Common use of Shared Physical Collocation Space Clause in Contracts

Shared Physical Collocation Space. (a) SBC-AMERITECH will make shared collocation cages available to CLEC. A shared collocation cage is a caged collocation space shared by two (2) or more collocators pursuant to the terms and conditions agreed to and between the collocators. In making shared Cage arrangements available, SBC-AMERITECH may not increase the cost of site preparation or nonrecurring charges above the cost of provisioning such a Cage of similar dimensions and material to a single collocating party. In those instances where SBC-AMERITECH receives applications simultaneously from multiple collocators who desire construction of a cage to be shared, SBC-AMERITECH will prorate the charge for site conditioning and preparation undertaken to construct the Shared Collocation Cage or condition the space, and allocate that charge to each collocator based upon the percentage of total space utilized by each collocator. (b) Except for certain charges identified as related to Shared Cage collocation, each collocator shall be billed separately and shall be able to order and provision separately. In the case of Shared Cage Collocation, SBC-AMERITECH shall xxxx XXXX for space. However, SBC-AMERITECH shall xxxx the other collocators in the shared cage for use of Network Elements and interconnection separately as required. Collocators located in a caged common collocation area shall have direct billing arrangements with SBC-AMERITECH for floor space and all other applicable interconnection arrangements. (c) If space for Shared Physical Collocation is immediately available at the time of CLEC’s and the sharing CLEC’s request, SBC- AMERITECH shall include in its notice to CLEC and the sharing CLEC: (i) the space to be provided, and (ii) whether SBC- AMERITECH can deliver the space by the date set forth in Section 12.15.4(e). (d) SBC-AMERITECH will not place unreasonable restrictions on a collocator’s use of a Cage, and as such will allow a collocator to contract with other collocators to share the Cage in a sublease-type arrangement. In a sublease-type arrangement, the initial collocator(s) shall charge any such co-collocator no more than the pro-rated share (based upon square footage used exclusively or in common) or SBC- AMERITECH’s charges to the initial collocator(s). If two (2) or more collocators who have interconnection agreements with SBC- AMERITECH utilize a shared collocation cage, SBC-AMERITECH will permit each collocator to order UNEs to and provision service from that shared collocation space, regardless of which collocator was the original collocator. (e) SBC-AMERITECH shall commit to deliver to CLEC and the sharing CLEC the requested space on or before a date (the “Committed Delivery Date”) which shall be the later of: (i) ninety (90) days from SBC-AMERITECH’s receipt of CLEC’s Initial COBO Payment, or

Shared Physical Collocation Space. (a) SBC-AMERITECH will make shared collocation cages available to CLEC. A shared collocation cage is a caged collocation space shared by two (2) or more collocators pursuant to the terms and conditions agreed to and between the collocators. In making shared Cage arrangements available, SBC-AMERITECH may not increase the cost of site preparation or nonrecurring charges above the cost of provisioning such a Cage of similar dimensions and material to a single collocating party. In those instances where SBC-AMERITECH receives applications simultaneously from multiple collocators who desire construction of a cage to be shared, SBC-AMERITECH SBC -AMERITECH will prorate the charge for site conditioning and preparation undertaken to construct the Shared Collocation Cage or condition the space, and allocate that charge to each collocator based upon the percentage of total space utilized by each collocator. (b) Except for certain charges identified as related to Shared Cage collocation, each collocator shall be billed separately and shall be able to order and provision separately. In the case of Shared Cage Collocation, SBC-AMERITECH shall xxxx XXXX for space. However, SBC-AMERITECH shall xxxx the other collocators in the shared cage for use of Network Elements and interconnection separately as required. Collocators located in a caged common collocation area shall have direct billing arrangements with SBC-AMERITECH for floor space and all other applicable interconnection arrangements. (c) If space for Shared Physical Collocation is immediately available at the time of CLEC’s and the sharing CLEC’s request, SBC- AMERITECH shall include in its notice to CLEC and the sharing CLEC: (i) the space to be provided, and (ii) whether SBC- AMERITECH can deliver the space by the date set forth in Section 12.15.4(e). (d) SBC-AMERITECH will not place unreasonable restrictions on a collocator’s use of a Cage, and as such will allow a collocator to contract with other collocators to share the Cage in a sublease-type arrangement. In a sublease-type arrangement, the initial collocator(s) shall charge any such co-collocator no more than the pro-rated share (based upon square footage used exclusively or in common) or SBC- AMERITECH’s charges to the initial collocator(s). If two (2) or more collocators who have interconnection agreements with SBC- AMERITECH utilize a shared collocation cage, SBC-AMERITECH will permit each collocator to order UNEs to and provision service from that shared collocation space, regardless of which collocator was the original collocator. (e) SBC-AMERITECH shall commit to deliver to CLEC and the sharing CLEC the requested space on or before a date (the “Committed Delivery Date”) which shall be the later of: (i) ninety (90) days from SBC-AMERITECH’s receipt of CLEC’s Initial COBO Payment, or

