HOPFINGER AFFIDAVIT Attachment SSS

HOPFINGER AFFIDAVITAttachment SSS

APPENDIX COLLOCATION - CAPAGE 1 OF iii

PACIFIC/CLEC070999

CH Attachment SSS-1

APPENDIX

COLLOCATION


PACIFIC/CLEC070999

CH Attachment SSS-2

TABLE OF CONTENTS

1. DEFINITIONS ............................................... 4

2. PURPOSE AND SCOPE OF AGREEMENT .......................... 6

3. GENERAL OFFERING......................................... 7

4. APPLICATION ............................................. 14

5. SPACE AVAILABILITY DETERMINATION AND RESOLUTION ........ 15

6. DEDICATED SPACEDEDICATED SPACE AND PREPARATION......... 18

7. COLLOCATION PROVISIONING AND TERMINATION............... 19

8. DEDICATED SPACE CHARGES................................. 21

9. USE OF DEDICATED SPACE................................... 22

10. STANDARDS............................................... 24

11. OPERATIONAL RESPONSIBILITIES............................. 26

12. VIRTUAL COLLOCATION .................................... 28

13. CASUALTY LOSS ........................................... 30

14. RE-ENTRY ................................................ 30


PACIFIC/CLEC070999

CH Attachment SSS-3

15. LIMITATION OF LIABILITY................................... 28

16. INDEMNIFICATION OF PACIFIC ............................... 32

17. SERVICES, UTILITIES, MAINTENANCE AND FACILITIES............ 32

18. NOTICES.................................................. 33

19. INSURANCE ............................................... 33

20. PROTECTON OF SERVICE AND PROPERTY ...................... 35

21. MISCELLANEOUS .......................................... 37

22. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS....... 37

APPENDIX COLLOCATION - CAPAGE 4 OF 35

PACIFIC/CLEC070999

.CH Attachment SSS-4

APPENDIX COLLOCATION

1. DEFINITIONS

1.1 CLEC Telecommunications Equipment is defined in General Terms and Conditions(Definitions). Telecommunications Equipment includes but is not limited to:

(a) Transmission equipment, such as optical terminating equipment andmultiplexers;

(b) Equipment for the termination of basic transmission facilities pursuant to47 C.F.R. §§ 64.1401 and 64.1402 as of August 1, 1996;

(c) 51.323 b. and c. from New FCC Order; and

(d) Such additional telecommunications equipment that may be agreed to byPACIFIC and CLEC, or designated in future FCC or State Commission(“Commission”) decisions.

1.2 “Accessible Letters” are correspondence used to communicate pertinentinformation regarding PACIFIC to the client/customer community.

1.3 “Act” means the Communications Act of 1934 [47 U.S.C. 153(R)], as amended bythe Telecommunications Act of 1996.

1.4 “Adjacent Structure Collocation” is physical collocation at a Collocator-providedcontrolled environmental vault, or similar structure to the extent technicallyfeasible, on PACIFIC Dedicated Space adjacent to an Eligible Structure.

1.5 “Application Fee” includes the costs incurred by PACIFIC to process theCollocator’s application for physical collocation arrangements.

1.6 Caged Physical Collocation” is an individual enclosure (not including a top) forCollocator to install its telecommunications equipment within Collocator’sdedicated collocation space.

1.7 “Cageless Physical Collocation” is a collocation arrangement that does not requirethe construction of a cage or similar structure or the creation of a separateentrance to the collocation space.

1.8 “Collocation Area” is the common area providing access to an area surroundingthe Collocator’s dedicated space.


PACIFIC/CLEC070999


1.9 “Collocator” refers to any individual partnership, association, joint-stock company,trust corporation, or governmental entity or any other entity who provides fiber-optic facilities or microwave facilities for connection of its equipment, collocatedin the PACIFIC location to PACIFIC’s equipment and services.

1.10 “Collocation Interconnection power panel” (CIPP) is the DC power panel forpower demarcation located in the collocation cage or bay. At least one (1) DCpower panel is required with each application requiring DC power.

1.11 “Dedicated Collocation Space” means the space dedicated for the Collocator’sphysical collocation arrangement located within a PACIFIC Eligible Structure.

1.12 “Engineering Design Charge” (EDC) includes the cost for PACIFIC employees toperform the central office survey for caged and cageless serving arrangements andto implement the collocation area.

1.13 “Eligible Structure” means (1) a PACIFIC central office, serving wire center ortandem office, or (2) a building or similar structure owned or leased by PACIFICthat houses its network facilities, or (3) a structure that houses PACIFICtransmission facilities, including CEVs, huts and cabinets that serve as remoteterminal sites and house PACIFIC’s telecommunications equipment such as loopconcentrators or multiplexers, and house network facilities.

1.14 “Individual Case Basis” (ICB) is a pricing method used for services that are nottariffed.

1.15 “Interconnector's Collocation Service Handbook” is a publication provided to theCLECs which provides information on how to order collocation arrangementsfrom PACIFIC. The document also provides information about PACIFIC’scollocation processes and requirements.

1.16 “Intermediate Distribution Frame” (IDF) is a wiring arrangement designed toprovide connections between inter-building and intra building cabling, i.e. betweenthe Main Distribution Frame (MDF) and individual phone wiring.

1.17 “Main Distribution Frame” (MDF) is a wiring arrangement which connects thetelephone lines coming from outside on one side and the internal lines on the otherside.

1.18 “Other Eligible Structure” is any eligible structure other than a central office.1.19 “Dedicated Space” refers to the space occupied by a customer or authorized user

in a single building or in connecting building on continuous property not separatedby a public thoroughfare.


