEC Inc.,WinStar’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. ALEC Inc.,WinStar’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,WinStar’s BellSouth Certified Contractor shall bill ALEC Inc., WinStar directly for all work performed for ALEC Inc., WinStar pursuant to this Attachment Exhibit and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified the BellSouth Certified Contractor. ALEC Inc., WinStar 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 ALEC Inc.,WinStar’s locked enclosure prior to notifying ALEC Inc.,WinStar.
3.3.2 ALEC Inc., 3.5.2 WinStar must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to review ALEC Inc.,WinStar’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 ALEC Inc.,WinStar’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,WinStar’s plans and specifications prior to construction, ALEC Inc., WinStar will be entitled to request BellSouth to review; and in the event ALEC Inc., WinStar 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 ALEC Inc., WinStar to remove or correct within seven (7) calendar days at ALEC Inc.,WinStar’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications.
3.3.3 ALEC Inc., 3.5.3 WinStar shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,WinStar’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,WinStar’s BellSouth Certified Contractor shall be responsible, at ALEC Inc.,’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.4 preceding.
Appears in 1 contract
Samples: Interconnection Agreement
Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will permit provide adjacent collocation arrangements (“"Adjacent Arrangement”") on the Premises’ property where physical collocation space within the Premises Central Office is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., Pathnet and in conformance with BellSouth’s 's design and construction specifications. Further, ALEC Inc., Pathnet shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this AttachmentAgreement. Rates shall be negotiated at the time of the request for Adjacent Collocation.
3.3.1 3.4.1 Should ALEC Inc., Pathnet elect such option, ALEC Inc., Pathnet must arrange with a Certified Contractor BellSouth certified contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s 's guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s 's standard specification, ALEC Inc., Pathnet and ALEC Inc.,’s Certified Contractor Pathnet's contractor must comply with the more stringent local building code requirements. ALEC Inc.,’s Certified Contractor Pathnet's contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,’s Pathnet's BellSouth Certified Contractor Vendor shall bill ALEC Inc., Xxxhnet directly for all work performed for ALEC Inc., Pathnet pursuant to this Attachment Agreement and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified Contractorthe Certified Vendor. ALEC Inc., Pathnet 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 ALEC Inc.,’s Pathnet's locked enclosure prior to notifying ALEC Inc.,Pathnet.
3.3.2 ALEC Inc., must submit its plans and specifications to 3.4.2 BellSouth with its Firm Order. BellSouth may elect maintains the right to review ALEC Inc.,’s Pathnet'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 ALEC Inc.,’s plans and specifications prior to construction, then BellSouth will have the right to may inspect the Adjacent Arrangement after Arrangement(s) following construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to constructioncommencement, ALEC Inc.as defined in Section 4.1 following, will be entitled to request BellSouth to review; ensure the design and in the event ALEC Inc., 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 comply with BellSouth’s 's guidelines and specifications. BellSouth may require ALEC Inc.Pathnet, at Pathnet's sole cost, to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet these plans deviations from BellSouth's guidelines and specifications orfound during such inspection(s), where applicableup to and including removal of the Adjacent Arrangement, within five (5) business days of BellSouth’s guidelines and specifications's inspection, unless the Parties mutually agree to an alternative time frame.
3.3.3 ALEC Inc., 3.4.3 Pathnet shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At ALEC Inc.,’s Pathnet's option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,’s Certified Contractor shall be responsible, at ALEC Inc.,’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.3 proceeding.
Appears in 1 contract
Samples: Collocation Agreement (Pathnet Telecommunications Inc)
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, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyproperty and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., Xxxxxxxx.xxx and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., Xxxxxxxx.xxx shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.3.1 3.5.1 Should ALEC Inc., Xxxxxxxx.xxx elect such option, ALEC Inc., Xxxxxxxx.xxx 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, ALEC Inc., Xxxxxxxx.xxx and ALEC Inc.,Xxxxxxxx.xxx’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. ALEC Inc.,Xxxxxxxx.xxx’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,Xxxxxxxx.xxx’s BellSouth Certified Contractor shall bill ALEC Inc., xxxx Xxxxxxxx.xxx directly for all work performed for ALEC Inc., Xxxxxxxx.xxx pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified the BellSouth Certified Contractor. ALEC Inc., Xxxxxxxx.xxx 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 ALEC Inc.,Xxxxxxxx.xxx’s locked enclosure prior to notifying ALEC Inc.,Xxxxxxxx.xxx.
