Common use of Allocation of Collocation Space Clause in Contracts

Allocation of Collocation Space. 12.9.1 CLEC may reserve Collocation Space for its future use in CBT's Premises in accordance with the provisions of this section. CBT may retain floor space for the specific future uses of CBT on terms no more favorable to CBT, or any of its Affiliates, than those that apply to CLEC seeking to reserve Collocation Space for its own future use. CBT shall notify CLEC in writing if another Telecommunications Carrier requests Collocation Space that is reserved by CLEC. CLEC shall, within five (5) Business Days of receipt of such notice, provide CBT either (i) written notice that CLEC relinquishes such space, or (ii) enforce its reservation of space in accordance with this section. Failure of CLEC to respond to CBT within the foregoing five (5) Business Day period shall be deemed an election by CLEC to relinquish such space. 12.9.2 Space for Physical Collocation may be reserved on the following basis: 12.9.2.1. CLEC may reserve additional space in a CBT Premises in which it has (or is ordering) Physical Collocation for permitted telecommunications-related equipment. 12.9.2.2. A reservation may be maintained only by the payment of a non-recurring charge to defray the administrative costs of the reservation system (“Reservation Charge”). 12.9.2.3. The reservation can be made for an amount of space no greater than the amount of active Physical Collocation space being utilized (or ordered) for Interconnection with and/or access to the Network Elements of CBT by CLEC in the particular Premises. 12.9.2.4. The reservation takes a priority based on the time at which it is made. 12.9.2.5. In the case of an order for Physical Collocation in an office in which all the unoccupied space is covered by reservations, all reservations will be prioritized by date. The holders(s) of the lowest-priority reservation(s) that, when considering all higher-priority reservations, still represent(s) available space sufficient to fill the order(s) for Physical Collocation (each, an “Option Party”) will be given the option of “enforcing” or relinquishing its (their) reservation(s). In this case, an Option Party may enforce its reservation by payment of the recurring Physical Collocation floor space charge otherwise applicable to the reserved space (in lieu of the non-recurring Reservation Charge) and occupying such space within the time limits specified in Section 12.12.11. The reservation will be maintained until the Physical Collocation arrangement in that office is terminated or the reservation is terminated, whichever comes first. A new reservation may be activated by payment of the Reservation Charge, but it will take a new priority based on the time of reactivation. If an Option Party decides to enforce its reservation in this manner, the holder(s) of the reservation(s) with the next-higher priority will be given the option of enforcing or relinquishing its (their) reservation(s).

Allocation of Collocation Space. 12.9.1 CLEC may reserve Collocation Space for its future use in CBT's Premises in accordance with the provisions of this section. CBT may retain floor space for the specific future uses of CBT on terms no more favorable to CBT, or any of its Affiliates, than those that apply to CLEC seeking to reserve Collocation Space for its own future use. CBT shall notify CLEC in writing if another Telecommunications Carrier requests Collocation Space that is reserved by CLEC. CLEC shall, within five (5) Business Days of receipt of such notice, provide CBT either (i) written notice that CLEC relinquishes such space, or (ii) enforce its reservation of space in accordance with this section. Failure of CLEC to respond to CBT within the foregoing five (5) Business Day period shall be deemed an election by CLEC to relinquish such space. 12.9.2 Space for Physical Collocation may be reserved on the following basis: 12.9.2.1. CLEC may reserve additional space in a CBT Premises in which it has (or is ordering) Physical Collocation for permitted telecommunications-related equipment. 12.9.2.2. A reservation may be maintained only by the payment of a non-non- recurring charge to defray the administrative costs of the reservation system (“Reservation Charge”). 12.9.2.3. The reservation can be made for an amount of space no greater than the amount of active Physical Collocation space being utilized (or ordered) for Interconnection with and/or access to the Network Elements of CBT by CLEC in the particular Premises. 12.9.2.4. The reservation takes a priority based on the time at which it is made. 12.9.2.5. In the case of an order for Physical Collocation in an office in which all the unoccupied space is covered by reservations, all reservations will be prioritized by date. The holders(s) of the lowest-priority reservation(s) that, when considering all higher-priority reservations, still represent(s) available space sufficient to fill the order(s) for Physical Collocation (each, an “Option Party”) will be given the option of “enforcing” or relinquishing its (their) reservation(s). In this case, an Option Party may enforce its reservation by payment of the recurring Physical Collocation floor space charge otherwise applicable to the reserved space (in lieu of the non-recurring Reservation Charge) and occupying such space within the time limits specified in Section 12.12.11. The reservation will be maintained until the Physical Collocation arrangement in that office is terminated or the reservation is terminated, whichever comes first. A new reservation may be activated by payment of the Reservation Charge, but it will take a new priority based on the time of reactivation. If an Option Party decides to enforce its reservation in this manner, the holder(s) of the reservation(s) with the next-higher priority will be given the option of enforcing or relinquishing its (their) reservation(s).