PACIFIC/CLEC070999


1.20 “Project Coordination Fee” reflects PACIFIC’s labor costs to manage theprovisioning of the individual collocator’s space requirements for a particularphysical collocation space request. This fee is applicable upon the submission ofan application.

1.21 “POT Frame” is the termination point where PACIFIC’s interconnect cablefacilities terminate in a CLEC’s panel.

1.22 “Shared Physical Collocation Cage” is a caged dedicated collocation space that isshared by two or more new entrant collocators within the PACIFIC EligibleStructure.

1.23 “Unused Space” denotes any space in the Eligible Structure which is not occupiedby PACIFIC’s personnel and/or occupied by or reserved for the PACIFIC networkequipment. May also be used to denote space within a specific collocator’s areathat is not occupied by or reserved for Collocator’s equipment.

1.24 “Virtual Collocation” refers to an arrangement where a collocator’s facilities willbe terminated on the collocator’s specified equipment which is installed maintainedand repaired by PACIFIC in a PACIFIC Eligible Structure as part of thecollocator’s network.

For further applicable definitions see the definition section of General Terms and Conditions.

2. PURPOSE AND SCOPE OF AGREEMENT

2.1 The Parties agree that this Agreement does not constitute, and shall not beasserted to constitute, an admission or waiver or precedent with any Statecommission, the Federal Communications Commission, any other regulatory body,any State or Federal Court, or in any other forum that PACIFIC has agreed oracquiesced that any piece of Collocator equipment or facility is “equipmentnecessary for interconnection or access to unbundled network elements” under 47U.S.C. 251(c)(6).

2.2 Nothing in this agreement requires PACIFIC to permit collocation of equipmentused solely for switching (e.g. 5ESS, DMS 100, etc.) or solely to provideenhanced services; provided, however, that PACIFIC may not place any limitationson ability of Collocator to use all features, functions, and capabilities of collocatedequipment including switching and routing features and functions and enhancedservices functionalities if such equipment is necessary for access to UNEs or forinterconnection with PACIFIC’s network. PACIFIC may require Collocator’semployees to undergo the same level of security training, or its equivalent, thatPACIFIC's own employees, or third party contractors providing similar functionsmust undergo; provided that PACIFIC may not require Collocator's employees toreceive such training from PACIFIC itself, but must provide information to


PACIFIC/CLEC070999


Collocator on the specific type of training required so Collocator’s employees canconduct their own training.

2.3 Submission to State Commission – The effectiveness of this Agreement isconditioned upon the unqualified approval of this Agreement, whether as a resultof an approval process or by operation of law, under 47 U.S.C. 252(a)(1). Afterexecution of this Agreement, the parties shall submit it to the State commission forthe State in which Collocator desires physical collocation as thereby required forapproval, and shall defend the Agreement and support any reasonable effort tohave this Agreement so approved, including the supplying of witnesses andtestimony if a hearing is to be held.

2.4 Failure to Receive Approval – In the event that this Agreement does not receivesuch unqualified approval, this Agreement shall be void upon written notice ofeither party to the other after such regulatory action becomes final andunappealable. Thereafter Collocator may request to begin negotiations againunder 47 U.S.C. 251. Alternatively, the parties may both agree to modify thisAgreement to receive such approval, but neither shall be required to agree to anymodification. Any agreement to modify shall not waive the right of either party topursue any appeal of the ruling made by any reviewing regulatory commission.

2.5 Preparation Prior to Regulatory Approval – Upon the written request ofCollocator, PACIFIC shall consider an application for collocation space submittedprior to receiving the approval required by Section 2.3 hereof. Upon such anelection, this Agreement shall become effective but only insofar as to be applicableto the consideration of an application for collocation space. In the event that theAgreement does not become fully effective as contemplated by this Section,Collocator shall not be entitled to any refund or return of any such paymentsbeyond any portion of the charges paid but not attributable to costs incurred byPACIFIC. To the extent that PACIFIC has incurred preparation costs notincluded within any payment made by Collocator, Collocator shall pay those costswithin thirty (30) days of notice by PACIFIC.

3. GENERAL OFFERING

3.1 Except where Physical Collocation is not practical for technical reasons or becauseof space limitations, PACIFIC will provide Physical Collocation to Collocator forthe purpose of interconnecting with PACIFIC’s network or for obtaining access toPACIFIC's unbundled network elements pursuant to 47 U.S.C. 251(c). Physicalcollocation shall be provided on a non-discriminatory basis, on a "first-come, firstserved" basis, and otherwise in accordance with the requirements of the Act(including 47 U.S.C. 251(c)(6), and applicable FCC rules thereunder. Wherephysical collocation is not available within an Eligible Structure for technicalreasons or because of space limitations PACIFIC shall make Adjacent StructureCollocation available. Virtual Collocation is an available option regardless of


PACIFIC/CLEC070999


space consideration for physical collocation. PACIFIC's Physical Collocationoffering includes the following:

3.1.1 Caged Physical Collocation – Collocator may apply for Caged PhysicalCollocation in initial and subsequent increments of 50 square feet. The cagedserving arrangement is an area designated by PACIFIC within an EligibleStructure to be used by a Collocator for the sole purpose of installing,maintaining and operating collocator provided equipment. PACIFIC willprovide floor space, floor space conditioning, cage common systems andsafety and security on a per square foot basis.

3.1.1.1 Not withstanding the provisions of section 14 of General Terms andConditions of Assignments. PACIFIC will allow Collocator tocontract with other prospective collocators to share the cagedDedicated Collocation Space in a sublease type arrangement,provided the subleasing co-collocator’s equipment is also used forinterconnection with PACIFIC’s network and/or access toPACIFIC’s unbundled network elements. Each collocator in asublease arrangement may order PACIFIC unbundled networkelements to and provision service from the dedicated collocationspace regardless of which collocator was the original collocator.