3.3.2 ALEC Inc., must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to review ALEC Inc.,’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 ALEC Inc.,’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc., to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications.
3.3.3 ALEC Inc., shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,’s Certified Contractor shall be responsible, at ALEC Inc.,’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth herein.
Appears in 1 contract
Samples: Interconnection Agreement
Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will permit an adjacent collocation arrangements arrangement (“Adjacent Arrangement”) on the Premises’ property where physical collocation only when space within the Premises is legitimately exhausted, exhausted and where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises Premises’ property. The An Adjacent Arrangement shall be constructed or procured by ALEC Inc., Teleconex and must be in conformance with BellSouth’s design and construction specificationsSpecifications. Further, ALEC Inc., Teleconex 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 ALEC Inc.3.4.1 If Teleconex requests Adjacent Collocation, elect such optionpursuant to the conditions stated in 3.4 above, ALEC Inc., Teleconex must arrange with a BellSouth Certified Contractor Supplier to construct an the Adjacent Arrangement structure in accordance with BellSouth’s guidelines and specificationsSpecifications. BellSouth will provide guidelines and specifications Specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s standard specificationSpecifications, ALEC Inc., Teleconex and ALEC Inc.,Teleconex’s BellSouth Certified Contractor Supplier must comply with the more stringent local building code requirements. ALEC Inc.,Teleconex’s BellSouth Certified Contractor Supplier shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,Teleconex’s BellSouth Certified Contractor Supplier shall bill ALEC Inc., Teleconex directly for all work performed for ALEC Inc., Teleconex pursuant to this Attachment and Attachment. BellSouth shall have no liability for for, nor responsibility to pay pay, such charges imposed by XXXX Xxx.,’sCertified ContractorTeleconex’s BellSouth Certified Supplier. ALEC Inc., Teleconex must provide the local BellSouth Central Office building contact with two cards, keys or other access device devices used to enter gain entry into the locked enclosure. Except in cases the case Version 1Q03: 02/28/03 of an emergency, BellSouth shall will not access ALEC Inc.,Teleconex’s locked enclosure prior to notifying ALEC Inc.,Teleconex at least forty-eight (48) hours or two (2) business days, whichever is greater, before access to the Collocation Space is required.
3.3.2 ALEC Inc., 3.4.2 Teleconex must submit its Adjacent Arrangement construction plans and specifications to BellSouth with when it places its Firm Order. BellSouth may elect to shall review ALEC Inc.,Teleconex’s plans and specifications prior to construction of an Adjacent Arrangement(s) to ensure Teleconex’s compliance with BellSouth’s guidelines and specificationsSpecifications. BellSouth shall complete its review within fifteen (15) calendar days. If BellSouth reviews ALEC Inc.,’s days after receipt of the plans and specifications prior to construction, then from Teleconex for the Adjacent Arrangement. BellSouth will have the right to may inspect the Adjacent Arrangement during and after construction is completed to make sure ensure that it is constructed according to the Teleconex’s submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right decides to inspect the completed Adjacent Arrangement Arrangement, BellSouth will complete its inspection within fifteen (15) calendar days after construction to make sure it is constructed according to BellSouth’s guidelines and specificationsreceipt of written notification of completion of the enclosure from Teleconex. BellSouth may shall require ALEC Inc., Teleconex to remove or correct within seven (7) calendar days at ALEC Inc.,Teleconex’s expense expense, any structure that does not meet these its submitted plans and specifications or, where applicable, or BellSouth’s guidelines and specificationsSpecifications, if applicable.