Allocation of Collocation Space. 12.9.1 CLEC may reserve Collocation Space for its future use in CBT's Premises in accordance with the provisions of this section. CBT may retain floor space for the specific future uses of CBT on terms no more favorable to CBT, or any of its Affiliates, than those that apply to CLEC seeking to reserve Collocation Space for its own future use. CBT shall notify CLEC in writing if another Telecommunications Carrier requests Collocation Space that is reserved by CLEC. CLEC shall, within five ten (510) Business Days of receipt of such notice, provide CBT either (i) written notice that CLEC relinquishes such space, or (ii) enforce its reservation of space in accordance with this section. Failure of CLEC to respond to CBT within the foregoing five ten (510) Business Day period shall be deemed an election by CLEC to relinquish such space. 12.9.2 Space for Physical Collocation may be reserved on the following basis: 12.9.2.1. CLEC may reserve additional space in a CBT Premises in which it has (or is ordering) Physical Collocation for permitted telecommunications-related equipment. 12.9.2.2. A reservation may be maintained only by the payment of a non-recurring charge to defray the administrative costs of the reservation system (“Reservation Charge”). 12.9.2.3. The reservation can be made for an amount of space no greater than the amount of active Physical Collocation space being utilized (or ordered) for Interconnection with and/or access to the Network Elements of CBT by CLEC in the particular Premises. 12.9.2.4. The reservation takes a priority based on the time at which it is made. 12.9.2.5. In the case of an order for Physical Collocation in an office in which all the unoccupied space is covered by reservations, all reservations will be prioritized by date. The holders(s) of the lowest-priority reservation(s) that, when considering all higher-priority reservations, still represent(s) available space sufficient to fill the order(s) for Physical Collocation (each, an “Option Party”) will be given the option of “enforcing” or relinquishing its (their) reservation(s). In this case, an Option Party may enforce its reservation by payment of the recurring Physical Collocation floor space charge otherwise applicable to the reserved space (in lieu of the non-recurring Reservation Charge) and occupying such space within the time limits specified in Section 12.12.11. The reservation will be maintained until the Physical Collocation arrangement in that office is terminated or the reservation is terminated, whichever comes first. A new reservation may be activated by payment of the Reservation Charge, but it will take a new priority based on the time of reactivation. If an Option Party decides to enforce its reservation in this manner, the holder(s) of the reservation(s) with the next-higher priority will be given the option of enforcing or relinquishing its (their) reservation(s).