3.1.2 Shared Cage Physical Collocation – A shared collocation cage is a cagedcollocation space shared by two or more new entrant CLECs pursuant toterms and conditions agreed to by the CLECs. The collocators may applyfor Shared Caged Physical Collocation in increments of 50 square feet. Inmaking shared cage arrangements available, PACIFIC may not increase thecost of site preparation or nonrecurring charges above the cost ofprovisioning such a cage of similar dimensions and material to a singlecollocating party. In addition, PACIFIC will prorate the charge for siteconditioning and preparation undertaken by PACIFIC to construct theshared collocation cage or condition the space for collocation use,regardless of how many Collocators actually collocate in that cage, bydetermining the total charge for site preparation and allocating that chargeto each party sharing the space based on the percentage of the total spaceof the shared cage utilized by the parties. The total of the collocators’combined floor space requirements must equal the total square footage ofthe shared cage. The allocation of the total charge for site preparation willbe based on the percentage of the total space utilized by each Collocator. If the Collocator submits a unique request, then only that Collocator will becharged for those costs directly attributable to that Collocator. If two ormore requesting carriers have interconnection agreements with PACIFIC,PACIFIC will permit each requesting carrier to order unbundled networkelements and provision service from shared collocation space.


PACIFIC/CLEC070999


3.1.3 Cageless Physical Collocation - Subject to technical feasibility and securityrequirements, PACIFIC will allow Collocator to collocate in any unusedspace (space that is vacant and does not contain PACIFIC equipment, isnot reserved for growth, is not used for administrative or other functions,and is not needed for access to, egress from, or work within occupied orreserved space) in PACIFIC’s Eligible Structure (central office), withoutrequiring the construction of a cage or similar structure, and withoutrequiring the creation of a separate entrance to Collocator’s dedicatedspace. PACIFIC will designate the space to be used for cagelesscollocation. PACIFIC may require Collocator to use a central entrance tothe building in which the cageless collocation is provided, but may notrequire construction of a new entrance for Collocator’s or other collocatingcarriers’ use, and once inside the building, PACIFIC must permitCollocator to have direct access to Collocator’s equipment.

3.1.3.1 PACIFIC may not require Collocator to use an intermediateinterconnection arrangement (i.e., a POT bay) that simplyincreases collocation costs without a concomitant benefit toincumbents, in lieu of direct connection to PACIFIC’s network iftechnically feasible. In addition, PACIFIC may not requireCollocator to collocate in a room or isolated space, separate fromPACIFIC’s own equipment, which only serves to increase the costof collocation and decrease the amount of available collocationspace. PACIFIC may take reasonable steps to protect its ownequipment, such as, but not limited to, enclosing PACIFICequipment in its own cage, and other reasonable security measuresas described herein. PACIFIC may utilize reasonable segregationrequirements that do not impose unnecessary additional cost onCollocator.

3.1.3.2 PACIFIC must make cageless collocation space available in single-bay increments, meaning that Collocator can purchase space inincrements small enough to collocate a single relay rack, or bay, ofequipment (10 square feet for standard equipment bays and 18square feet for cabinetized equipment bays).

3.1.4 Adjacent Structure Collocation – When space is exhausted inside aPACIFIC Eligible Structure, PACIFIC will permit Collocator to physicallycollocate in adjacent controlled environmental vaults or similar structures(e.g. used by PACIFIC to house telecommunications equipment) to theextent technically feasible. PACIFIC will permit Collocator to construct orotherwise procure such adjacent structure, subject to reasonable safety andmaintenance requirements, zoning and other state and local regulations,

APPENDIX COLLOCATION - CAPAGE 10 OF 35PACIFIC/CLEC

070999


and PACIFIC’s right to exercise reasonable control over the design,construction, and placement of such adjacent structures. Collocator will beresponsible for securing the required licenses and permits, the required sitepreparations, and will retain responsibility for building and site maintenanceassociated with placing the adjacent structure. PACIFIC may reservereasonable amounts of space adjacent to its Dedicated Space needed toexpand its Dedicated Space to meet building growth requirements. PACIFIC will assign the location of the designated space where theadjacent structure will be placed.

3.1.4.1 PACIFIC will provide a standard offering of 100 AMPS of ACpower to the adjacent structure when Central Office SwitchboardAC capacity exists and 200 AMPS of DC power to the adjacentstructure up to 200 cable feet from the Central Office powersource. When power requirements are beyond these officecapacities and distance limitations, PACIFIC will treat therequirements as a unique request and coordinate a mutuallyagreeable solution for provisioning power with Collocator. At itsoption, Collocator may choose to provide its own AC and DCpower to the adjacent structure. PACIFIC will provide power andphysical collocation services and facilities to such adjacentstructures, subject to the same nondiscrimination requirements asother physical collocation arrangements in this Agreement.

3.1.4.2 Any temporary adjacent structure placed by Collocator must beremoved at Collocator's expense once interior space is available inthe Eligible Structure. Appropriate charges applicable forcollocation within the Eligible Structure will apply. PACIFIC willwork cooperatively with Collocator to relocate facilities into theEligible Structure.