Shared Physical Collocation Space. (a) SBC-AMERITECH will make shared collocation cages available to CLEC. A shared collocation cage is a caged collocation space shared by two (2) or more collocators pursuant to the terms and conditions agreed to and between the collocators. In making shared Cage arrangements available, SBC-AMERITECH may not increase the cost of site preparation or nonrecurring charges above the cost of provisioning such a Cage of similar dimensions and material to a single collocating party. In those instances where SBC-AMERITECH receives applications simultaneously from multiple collocators who desire construction of a cage to be shared, SBC-AMERITECH will prorate the charge for site conditioning and preparation undertaken to construct the Shared Collocation Cage or condition the space, and allocate that charge to each collocator based upon the percentage of total space utilized by each collocator. (b) Except for certain charges identified as related to Shared Cage collocation, each collocator shall be billed separately and shall be able to order and provision separately. In the case of Shared Cage Collocation, SBC-AMERITECH shall xxxx XXXX for space. However, SBC-SBC- AMERITECH shall xxxx the other collocators in the shared cage for use of Network Elements and interconnection separately as required. Collocators located in a caged common collocation area shall have direct billing arrangements with SBC-AMERITECH for floor space and all other applicable interconnection arrangements. (c) If space for Shared Physical Collocation is immediately available at the time of CLEC’s and the sharing CLEC’s request, SBC- SBC-AMERITECH shall include in its notice to CLEC and the sharing CLEC: (i) the space to be provided, and (ii) whether SBC- SBC-AMERITECH can deliver the space by the date set forth in Section 12.15.4(e). (d) SBC-AMERITECH will not place unreasonable restrictions on a collocator’s use of a Cage, and as such will allow a collocator to contract with other collocators to share the Cage in a sublease-type arrangement. In a sublease-type arrangement, the initial collocator(s) shall charge any such co-collocator no more than the pro-rated share (based upon square footage used exclusively or in common) or SBC- SBC-AMERITECH’s charges to the initial collocator(s). If two (2) or more collocators who have interconnection agreements with SBC- SBC-AMERITECH utilize a shared collocation cage, SBC-AMERITECH will permit each collocator to order UNEs to and provision service from that shared collocation space, regardless of which collocator was the original collocator. (e) SBC-AMERITECH shall commit to deliver to CLEC and the sharing CLEC the requested space on or before a date (the “Committed Delivery Date”) which shall be the later of: (i) ninety (90) days from SBC-SBC- AMERITECH’s receipt of CLEC’s Initial COBO Payment, oror (ii) such other reasonable date that the Parties may agree upon. (f) SBC-AMERITECH will make Shared Physical Collocation space ordered available to CLEC and the sharing CLEC in fifty (50) square foot increments as fully described in Section 2.0 of Schedule 12.12. (g) If SBC-AMERITECH does not provide the shared collocated space by the Committed Delivery Date and such delay is caused directly by SBC- AMERITECH’s actions or its failure to act (and not by CLEC or sharing CLEC Delaying Event), SBC-AMERITECH shall provide the CLEC a credit of one one hundred twentieth (1/120th) of the COBO for each day after the applicable Delivery Date that such collocated space is not made available. (h) SBC-AMERITECH may begin billing CLEC, and the sharing CLEC, for recurring charges for their respective portions of the Shared Collocated space on the date such space is made available to CLEC and the sharing CLEC for occupancy (the “Occupancy Date”) if the Occupancy Date occurs after the Committed Delivery Date, or actual date on which CLEC begins to occupy the Collocated space if the Occupancy Date occurs after the Committed Delivery Date. There is no obligation on the part of CLEC, or the sharing CLEC, to begin paying for space if said space is delivered prior to the Committed Delivery Date and neither CLEC nor the sharing CLEC is ready to take possession. (i) CLEC and the sharing CLEC shall pay SBC-AMERITECH only a prorated cost for space preparation, security measures and other charges based on the percentage of total space actually used. (j) Shared Physical Collocation will be subject to the additional rules and regulations set forth in Schedule 12.16. (k) SBC-AMERITECH shall provide positive confirmation to CLEC, and the