3.3.3 ALEC Inc., 3.4.3 Teleconex shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all of the facilities that are required to connect the structure (i.e. i.e., racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,Teleconex’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities facilities, subject to the same nondiscriminatory requirements as those applicable to any other physical collocation arrangement. ALEC Inc.,In Alabama and Louisiana, BellSouth will provide DC power to Adjacent Collocation sites where technically feasible, as that term has been defined by the FCC subject to individual case basis pricing. Teleconex’s BellSouth Certified Contractor Supplier shall be responsible, at ALEC Inc.,Teleconex’s sole expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 an Adjacent Arrangement. BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement Arrangement, pursuant to the terms and conditions set forth hereinin 3.3 above.
Appears in 1 contract
Samples: Clec Agreement
Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will permit provide adjacent collocation arrangements (“Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Premises Central Office is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., Adelphia and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., Xxxxxxxx shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation.
3.3.1 3.4.1 Should ALEC Inc., Adelphia elect such option, ALEC Inc., Xxxxxxxx must arrange with a Certified Contractor 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, ALEC Inc., Adelphia and ALEC Inc.,Xxxxxxxx’s Certified Contractor contractor must comply with the more stringent local building code requirements. ALEC Inc.,Xxxxxxxx’s Certified Contractor contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,Xxxxxxxx’s BellSouth Certified Contractor Vendor shall bill ALEC Inc., xxxx Xxxxxxxx directly for all work performed for ALEC Inc., Xxxxxxxx pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified Contractorthe Certified Vendor. ALEC Inc., Adelphia 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 ALEC Inc.,Xxxxxxxx’s locked enclosure prior to notifying ALEC Inc.,Adelphia.
3.3.2 ALEC Inc., must submit its plans and specifications to 3.4.2 BellSouth with its Firm Order. BellSouth may elect maintains the right to review ALEC Inc.,Xxxxxxxx’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 ALEC Inc.,’s plans and specifications prior to construction, then BellSouth will have the right to may inspect the Adjacent Arrangement after Arrangement(s) following construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to constructioncommencement, ALEC Inc.as defined in Section 4.1 following, will be entitled to request BellSouth to review; ensure the design and in the event ALEC Inc., 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 comply with BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc.Adelphia, at Xxxxxxxx’s sole cost, to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet these plans and specifications or, where applicable, deviations from BellSouth’s guidelines and specificationsspecifications 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.
3.3.3 ALEC Inc., 3.4.3 Adelphia shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At ALEC Inc.,Adelphia’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,’s Certified Contractor shall be responsible, at ALEC Inc.,’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.3 proceeding.
Appears in 1 contract
Samples: Interconnection Agreement
Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will permit provide adjacent collocation arrangements (“Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Premises is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyproperty and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., CLEC-1 and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., CLEC-1 shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.3.1 3.4.1 Should ALEC Inc., CLEC-1 elect such option, ALEC Inc., CLEC-1 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, ALEC Inc., CLEC-1 and ALEC Inc.,CLEC-1’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. ALEC Inc.,CLEC-1’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,CLEC-1’s BellSouth Certified Contractor shall bill ALEC Inc., xxxx XXXX-1 directly for all work performed for ALEC Inc., CLEC-1 pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified the BellSouth Certified Contractor. ALEC Inc., CLEC-1 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 ALEC Inc.,CLEC-1’s locked enclosure prior to notifying ALEC Inc.,CLEC-1.
3.3.2 ALEC Inc., must submit its plans and specifications to 3.4.2 BellSouth with its Firm Order. BellSouth may elect maintains the right to review ALEC Inc.,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 complete its review within fifteen (15) calendar days. If BellSouth reviews ALEC Inc.,’s plans and specifications prior to construction, then BellSouth will have the right to may inspect the Adjacent Arrangement after Arrangement(s) following construction to make sure it is constructed according and prior to the submitted plans Commencement Date, as defined in Section 4.1 following, to ensure the design and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to comply with BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc.CLEC-1, at CLEC-1’s sole cost, to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet these plans and specifications or, where applicable, deviations from BellSouth’s guidelines and specificationsspecifications 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.