3.1.5 All other requests for Physical Collocation will be analyzed on a case-by-case basis. When Collocator requests a particular collocation arrangement,the Collocator is entitled to a rebuttable presumption that sucharrangement is technically feasible if any LEC with a substantially similarnetwork has deployed such collocation arrangement in any incumbent LECDedicated Space

3.2 Interconnection Arrangement - PACIFIC shall provide, at the request of theCollocator, the connection between the Collocator’s optional POT frame orequipment bay and the PACIFIC network. The Collocator cannot provide theconnection. The Collocator will not be permitted access to the PACIFIC MainDistribution Frame or Intermediate Distribution Frame. If regeneration equipmentis required, for any reason, it will be at the Collocator’s expense. Interconnection


070999


Arrangements options are as follows: DS0 Arrangement, DS1 Arrangement, DS3Arrangement, and Fiber Arrangement. 3.3 PACIFIC shall provide, at therequest of Collocator, the connection between the equipment in the physicalcollocation spaces of two or more telecommunications carriers. Availableconnections include copper cable, coaxial cable, and fiber optic cable. PACIFICshall permit Collocator to construct its own connection between Collocator’sequipment and that of one or more collocating carriers, if Collocator does notrequest PACIFIC’s construction of such facilities. PACIFIC shall permitCollocator to construct such facilities using copper or optical fiber equipment.

3.3 Within a contiguous area within the Eligible Structure, PACIFIC shall permitCollocator to connect its equipment with that of another collocatedtelecommunications carriers within the same Eligible Structure provided that thecollocated equipment is also used for interconnection with PACIFIC or for accessto PACIFIC's unbundled network elements. Collocator will not be permitted toplace cable over PACIFIC's switches or other critical equipment. PACIFIC willdesignate the space to be used for such facilities. PACIFIC shall permit Collocatorto construct such facilities using copper or optical fiber facilities subject to thesame reasonable safety requirements that PACIFIC imposes on its own equipmentand facilities.

3.3.1 If the collocators are not located on the same floor and cannot physicallypull the cable themselves through the PACIFIC provided structure(s),PACIFIC will perform the necessary construction and perform the cablepull on a time and materials basis. PACIFIC will not make the physicalconnection with the Collocator's equipment, PACIFIC will not accept anyliability for the cable or the connections and PACIFIC will not maintain anyrecords concerning these connections.

3.4 PACIFIC shall permit Collocator to place its own connecting transmission facilitieswithin the Dedicated Space in the Eligible Structure outside of the actual physicalcollocation space, subject only to reasonable safety limitations. Collocator shallnot have access to PACIFIC's Main Distribution Frame and/or IntermediateDistribution Frame. As provided herein, PACIFIC may require reasonable securityarrangements to protect its equipment and ensure network reliability.

3.5 Relocation - In the event PACIFIC determines it necessary for DedicatedCollocation Space to be moved within the Eligible Structure in which theDedicated Collocation Space is located, or to another Eligible Structure,Collocator is required to do so. If such relocation arises from circumstancesbeyond the reasonable control of PACIFIC, including condemnation orgovernment order or regulation that makes the continued occupancy of thededicated collocation space or eligible structure uneconomical in PACIFIC’s solejudgment, Collocator shall be responsible for the cost of preparing of the new


070999


dedicated collocation space at the new location. Otherwise PACIFIC shall beresponsible for any such preparation costs.

3.6 In the event that the Collocator requests that the Dedicated Collocation Space bemoved within the PACIFIC Eligible Structure or to another Eligible Structure,PACIFIC shall permit Collocator to relocate the Dedicated Collocation Space,subject to the availability of space and associated requirements. Collocator shallbe responsible for all charges associated with the move, including the reinstallationof its equipment and facilities and the preparation of the new DedicatedCollocation Space and collocation area as applicable.

3.7 In either such event, the new Dedicated Space shall be deemed the “DedicatedSpace” hereunder and the new structure the “Eligible Structure.”

3.8 Each Collocator request will be provisioned with a Collocation InterconnectPower Panel (CIPP). The panel will reside in one of the Collocator’s assignedbays. The engineering, furnishing and installation of the CIPP will be theresponsibility of PACIFIC and will be part of the rate element. The location of theCIPP shall be determined by the Collocator. Any available physical collocationoption will require and include a minimum of one collocation interconnectionpower panel (“CIPP”).

3.9 Security Protection of PACIFIC’s equipment is crucial to its ability to offer serviceto its customers. Therefore PACIFIC may impose reasonable security measureson Collocators to assist in protecting PACIFIC’s network and equipment fromharm. These security measures may be as stringent as the security arrangementsPACIFIC maintains at its own Eligible Structures either for its own employees orfor authorized contractors. To the extent existing security arrangements are morestringent for one group than the other, PACIFIC may impose the more stringentrequirements upon Collocators. PACIFIC will not impose discriminatory securityrequirements that result in increased collocation costs without the concomitantbenefit of providing necessary protection of PACIFIC’s equipment. PACIFIC willnot use any information collected in the course of implementing or operatingsecurity arrangements for any marketing or other purpose in aid of competing withCollocators.

3.10 Collocators will conduct background checks of their personnel and technicianswho will have access to the Collocation Area. Collocator technicians will besecurity qualified by the Collocator technicians will be security qualified by theCollocator and will be required to be knowledgeable of PACIFIC’s securitystandards. Collocator personnel and technicians will undergo the same level ofsecurity training, or its equivalent, that PACIFIC’s own employees and authorizedcontractors must undergo. PACIFIC will not, however, require Collocators toreceive security training from PACIFIC. Collocators can then provide their


070999


employees with their own security training. Qualification program and securitytraining details shall be included in PACIFIC’s technical publications.

3.11 Collocators and PACIFIC will each establish disciplinary procedures up to andincluding dismissal or denial of access to the Eligible Structure and other Utilityproperty for certain specified actions that damage, or place the equipment,facilities, or the network or personnel of the Collocators or PACIFIC in jeopardy. The following are actions that could damage or place the Eligible Structure, or thenetwork or the personnel of the Collocators or PACIFIC, in jeopardy and mayjustify disciplinary action up to and including dismissal or the denial of access tothe Eligible Structure and other PACIFIC property:

a. Theft or destruction of PACIFIC’s or any Collocator’s propertyb. Use or attempted use/sale of alcohol or illegal drugs on

PACIFIC’s propertyc. Industrial espionaged. Threats or violent acts against other persons on PACIFIC’s

propertye. Knowing violations of any local, state or federal law on

PACIFIC’s propertyf. Permitting unauthorized persons access to PACIFIC’s or

Collocator’s equipment on PACIFIC’s propertyg. Carrying a weapon on PACIFIC’s property.