sharing CLEC, when construction of the shared Collocated space fifty percent (50%) completed. This confirmation shall also include confirmation of the scheduled completion date and Delivery Date. (l) At CLEC’s, or the sharing CLEC’s, request, SBC-AMERITECH shall provide, within three (3) months after receiving the Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where SBC-AMERITECH cannot feasibly provide these equipment node enclosures within such three (3) month period, SBC- AMERITECH shall notify CLEC and the sharing CLEC of this fact within ten (10) Business Days from the receipt of CLEC’s and the sharing CLEC’s request. The Parties shall then negotiate a reasonable time frame. (m) After completion of construction, CLEC, the sharing CLEC, and SBC- AMERITECH will complete an acceptance walkthrough of all shared Collocated space requested from SBC-AMERITECH. Exceptions that are noted during this acceptance walkthrough shall be corrected by SBC- AMERITECH within thirty (30) days after the walkthrough. SBC- AMERITECH shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from the original request for Collocation shall be at SBC-AMERITECH’s expense, subject to any change orders requested by CLEC, or the sharing CLEC. (n) For non-typical bay layouts for cageless collocation, SBC-AMERITECH shall provide Telephone Equipment detailed drawings depicting the exact location, type in cable termination requirements (i.e., connector type, number and type of pairs, naming convention), for SBC-AMERITECH Point of Termination Bay(s) to CLEC and the sharing CLEC within five (5) days of SBC-AMERITECH’s notice that collocation space is available. (o) SBC-AMERITECH shall provide Telephone Equipment detailed drawings depicting the exact path, with dimensions, for the CLEC and the sharing CLEC ingress and egress into the shared collocated space within five (5) business days of SBC-AMERITECH’s notice that shared collocation space is available. Such path and any areas around it in which CLEC must work to perform installation shall be free of friable asbestos, lead paint (unless encapsulated), radon, and other health or safety hazards.

Shared Physical Collocation Space. (a) SBC-AMERITECH SBC will make shared collocation cages available to CLEC. A shared collocation cage is a caged collocation space shared by two (2) or more collocators pursuant to the terms and conditions agreed to and between the collocators. In making shared Cage arrangements available, SBC-AMERITECH SBC may not increase the cost of site preparation or nonrecurring charges above the cost of provisioning such a Cage of similar dimensions and material to a single collocating party. In those instances where SBC-AMERITECH SBC receives applications simultaneously from multiple collocators who desire construction of a cage to be shared, SBC-AMERITECH SBC will prorate the charge for site conditioning and preparation undertaken to construct the Shared Collocation Cage or condition the space, and allocate that charge to each collocator based upon the percentage of total space utilized by each collocator. (b) Except for certain charges identified as related to Shared Cage collocation, each collocator shall be billed separately and shall be able to order and provision separately. In the case of Shared Cage Collocation, SBC-AMERITECH SBC shall xxxx XXXX for space. However, SBC-AMERITECH SBC shall xxxx the other collocators in the shared cage for use of Network Elements and interconnection separately as required. Collocators located in a caged common collocation area shall have direct billing arrangements with SBC-AMERITECH SBC for floor space and all other applicable interconnection arrangements. (c) If space for Shared Physical Collocation is immediately available at the time of CLEC’s and the sharing CLEC’s request, SBC- AMERITECH SBC shall include in its notice to CLEC and the sharing CLEC: (i) the space to be provided, and (ii) whether SBC- AMERITECH SBC can deliver the space by the date set forth in Section 12.15.4(e). (d) SBC-AMERITECH SBC will not place unreasonable restrictions on a collocator’s use of a Cage, and as such will allow a collocator to contract with other collocators to share the Cage in a sublease-type arrangement. In a sublease-type arrangement, the initial collocator(s) shall charge any such co-collocator no more than the pro-rated share (based upon square footage used exclusively or in common) or SBC- AMERITECHSBC’s charges to the initial collocator(s). If two (2) or more collocators who have interconnection agreements with SBC- AMERITECH SBC utilize a shared collocation cage, SBC-AMERITECH SBC will permit each collocator to order UNEs to and provision service from that shared collocation space, regardless of which collocator was the original collocator. (e) SBC-AMERITECH SBC shall commit to deliver to CLEC and the sharing CLEC the requested space on or before a date (the “Committed Delivery Date”) which shall be the later of: (i) ninety (90) days from SBC-AMERITECH’s receipt of CLEC’s Initial COBO Payment, oror (ii) such other reasonable date that the Parties may agree upon. (f) SBC will make Shared Physical Collocation space ordered available to CLEC and