Common use of Non-Standard Collocation Requests Clause in Contracts

Non-Standard Collocation Requests. 12.3.1 S u b j e c t t o a n d Requesting Carrier may request Ameritech to provide a Collocation method (or an increment of space) not described in Section 12.2 by submitting to Ameritech a Non-Standard Collocation Request in the form set forth on Schedule 12.3 (an “NSCR”). Collocation requested via an NSCR shall (i) be subject to the payment by Requesting Carrier of applicable costs in accordance with Section 252(d)(l) of the Act to process such request and to develop, provision and such Collocation method, (ii) be excluded from any standard provisioning intervals or performance credits contained in this Agreement and (iii) require the Parties to include in an amendment to this Agreement any rates, terms and conditions applicable to such NSCR within thirty (30) days after Requesting Carrier confirms its order pursuant to the NSCR. 12.3.2 If and only if there is no Unused Space for Physical Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation to the extent technically feasible. As used in this Agreement. “Adjacent Collocation” shall mean Collocation on property in adjacent controlled environmental vaults or similar structures (collectively, an “Adjacent Structure”). Ameritech shall only be required to provide Adjacent Collocation if technically feasible, and subject to reasonable safety and maintenance requirements, zoning and other state and local regulations. Ameritech shall provide power and Physical Collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination requirements as traditional Collocation arrangements. Requesting Carrier shall be responsible for securing all required licenses and permits. the required site preparations and further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements. and provided Ameritech owns or controls the property in question. Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech. such owner or landlord. Requesting shall not place any or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises. and Requesting Carrier elects to order Collocation in such Premises in lieu of its Adjacent Collocation. then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Collocation within Ameritech’s Premises becomes operational.

Non-Standard Collocation Requests. 12.3.1 S u b j e c t t o a n d Subject to and Requesting Carrier may request Ameritech to provide a Collocation method (or an increment of space) not described in Section 12.2 by submitting to Ameritech a Non-Standard Collocation Request in the form set forth on Schedule 12.3 (an “NSCR”). Collocation requested via an NSCR shall (i) be subject to the payment by Requesting Carrier of all applicable costs in accordance with Section 252(d)(l) of the Act to process such request and to develop, provision and ▇▇▇▇ such Collocation method, (ii) be excluded from any standard provisioning intervals or performance credits contained in this Agreement and (iii) require the Parties to include in an amendment to this Agreement any rates, terms and conditions applicable to such NSCR within thirty (30) days after Requesting Carrier confirms its order pursuant to the NSCR. 12.3.2 Collocation If and only if there is no Unused Space for Physical Collocation, Requesting Carrier may submit to Ameritech an NSCR that requests Ameritech to provide Requesting Carrier Adjacent Collocation to the extent technically feasible. As used in this Agreement. , “Adjacent Collocation” shall mean Collocation on Ameritech’s property in adjacent controlled environmental vaults or similar structures (collectively, an “Adjacent Structure”). Ameritech shall only be required to provide Adjacent Collocation if technically feasible, and subject to reasonable safety and maintenance requirements, zoning and other state and local regulations. Ameritech shall provide power and Physical Collocation services and facilities in and to Adjacent Structures subject to the same nondiscrimination requirements as traditional Collocation arrangements. Requesting Carrier shall be responsible for securing all required licenses and permits. , the required site preparations and shall further retain responsibility for securing and/or constructing the Adjacent Structure and any building and site maintenance associated with the placement of such Adjacent Structure. Subject to zoning and safety requirements. , and provided Ameritech owns or controls the property in question. , Ameritech reserves the right to assign the location of the Adjacent Structure. Ameritech Ametitech shall have no obligation to consider or process an NSCR for Adjacent Collocation until Requesting Carrier has secured and provided Ameritech evidence of final approval for the requested Adjacent Structure (and any transmission and power connections) from (i) any applicable local governmental or other authority having jurisdiction to approve or grant zoning compliance or waivers and (ii) if the land on which Requesting Carrier seeks to locate such Adjacent Structure is not owned by Ameritech. , such owner or landlord. Requesting Carrier shall not place any or marking of any kind on a Adjacent Structure or on the Ameritech grounds surrounding the Adjacent Structure. If space becomes available in Ameritech’s Premises. , and Requesting Carrier elects to EXECUTION ORIGINAL order Collocation in such Premises in lieu of its Adjacent Collocation. , then Requesting Carrier shall remove its Adjacent Structure at its expense no later than sixty (60) days after Requesting Carrier’s “replacement” Collocation within Ameritech’s Premises becomes operational. 12.3.3 Requesting Carrier may also request via an NSCR that Ameritech offer Requesting a collocation arrangement not offered in this but that has been made available by another incumbent LEC Collocation”). A request for ILEC Collocation is available subject to space and technical limitations.