3.12 In addition, the Collocator and PACIFIC will take appropriate disciplinary steps asdetermined by each party to address any violations reported by PACIFIC or theCollocator of PACIFIC’s policies and practices on security, safety, networkreliability, and business conduct as defined in PACIFIC’s Interconnector’sCollocation Services Handbook, provided the handbook and any and all updates toit are timely provided to the Collocator.

3.13 Collocators will provide indemnification and insurance as set forth in Section16.2.5 of the 175T Tariff, preceding to cover any damages caused by theCollocator’s technicians at a level commensurate with the indemnification andinsurance provided by PACIFIC’s authorized contractors with equivalent access.


070999


The indemnification provisions and requirements are reciprocal to PACIFIC aswell.

3.14 PACIFIC may use reasonable security measures to protect its equipment,including, but not limited to, enclosing its equipment in its own cage, the use ofsecurity cameras or other monitoring devices, badges with computerized trackingsystems, identification swipe cards, keyed access, and/or logs, as appropriate forthe Eligible Structures where physical collocation will take place. PACIFIC’senclosure of its own equipment will not be a basis for a claim that space isexhausted.

3.15 Collocators will have access to their collocated equipment twenty-four (24) hoursa day seven (7) days a week, without a security escort.

4. APPLICATION

4.1 CLEC shall complete and submit, along with applicable Application Fee, ProjectCoordination Fee, Engineering Design Charges and the standard PACIFICapplication for Physical Collocation. Such application and associated instructionscan be found in PACIFIC’s “”Interconnector's Collocation Services Handbook”.

4.2 Pacific will provide physical collocation arrangements in Eligible Structures on a“first come, first served” basis. To apply for a Dedicated Space in a particularEligible Structure, the Collocator will provide a completed physical collocationapplication form found in the Interconnector’s Collocation Services Handbook forPhysical Collocation and will pay the associated initial application fee, projectcoordination fee, engineering design charge and 50% of the nonrecurring charge. Upon receipt of the Collocator’s completed application and required payments asdefined above, the available to fulfill the request. Pacific will notify the Collocatoras to whether its request for Dedicated Space has been granted or denied due tothe lack of space within ten (10) days of receipt of the completed application.

4.3 In responding to an application request if space is available, PACIFIC shall advisethe Collocator that their request for physical collocation is granted and confirm theapplicable nonrecurring and recurring tariff rates, and the provisioning interval.

4.4 Should multiple applications be submitted by a Collocator within a 10 day period,the Following intervals will apply:


070999


Number ofApplications by OneCollocator Response Interval

1 – 10 10 Days

11 – 20 20 Days

21 – 30 30 Days

Should the Collocator submit 31 or more applications within ten (10) days, theresponse interval will be increased by ten (10) days for every ten (10) additionalapplications or fraction thereof. Any major revision to an application will betreated as a new application following the guidelines in Section 16.10.3 of theScheduled CAL. P.U.C. 175T Tariff.

5. SPACE AVAILABILITY DETERMINATION AND RESOLUTION

5.1 In responding to an application request if space is not available, PACIFIC willnotify the Collocator that their application for Dedicated Space is denied due tothe lack of space. The notification will also include a possible future space reliefdate, if applicable. At that time, any nonrecurring charges collected with theapplication, except the application fee will be returned to the Collocator.

5.1.1 PACIFIC will, at the same time, forward a copy of the letter denying theCollocator’s request to the California Public Utilities Commission. In theevent of a denial, PACIFIC will concurrently submit to both the CaliforniaPublic Utilities Commission and the Collocator, in support of its denial,provided under seal and subject to proprietary protections: Central officecommon language identifier, where applicable, the identity of therequesting Collocator, including amount of space requested by theCollocator, the total amount of space at the Dedicated Space, floor plansdocumented as provided for in Section 3.8 of the Interconnector’sCollocation Services Handbook, identification of switch turnaround plansand other equipment removal plans and timelines, if any, central officerearrangement/expansion plans, if any, and description of other plans, if anythat may relieve space exhaustion.

5.2 In the event PACIFIC denies a Collocator’s request and the Collocator disputesthe denial the Collocator may request a tour of the Eligible Structure to verifyspace availability or the lack thereof. The request shall be submitted to PACIFIC’sdesignated representative in writing. The inspection tour shall be scheduled withinfive (5) business days of receipt of the request for a tour and the tour shall beconducted within ten (10) days of the denial of space.


070999


5.2.1 Prior to the inspection tour, a “Reciprocal Non-disclosure Agreement”shall be signed by the PACIFIC representative and the designated agent forthe Collocator, who will participate in the tour.

5.2.2 PACIFIC will provide all relevant documentation to the Collocator agentincluding blueprints and plans for future facility expansions orenhancements, subject to executing the non-disclosure agreement. ThePACIFIC representative will accompany and supervise the Collocatoragent on the inspection tour.

5.2.3 If the Collocator agent believes, based on the inspection tour of the EligibleStructure facilities, that the denial of collocation space is insupportable, theCollocator and PACIFIC shall then each concurrently prepare a reportdetailing its own findings of the inspection tour. The Collocator and thePACIFIC reports shall be on concurrently served on each other andsubmitted to the California Public Utility’s Commission (CPUC) no laterthan 45 days following the filing of the request for space. Burden of proofshall be on PACIFIC to justify the basis for any denial of collocation spacerequests.