the sharing CLEC in fifty (50) square foot increments as fully described in Section 2.0 of Schedule 12.12. (g) If SBC does not provide the shared collocated space by the Committed Delivery Date and such delay is caused directly by SBC’s actions or its failure to act (and not by CLEC or sharing CLEC Delaying Event), SBC shall provide the CLEC a credit of one one hundred twentieth (1/120th) of the COBO for each day after the applicable Delivery Date that such collocated space is not made available. (h) SBC may begin billing CLEC, and the sharing CLEC, for recurring charges for their respective portions of the Shared Collocated space on the date such space is made available to CLEC and the sharing CLEC for occupancy (the “Occupancy Date”) if the Occupancy Date occurs after the Committed Delivery Date, or actual date on which CLEC begins to occupy the Collocated space if the Occupancy Date occurs after the Committed Delivery Date. There is no obligation on the part of CLEC, or the sharing CLEC, to begin paying for space if said space is delivered prior to the Committed Delivery Date and neither CLEC nor the sharing CLEC is ready to take possession. (i) CLEC and the sharing CLEC shall pay SBC only a prorated cost for space preparation, security measures and other charges based on the percentage of total space actually used. (j) Shared Physical Collocation will be subject to the additional rules and regulations set forth in Schedule 12.16. (k) SBC shall provide positive confirmation to CLEC, and the sharing CLEC, when construction of the shared Collocated space fifty percent (50%) completed. This confirmation shall also include confirmation of the scheduled completion date and Delivery Date. (l) At CLEC’s, or the sharing CLEC’s, request, SBC shall provide, within three (3) months after receiving the Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where SBC cannot feasibly provide these equipment node enclosures within such three (3) month period, SBC shall notify CLEC and the sharing CLEC of this fact within ten (10) Business Days from the receipt of CLEC’s and the sharing CLEC’s request. The Parties shall then negotiate a reasonable time frame. (m) After completion of construction, CLEC, the sharing CLEC, and SBC will complete an acceptance walkthrough of all shared Collocated space requested from SBC. Exceptions that are noted during this acceptance walkthrough shall be corrected by SBC within thirty (30) days after the walkthrough. SBC shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from the original request for Collocation shall be at SBC’s expense, subject to any change orders requested by CLEC, or the sharing CLEC. (n) For non-typical bay layouts for cageless collocation, SBC shall provide Telephone Equipment detailed drawings depicting the exact location, type in cable termination requirements (i.e., connector type, number and type of pairs, naming convention), for SBC Point of Termination Bay(s) to CLEC and the sharing CLEC within five (5) days of SBC’s notice that collocation space is available. (o) SBC shall provide Telephone Equipment detailed drawings depicting the exact path, with dimensions, for the CLEC and the sharing CLEC ingress and egress into the shared collocated space within five (5) business days of SBC’s notice that shared collocation space is available. Such path and any areas around it in which CLEC must work to perform installation shall be free of friable asbestos, lead paint (unless encapsulated), radon, and other health or safety hazards.

Shared Physical Collocation Space. (a) SBC-AMERITECH will make shared collocation cages available to CLEC. A shared collocation cage is a caged collocation space shared by two (2) or more collocators pursuant to the terms and conditions agreed to and between the collocators. In making shared Cage arrangements available, SBC-SBC- AMERITECH may not increase the cost of site preparation or nonrecurring charges above the cost of provisioning such a Cage of similar dimensions and material to a single collocating party. In those instances where SBC-SBC- AMERITECH receives applications simultaneously from multiple collocators who desire construction of a cage to be shared, SBC-SBC- AMERITECH will prorate the charge for site conditioning and preparation undertaken to construct the Shared Collocation Cage or condition the space, and allocate that charge to each collocator based upon the percentage of total space utilized by each collocator. (b) Except for certain charges identified as related to Shared Cage collocation, each collocator shall be billed separately and shall be able to order and provision separately. In the case of Shared Cage Collocation, SBC-SBC- AMERITECH shall xxxx XXXX for space. However, SBC-AMERITECH shall xxxx the other collocators in the shared cage for use of Network Elements and interconnection separately as required. Collocators located in a caged common collocation area shall have direct billing arrangements with SBC-AMERITECH for floor space and all other applicable interconnection arrangements. (c) If space for Shared Physical Collocation is immediately available at the time of CLEC’s and the sharing CLEC’s request, SBC- SBC-AMERITECH