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Bright House Networks Information Services ... - AT&T Clec Online

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Version 4Q01: 12/01/01<br />

Attachment 4-Central Office<br />

Page 16<br />

Fide and if it is not Bona Fide the items necessary to cause the Application to become<br />

Bona Fide.<br />

6.6 Denial of Application. If AT&T notifies BHN that no space is available (“Denial of<br />

Application”), AT&T will not assess an Application Fee. After notifying BHN that<br />

AT&T has no available space in the requested Premises, AT&T will allow BHN, upon<br />

request, to tour the entire Premises within ten (10) calendar days of such Denial of<br />

Application. In order to schedule said tour within ten (10) calendar days, the request<br />

for a tour of the Premises must be received by AT&T within five (5) calendar days of<br />

the Denial of Application.<br />

6.7 Filing of Petition for Waiver. Upon Denial of Application AT&T will timely file a<br />

petition with the Commission pursuant to 47 U.S.C. § 251(c)(6). AT&T shall<br />

provide to the Commission any information requested by that Commission. Such<br />

information shall include which space, if any, AT&T or any of AT&T’s affiliates have<br />

reserved for future use and a detailed description of the specific future uses for which<br />

the space has been reserved. Subject to an appropriate nondisclosure agreement or<br />

provision, AT&T shall permit BHN to inspect any floor plans or diagrams that AT&T<br />

provides to the Commission.<br />

6.8 Waiting List. On a first-come, first-served basis governed by the date of receipt of an<br />

Application or Letter of Intent, AT&T will maintain a waiting list of requesting<br />

carriers who have either received a Denial of Application or, where it is publicly<br />

known that the Premises is out of space, have submitted a Letter of Intent to collocate.<br />

AT&T will notify the telecommunications carriers on the waiting list that can be<br />

accommodated by the amount of space that becomes available according to the<br />

position of the telecommunications carriers on said waiting list.<br />

6.8.1 In Florida, on a first-come, first-served basis governed by the date of receipt of an<br />

Application or Letter of Intent, AT&T will maintain a waiting list of requesting<br />

carriers who have either received a Denial of Application or, where it is publicly<br />

known that the Premises is out of space, have submitted a Letter of Intent to collocate.<br />

Sixty (60) days prior to space becoming available, if known, AT&T will notify the<br />

Florida PSC and the telecommunications carriers on the waiting list by mail when<br />

space becomes available according to the position of telecommunications carrier on<br />

said waiting list. If not known sixty (60) days in advance, AT&T shall notify the<br />

Florida PSC and the telecommunications carriers on the waiting list within two days of<br />

the determination that space is available. A CLEC that, upon denial of physical<br />

collocation, requests virtual collocation shall be automatically placed on the waiting<br />

list.<br />

6.8.2 When space becomes available, BHN must submit an updated, complete, and correct<br />

Application to AT&T within 30 calendar days of such notification. If BHN has<br />

originally requested caged collocation space and cageless collocation space becomes<br />

available, BHN may refuse such space and notify AT&T in writing within that time<br />

that BHN wants to maintain its place on the waiting list without accepting such space.<br />

CCCS 146 of 369

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