5.3 PACIFIC ill maintain a publicly available document, posted for viewing onPACIFIC’s publicly available internet site, indicating all Dedicated Space that aredull, and will update such a document within ten days of the date at which aDedicated Space runs out of physical collocation space.

5.4 Upon request, PACIFIC must submit to the requesting carrier within ten days ofthe submission of the request a report indicating the available collocation space ina particular PACIFIC Dedicated Space. Collocators may request a report bysubmitting a completed Collocation Space Availability Report Request with therequired fees for the requested report(s). This report will specify the amount ofcollocation space available at each requested Dedicated Space, the number ofcollocators, and any modifications in the use of the space since the last report. This report will also include measures that PACIFIC is taking to make additionalspace available for collocation. PACIFIC will provide a report for 1 to 5 requestsin 10 calendar days and 6 to 20 requests in 25 calendar days. Should theCollocator submit more than 20 requests at once for central offices where there isno current collocation or collocation forecasted, PACIFIC will provide theinformation on a scheduled basis of ten additional offices every ten days.

5.5 PACIFIC will remove obsolete unused equipment from its Eligible Structures thathave no space available for physical collocation upon reasonable request by aCollocator or upon order of the Commission. In those Eligible Structures wherePACIFIC does not have adequate space to meet forecasted physical collocationdemand, PACIFIC agrees to remove obsolete unused equipment necessary to meet


070999


forecasted demand in the Eligible Structure in advance of a reasonable requestfrom a Collocator, or order from the Commission.

5.6 At the request of CLEC, PACIFIC will provide space for physical cagedcollocation in 50 square foot increments. PACIFIC is not required to providePhysical Collocation at a particular Eligible Structure if it demonstrates to theCommission that Physical Collocation is not practical for technical reasons orbecause of space limitations. In such cases, and with the qualifications set forthabove PACIFIC will provide Adjacent Structure Collocation as described above orVirtual Collocation, except at points where PACIFIC proves to the Commissionthat Adjacent Structure Collocation and/or Virtual Collocation is not technicallyfeasible. If Adjacent Structure Collocation or Virtual Collocation is not technicallyfeasible, PACIFIC will make a good faith effort to provide other methods ofinterconnection and access to unbundled network elements to the extenttechnically feasible.

5.7 PACIFIC is not required to lease or construct additional space to provide forPhysical Collocation when existing space has been exhausted. Moreover,PACIFIC is not required to, nor shall this Appendix create any obligation orexpectation, to relinquish used, or forecasted space or facilities to be used, spaceor facilities subject to the provisions hereof, or to undertake the construction ofnew quarters or to construct additions to existing quarters in order to satisfy anyrequest for additional space or the placement of equipment or facilities, whetherthrough an initial request for Physical Collocation or a subsequent request formore space in an Eligible Structure. PACIFIC and CLEC shall not unreasonablywarehouse forecasted space.

5.8 To the extent possible, PACIFIC will make contiguous space available to CLEC ifCLEC seeks to expand an existing Physical Collocation arrangement and suchrequest meets PACIFIC’s non-discriminatory practices regarding efficient spaceutilization.

5.9 When planning renovations of existing Eligible Structures or constructing orleasing new Eligible Structures, PACIFIC will take into account potential futuredemand based upon its knowledge of CLEC demand for Collocation.

5.10 PACIFIC may retain a limited amount of floor space for PACIFIC’s own specificfuture uses for a time period on terms no more favorable to PACIFIC than thosethat apply to other telecommunications carriers, including CLEC, seeking toreserve Collocation space for their own future use. Except for space needed forswitching equipment “turnaround” (e.g., the installation of new switchingequipment to replace then-existing switching equipment), if any, and/or otherwisepermitted or directed by applicable rule or order, PACIFIC will relinquish anyspace held for future use before denying a request for Virtual Collocation on


070999


grounds of space limitations, unless PACIFIC proves to the Commission thatVirtual Collocation at that point is not technically feasible, including that spacedoes not exist. In any such event, PACIFIC and CLEC will attempt to reach amutually agreeable alternative method of interconnection.

5.11 PACIFIC may impose reasonable restrictions on its provision of additional unusedspace available for Collocation (so-called “warehousing”) as described inparagraph 586 of the First Report and Order (96-325); provided, however, thatPACIFIC shall not set a maximum space limitation on CLEC unless PACIFICproves to the Commission that space constraints make such restrictions necessary.

6. DEDICATED SPACEDEDICATED SPACE AND PREPARATION

6.1 Dedicated Space - The installation interval begins after CLEC has submitted acomplete application, with appropriate fees and prepayment as defined inPACIFIC’s tariff, and PACIFIC has completed processing of the applicationPACIFIC agrees to pursue diligently the preparation of the Dedicated Space foruse by CLEC.

6.2 PACIFIC shall provide information to CLEC at the “Initial Contact,” as describedin the Interconnector’s Collocation Services Handbook.

6.3 PACIFIC and CLEC shall conduct two operational meetings prior to turnover ofthe dedicated space.

6.4 CLEC and PACIFIC will complete an acceptance walk-through of the DedicatedSpace prior to turning the Dedicated Space over to CLEC. Exceptions that arenoted during this acceptance walk-through shall be corrected by PACIFIC as soonas commercially reasonable after those exceptions are provided in writing, whichexceptions shall be provided no more than 5 business days after the walk through. The correction of these exceptions from CLEC’s Physical Collocation request shallbe at PACIFIC’s expense.

6.5 PACIFIC shall ensure that the Dedicated Space and the Eligible Structure complywith all applicable fire and safety codes. The preparation shall be arranged byPACIFIC in compliance with all applicable codes, ordinances, resolutions,regulations and laws.