shall include in its notice to CLEC and the sharing CLEC: (i) the space to be provided, and (ii) whether SBC- SBC-AMERITECH can deliver the space by the date set forth in Section 12.15.4(e). (d) SBC-AMERITECH will not place unreasonable restrictions on a collocator’s use of a Cage, and as such will allow a collocator to contract with other collocators to share the Cage in a sublease-type arrangement. In a sublease-sublease- type arrangement, the initial collocator(s) shall charge any such co-collocator no more than the pro-rated share (based upon square footage used exclusively or in common) or SBC- SBC-AMERITECH’s charges to the initial collocator(s). If two (2) or more collocators who have interconnection agreements with SBC- SBC-AMERITECH utilize a shared collocation cage, SBC-SBC- AMERITECH will permit each collocator to order UNEs to and provision service from that shared collocation space, regardless of which collocator was the original collocator. (e) SBC-AMERITECH shall commit to deliver to CLEC and the sharing CLEC the requested space on or before a date (the “Committed Delivery Date”) which shall be the later of: (i) ninety (90) days from SBC-AMERITECH’s receipt of CLEC’s Initial COBO Payment, oror (ii) such other reasonable date that the Parties may agree upon. (f) SBC-AMERITECH will make Shared Physical Collocation space ordered available to CLEC and the sharing CLEC in fifty (50) square foot increments as fully described in Section 2.0 of Schedule 12.12. (g) If SBC-AMERITECH does not provide the shared collocated space by the Committed Delivery Date and such delay is caused directly by SBC- AMERITECH’s actions or its failure to act (and not by CLEC or sharing CLEC Delaying Event), SBC-AMERITECH shall provide the CLEC a credit of one one hundred twentieth (1/120th) of the COBO for each day after the applicable Delivery Date that such collocated space is not made available. (h) SBC-AMERITECH may begin billing CLEC, and the sharing CLEC, for recurring charges for their respective portions of the Shared Collocated space on the date such space is made available to CLEC and the sharing CLEC for occupancy (the “Occupancy Date”) if the Occupancy Date occurs after the Committed Delivery Date, or actual date on which CLEC begins to occupy the Collocated space if the Occupancy Date occurs after the Committed Delivery Date. There is no obligation on the part of CLEC, or the sharing CLEC, to begin paying for space if said space is delivered prior to the Committed Delivery Date and neither CLEC nor the sharing CLEC is ready to take possession. (i) CLEC and the sharing CLEC shall pay SBC-AMERITECH only a prorated cost for space preparation, security measures and other charges based on the percentage of total space actually used. (j) Shared Physical Collocation will be subject to the additional rules and regulations set forth in Schedule 12.16. (k) SBC-AMERITECH shall provide positive confirmation to CLEC, and the sharing CLEC, when construction of the shared Collocated space fifty percent (50%) completed. This confirmation shall also include confirmation of the scheduled completion date and Delivery Date. (l) At CLEC’s, or the sharing CLEC’s, request, SBC-AMERITECH shall provide, within three (3) months after receiving the Initial COBO Payment, equipment node enclosures at a height of eight (8) feet, without ceiling. Where SBC-AMERITECH cannot feasibly provide these equipment node enclosures within such three (3) month period, SBC-AMERITECH shall notify CLEC and the sharing CLEC of this fact within ten (10) Business Days from the receipt of CLEC’s and the sharing CLEC’s request. The Parties shall then negotiate a reasonable time frame. (m) After completion of construction, CLEC, the sharing CLEC, and SBC- AMERITECH will complete an acceptance walkthrough of all shared Collocated space requested from SBC-AMERITECH. Exceptions that are noted during this acceptance walkthrough shall be corrected by SBC- AMERITECH within thirty (30) days after the walkthrough. SBC- AMERITECH shall conduct a root cause analysis of all exceptions identified. The correction of these exceptions from the original request for Collocation shall be at SBC-AMERITECH’s expense, subject to any change orders requested by CLEC, or the sharing CLEC. (n) For non-typical bay layouts for cageless collocation, SBC-AMERITECH shall provide Telephone Equipment detailed drawings depicting the exact location, type in cable termination requirements (i.e., connector type, number and type of pairs, naming convention), for SBC-AMERITECH Point of Termination Bay(s) to CLEC and the sharing CLEC within five (5) days of SBC-AMERITECH’s notice that collocation space is available. (o) SBC-AMERITECH shall provide Telephone Equipment detailed drawings depicting the exact path, with dimensions, for the CLEC and the sharing CLEC ingress and egress into the shared collocated space within five (5) business days of SBC-AMERITECH’s notice that shared collocation space is available. Such path and any areas around it in which CLEC must work to perform installation shall be free of friable asbestos, lead paint (unless encapsulated), radon, and other health or safety hazards.