3.3.3 ALEC Inc., 3.4.3 CLEC-1 shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At ALEC Inc.,CLEC- 1’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,CLEC-1’s BellSouth Certified Contractor shall be responsible, at ALEC Inc.,’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 3.5.1 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.3 preceding.
Appears in 1 contract
Samples: Interconnection Agreement
Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will permit provide adjacent collocation arrangements (“"Adjacent Arrangement”") on the Premises’ property where physical collocation space within the Premises Central Office is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., ITC/\DeltaCom and in conformance with BellSouth’s 's design and construction specifications. Further, ALEC Inc., ITC/\DeltaCom shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this AttachmentAgreement. Rates shall be negotiated at the time of the request for Adjacent Collocation.
3.3.1 3.4.1 Should ALEC Inc., ITC/\DeltaCom elect such option, ALEC Inc., ITC/\DeltaCom must arrange with a Certified Contractor BellSouth certified contractor to construct an Adjacent Arrangement structure in accordance with BellSouth’s 's guidelines and specifications. BellSouth will provide guidelines and specifications upon request. Where local building codes require enclosure specifications more stringent than BellSouth’s 's standard specification, ALEC Inc., ITC/\DeltaCom and ALEC Inc.,’s Certified Contractor ITC/\DeltaCom's contractor must comply with the more stringent local building code requirements. ALEC Inc.,’s Certified Contractor ITC/\DeltaCom's contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,’s ITC/\DeltaCom's BellSouth Certified Contractor Vendor shall bill ALEC Inc., xxxx ITC/\DeltaCom directly for all work performed for ALEC Inc., ITC/\DeltaCom pursuant to this Attachment Agreement and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified Contractorthe Certified Vendor. ALEC Inc., 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 ALEC Inc.,’s locked enclosure prior to notifying ALEC Inc.,.
3.3.2 ALEC Inc., must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to review ALEC Inc.,’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 ALEC Inc.,’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to construction, ALEC Inc., will be entitled to request BellSouth to review; and in the event ALEC Inc., does not request a BellSouth review, BellSouth shall have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc., to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications.
3.3.3 ALEC Inc., shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,’s Certified Contractor shall be responsible, at ALEC Inc.,’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth herein.Florida
Appears in 1 contract
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, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyproperty and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., BTC and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., BTC shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for the Adjacent Arrangement.
3.3.1 3.5.1 Should ALEC Inc., BTC elect such option, ALEC Inc., BTC 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, ALEC Inc., BTC and ALEC Inc.,BTC’s BellSouth Certified Contractor must comply with the more stringent local building code requirements. ALEC Inc.,BTC’s BellSouth Certified Contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,BTC’s BellSouth Certified Contractor shall bill ALEC Inc., xxxx BTC directly for all work performed for ALEC Inc., BTC pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified the BellSouth Certified Contractor. ALEC Inc., BTC 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 ALEC Inc.,BTC’s locked enclosure prior to notifying ALEC Inc.,BTC.
3.3.2 ALEC Inc., 3.5.2 BTC must submit its plans and specifications to BellSouth with its Firm Order. BellSouth may elect to review ALEC Inc.,BTC’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 ALEC Inc.,BTC’s plans and specifications prior to construction, then BellSouth will have the right to inspect the Adjacent Arrangement after construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,BTC’s plans and specifications prior to construction, ALEC Inc., BTC will be entitled to request BellSouth to review; and in the event ALEC Inc., BTC 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 ALEC Inc., BTC to remove or correct within seven (7) calendar days at ALEC Inc.,BTC’s expense any structure that does not meet these plans and specifications or, where applicable, BellSouth’s guidelines and specifications.