Allocation of Collocation Space. 12.9.1 CLEC Sprint may reserve Collocation Space space for its future use in CBT's Premises in accordance with the provisions of this section. CBT may retain floor space for the specific future uses of CBT on terms no more favorable to CBT, or any of its Affiliates, than those that apply to CLEC seeking to reserve Collocation Space for its own future use. CBT shall notify CLEC Sprint in writing if another Telecommunications Carrier requests Collocation Space space that is reserved by CLECSprint. CLEC Sprint shall, within five (5) Business Days of receipt of such notice, provide CBT either (i) written notice that CLEC Sprint relinquishes such space, or (ii) enforce its reservation of space in accordance with this section. Failure of CLEC Sprint to respond to CBT within the foregoing five (5) Business Day period shall be deemed an election by CLEC Sprint to relinquish such space. 12.9.2 Space for Physical Collocation may be reserved on the following basis: 12.9.2.1. CLEC 12.9.2.1 Sprint may reserve additional space in a CBT Premises Central Office in which it has (or is ordering) Physical Collocation for permitted telecommunications-related equipment. 12.9.2.2. 12.9.2.2 A reservation may be maintained only by the payment of a non-non- recurring charge to defray the administrative costs of the reservation system (“Reservation Charge”). 12.9.2.3. 12.9.2.3 The reservation can be made for an amount of space no greater than the amount of active Physical Collocation space being utilized (or ordered) for Interconnection with and/or access to the Network Elements of CBT by CLEC Sprint in the particular PremisesCentral Office. 12.9.2.4. 12.9.2.4 The reservation takes a priority based on the time at which it is made. 12.9.2.5. 12.9.2.5 In the case of an order for Physical Collocation in an office in which all the unoccupied space is covered by reservations, all reservations will be prioritized by date. The holders(s) of the lowest-priority reservation(s) that, when considering all higher-priority reservations, still represent(s) available space sufficient to fill the order(s) for Physical Collocation (each, an “Option Party”) will be given the option of “enforcing” or relinquishing its (their) reservation(s). In this case, an Option Party may enforce its reservation by payment of the recurring Physical Collocation floor space charge otherwise applicable to the reserved space (in lieu of the non-recurring Reservation Charge) and occupying such space within the time limits specified in Section 12.12.11. The reservation will be maintained until the Physical Collocation arrangement in that office is terminated or the reservation is terminated, whichever comes first. A new reservation may be activated by payment of the Reservation Charge, but it will take a new priority based on the time of reactivation. If an Option Party decides to enforce its reservation in this manner, the holder(s) of the reservation(s) with the next-higher priority will be given the option of enforcing or relinquishing its (their) reservation(s). 12.9.2.6 If an Option Party declines to enforce its reservation as indicated above, the reservation is relinquished and the reservation payment is forfeited. A new reservation may be activated by payment of another Reservation Charge, but the new reservation will be given a priority based on the time CBT received the reactivation reservation and payment of another Reservation Charge. The holder(s) of the reservation(s) with the next-higher priority will be required to enforce or relinquish its (their) reservation(s) until such time as all Option Parties have either enforced or relinquished its (their) space reservation(s). 12.9.2.7 The holder of a valid reservation may place an order for Physical Collocation for the reserved space at any time. If there is sufficient unoccupied space to accommodate the order after subtracting space covered by reservations of higher priority, the order will be processed. If there is insufficient space to accommodate the order after subtracting space covered by valid reservations of Option Parties with higher priority that have been enforced, the holder's reservation shall be maintained. 12.9.2.8 CBT may reserve space in a Central Office on the following conditions: (a) The amount of space must be the least amount of space reasonably necessary for the provision of a communications-related service, including Interconnection and the provision of unbundled Network Elements. Except for space reserved for switch (including Tandem Switches and STPs) conversion and growth and for augmentation and conversion of mechanical and electrical support systems and building infrastructure, the reserved space must reasonably be anticipated to be used in three (3) years. (b) The total amount of space reserved cannot exceed the amount of space CBT is currently using in the Central Office. 12.9.2.9 CBT shall enforce its reservation in the same manner in which Sprint and other collocating Telecommunications Carriers shall be required to enforce their reservations. 12.9.3 CBT shall not be required to lease or construct additional space in a Premises to provide Sprint Physical Collocation when existing space in such Premises has been exhausted. 12.9.4 Sprint will provide CBT with a two (2)-year rolling forecast of its estimated requirements for Collocation that will be reviewed jointly on a yearly basis by the Parties. By the end of the third Contract Month after the Effective Date, Sprint and CBT shall jointly develop a planning process for meeting Sprint's space and intraoffice facility requirements, which shall include the procedures to be followed for the Sprint quarterly forecast of anticipated additional power requirements. CBT will attempt to deliver Collocation pursuant to Sprint's forecasts to the extent that Collocation space is then available.