6.6 PACIFIC agrees to negotiate CLEC requests for diversity of fiber or powercabling on an Individual Case Basis (“ICB”) basis.

6.7 Bathroom access and parking will be provided on a reasonable basis.


070999


6.8 PACIFIC will contract for and perform the construction and preparation activitiesnecessary to prepare the dedicated space, Dedicated Space using the same orconsistent practices that are used by PACIFIC for other construction andpreparation work performed in the Eligible Structure.

6.8.1 Notwithstanding the above, PACIFIC will permit CLEC to subcontract theconstruction of Physical Collocation arrangements with contractorsapproved by PACIFIC, provided that PACIFIC will not unreasonablywithhold approval of contractors. Approval by PACIFIC will be based onthe same criteria PACIFIC uses in approving contractors for its ownpurposes.

7. COLLOCATION PROVISIONING AND TERMINATION

7.1 A physical collocation space will be considered timely delivered only if it is fullyoperational at the time it is turned over to CLEC.

7.2 INSTALLATION INTERVALS

7.2.1 Caged Collocation Installation Interval

a. Dedicated space for Cageless physical collocation is reserved uponnotification to the Collocator that space is available.

b. Should the Collocator submit 11 or more applications within 10

calendar days, the provisioning interval will be increased by 10calendar days for every 10 additional applications.

c. Where space that is suitable for central office equipment (ActiveCentral Office Space) is available, PACIFIC will deliver CagedCollocation within 120 calendar days from the completion of theapplication process.

d. Where space that is not suitable for central office equipment (Other

Central Office Space) must be converted to Active Central OfficeSpace, the provisioning interval will be 150 days.

e. Any material revision to a completed application will be treated as a

new application following revision guidelines set forth in section16.10.3 of the Scheduled CAL. P.U.C. No. 175T Tariff.


070999


7.2.2 Cageless Collocation Installation Interval

a. Dedicated space for Cageless physical collocation is reservedupon Notification to the Collocator that space is available.

b. Should the Collocator submit 11 or more applications within 10calendar days, the provisioning interval will be increased by 10calendar days for every 10 additional applications.

c. Where space is suitable for central office equipment (activeCentral Office Space) is available, PACIFIC will deliverCageless collocation within 110 Calendar days from thecompletion of the application process.

d. Where space that is not suitable for central office equipment(Other Central Office Space) is converted to Active CentralOffice Space, the Provisioning interval will be 140 days fromthe completion of the Application process.

7.2.3 Adjacent Structures Collocation- Installation interval for AdjacentStructures Collocation will be determined on an individual case basis(ICB).

7.3 CLEC will, whenever possible, place their telcom equipment in the dedicated spacewithin 30 calendar days of space turnover. CLEC must complete placement ofCLEC Telecom Equipment in the Dedicated Space and interconnect to PACIFIC’snetwork or to its unbundled network elements within one hundred eighty (180)calendar day after space turnover. If CLEC fails to do so, PACIFIC may, uponnotice, terminate that Physical Collocation arrangement, and CLEC shall be liablein an amount equal to the unpaid balance of the charges due under and, further,shall continue to be bound by the provisions of this Appendix, the terms or contextof which indicate continued viability or applicability beyond termination. Forpurposes of this Section, CLEC Telecom Equipment is considered to beinterconnected when physically connected to PACIFIC’s network or a PACIFICunbundled network element for the purpose of CLEC providing atelecommunications service.

7.4 Unless otherwise terminated by CLEC providing sixty (60) days’ written notice,any Physical Collocation arrangement hereunder shall terminate when and in thesame manner that this Agreement terminates.

7.5 Cage Utilization Requirements. PACIFIC shall allow CLEC to augment itscollocation space when they reach a 60 percent utilization rate and shall allow


070999


CLEC to begin the applications process prior to reaching the 60% utilization rate ifCLEC expects to achieve 60% utilization before the process is completed.

8. DEDICATED SPACE CHARGES

8.1 Charges for Physical Collocation shall be as set forth in PACIFIC’s Scheduled -CAL.P.U. NO.175-T as stated in Advice Letter Number 20412 filed by PACIFICon July 9, 1999, subject to true up to charges as approved by the CPUC.

8.2 The charges for an Adjacent Structure Collocation and for Physical Collocationarrangement that is provided in an other Eligible Structures Section 8.1 shall bedetermined on Individual Case Basis (“ICB”).

8.3 An ICB quote is prepared by PACIFIC to estimate non-recurring and recurringcharges associated with the requested collocation space. This ICB quote isprepared specifically for collocation requests and is not associated in any way withthe Bona Fide Request (BFR) process used to requests UNEs or other uniqueitems not contained in a CLEC Interconnection Agreement.

8.4 In the event that CLEC materially breaches this Appendix by purporting toterminate the Physical Collocation arrangement after PACIFIC has begunpreparation of the dedicated space but before PACIFIC has been paid the entirenon-recurring amounts due under this Appendix, then in addition to any otherremedies that PACIFIC might have, CLEC shall be liable in the amount equal tothe non-recoverable costs less estimated net salvage. Non-recoverable costsinclude, as applicable, the non-recoverable cost of equipment and material ordered,provided or used, the non-recoverable cost of installation and removal, includingthe costs of equipment and material ordered, provided or used; labor;transportation and any other associated costs.

8.5 The monthly recurring charge(s) shall begin to apply within, but no later than 30days from o the date that PACIFIC has turned over the dedicated space to theCLEC, Dedicated Space regardless of any failure by CLECs to complete its work. The fact that PACIFIC may have additional work to perform after CLEC doescomplete its work shall not bar the start of such charges.