3.3.3 ALEC Inc., 3.5.3 BTC shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcation. At ALEC Inc.,BTC’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,BTC’s BellSouth Certified Contractor shall be responsible, at ALEC Inc.,’s expense, responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 3.5.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.4 preceding.
Appears in 1 contract
Samples: Interconnection Agreement
Adjacent Collocation. Subject to technical feasibility and space availability, BellSouth will permit provide adjacent collocation arrangements (“Adjacent Arrangement”) on the Premises’ property where physical collocation space within the Premises Central Office is legitimately exhausted, subject to technical feasibility, where the Adjacent Arrangement does not interfere with access to existing or planned structures or facilities on the Premises propertyCentral Office property and where permitted by zoning and other applicable state and local regulations. The Adjacent Arrangement shall be constructed or procured by ALEC Inc., COMPASS and in conformance with BellSouth’s design and construction specifications. Further, ALEC Inc., COMPASS shall construct, procure, maintain and operate said Adjacent Arrangement(s) pursuant to all of the rates, terms and conditions set forth in this Attachment. Rates shall be negotiated at the time of the request for Adjacent Collocation.
3.3.1 3.4.1 Should ALEC Inc., COMPASS elect such option, ALEC Inc., COMPASS must arrange with a Certified Contractor 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, ALEC Inc., COMPASS and ALEC Inc.,COMPASS’s Certified Contractor contractor must comply with the more stringent local building code requirements. ALEC Inc.,COMPASS’s Certified Contractor contractor shall be responsible for filing and receiving any and all necessary zoning, permits and/or licenses for such construction. ALEC Inc.,COMPASS’s BellSouth Certified Contractor Vendor shall bill ALEC Inc., xxxx COMPASS directly for all work performed for ALEC Inc., COMPASS pursuant to this Attachment and BellSouth shall have no liability for nor responsibility to pay such charges imposed by XXXX Xxx.,’sCertified Contractorthe Certified Vendor. ALEC Inc., COMPASS 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 ALEC Inc.,COMPASS’s locked enclosure prior to notifying ALEC Inc.,COMPASS.
3.3.2 ALEC Inc., must submit its plans and specifications to 3.4.2 BellSouth with its Firm Order. BellSouth may elect maintains the right to review ALEC Inc.,COMPASS’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 ALEC Inc.,’s plans and specifications prior to construction, then BellSouth will have the right to may inspect the Adjacent Arrangement after Arrangement(s) following construction to make sure it is constructed according to the submitted plans and specifications. If BellSouth elects not to review ALEC Inc.,’s plans and specifications prior to constructioncommencement, ALEC Inc.as defined in Section 4.1 following, will be entitled to request BellSouth to review; ensure the design and in the event ALEC Inc., 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 comply with BellSouth’s guidelines and specifications. BellSouth may require ALEC Inc.COMPASS, at COMPASS’s sole cost, to remove or correct within seven (7) calendar days at ALEC Inc.,’s expense any structure that does not meet these plans and specifications or, where applicable, deviations from BellSouth’s guidelines and specificationsspecifications 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.
3.3.3 ALEC Inc., 3.4.3 COMPASS shall provide a concrete pad, the structure housing the arrangement, heating/ventilation/air conditioning (“HVAC”), lighting, and all facilities that connect the structure (i.e. racking, conduits, etc.) to the BellSouth point of demarcationinterconnection. At ALEC Inc.,COMPASS’s option, and where the local authority having jurisdiction permits, BellSouth shall provide an AC power source and access to physical collocation services and facilities subject to the same nondiscriminatory requirements as applicable to any other physical collocation arrangement. ALEC Inc.,’s Certified Contractor shall be responsible, at ALEC Inc.,’s expense, for filing and receiving any and all necessary zoning, permits and/or licenses for such arrangement.
3.3.4 3.4.4 BellSouth shall allow Shared (Subleased) Caged Collocation within an Adjacent Arrangement pursuant to the terms and conditions set forth hereinin Section 3.3 proceeding.
Appears in 1 contract
Samples: Interconnection Agreement