8.6 In the event that any charge is not paid when due, the unpaid amount shall bearinterest in accordance with the terms and conditions set forth in PACIFIC’sintrastate tariff late payment provision(s) applicable to access services, or thehighest rate permitted by law, whichever is lower, from the due date until paid.


070999


9. USE OF DEDICATED SPACE

9.1 The Dedicated Space is to be used by CLEC for purposes of placing CLECTelecom Equipment for the purposes of interconnecting with PACIFIC under 47U.S.C. § 251(c)(2), or obtaining access to its unbundled network elements under47 U.S.C. § 251(c)(3). CLEC Equipment used solely to provide “informationservices”, switching, or “enhanced services” (as each is defined by applicablefederal statutes and regulations) is not permitted. CLEC shall not use theDedicated Space for office, retail, storage or sales purposes. No signage ormarkings of any kind by CLEC shall be permitted on the Eligible Structure or onthe grounds surrounding the Eligible Structure.

9.2 Collocator shall not have access to PACIFIC's Main Distribution Frame orIntermediate Distribution Frame, DSXs, or DCS, or any other PACIFICequipment or facilities not specifically designated by PACIFIC for Collocatoraccess.

9.3 A list of all of CLEC Telecom Equipment that will be placed within the DedicatedSpace shall be set forth on the CLEC’s Physical Collocation application, whichincludes associated power requirements, floor loading, and heat release of eachpiece of CLEC Telecom Equipment. CLEC warrants and represents that thePhysical Collocation application contains a complete and accurate list of suchCLEC Telecom Equipment. CLEC shall not place or leave any other equipment orfacilities within the Dedicated Space without the express written consent ofPACIFIC.

9.4 In the event that subsequent to the submission of the Physical Collocationapplication and its list of CLEC Telecom Equipment with the required technicalinformation, CLEC desires to place in the Dedicated Space anytelecommunications equipment or such ancillary telecommunications facilities notso set forth in the Physical Collocation application, CLEC shall furnish toPACIFIC a new Physical Collocation application and any Applicable EngineeringDesign Charge to cover such equipment or facilities. A new application will nottrigger new time frames (including deadlines for completion) unless there is amaterial change to construction plans. Thereafter, consistent with its obligationsunder the Act and applicable FCC and Commission rules, orders, and awards,PACIFIC may provide such written consent or may condition any such consent onadditional charges arising from the request, including any Application Fee andProject Coordination Fees and Engineering Design Charges and any additionalrequirements such as power and environmental requirements for such requestedtelecommunications equipment and/or facilities. Upon the execution by bothPACIFIC and CLEC of a final list and description and receipt by PACIFIC ofpayment of any applicable non-recurring charges, the Physical Collocationarrangement shall be deemed to have been amended and such requested


070999


telecommunications equipment and/or facilities shall be included within “CLECTelecom Equipment.”

9.5 CLEC may use the Dedicated Space for placement of CLEC telecommunicationsequipment that is necessary (“used or useful”) for interconnection or access toUNE’s. CLEC’s employees, agents and contractors shall be permitted accesscentral office to the Dedicated Space at all times, provided that CLEC’semployees, agents and contractors comply with PACIFIC’s policies and practicespertaining to fire, safety and security. CLEC agrees to comply promptly with alllaws, ordinances and regulations affecting the use of the Dedicated Space

9.6 Other than the security restrictions described herein, PACIFIC shall place norestriction on access to CLEC’s central office Dedicated Space by CLEC’semployees and designated agents. Such space shall be available to CLECdesignated agents twenty-four (24) hours per day each day of the week. PACIFICwill not impose unreasonable security restrictions for the Eligible Structure,including the Dedicated Space.

9.7 Upon the expiration of a Physical Collocation arrangement, CLEC shall surrenderthe Dedicated Space to PACIFIC, in the same condition as when first occupied byCLEC, ordinary wear and tear excepted.

9.8 CLEC Telecom Equipment, CLEC operating practices, or other activities orconditions attributable to CLEC that represent a demonstrable threat toPACIFIC’s network, equipment, or facilities, including the Eligible Structure, or tothe network, equipment, or facilities of any person or entity located in the EligibleStructure, are strictly prohibited.

9.9 Operation of any equipment, facilities or any other item placed in the DedicatedSpace shall not interfere with or impair service over PACIFIC’s network,equipment, or facilities, or the network, equipment, or facilities of any other personor entity located in the Eligible Structure; create hazards for or cause damage tothose networks, equipment, or facilities, the Dedicated Space, or the EligibleStructure; impair the privacy of any communications carried in, from, or throughthe network, equipment, facilities the Dedicated Space or the Eligible Structure; orcreate hazards or cause physical harm to any person, entity, or the public. Any ofthe foregoing events would be a material breach of this Appendix.

9.10 Upon CLEC’s request, PACIFIC will provide the connection between CLEC andother collocating telecommunications carriers via a Digital Cross Connect (DCS)or other telecommunications equipment at CLEC’s expense.

9.11 Subject to the limitations and restrictions of this Appendix, CLEC may place orinstall in or on the Dedicated Space such fixtures and unpowered facilities as it


070999


shall deem desirable for the conduct of business. Personal property, fixtures andunpowered facilities placed by CLEC in the Dedicated Space shall not become apart of the Dedicated Space, even if nailed, screwed or otherwise fastened to theDedicated Space, but shall retain their status as personal property and may beremoved by CLEC at any time. Any damage caused to the Dedicated Space by theremoval of such property shall be repaired at CLEC’s expense.

9.12 In no case shall CLEC or any person or entity purporting to be acting through oron behalf of CLEC make any significant rearrangement, modification,improvement, addition, repair, or other alteration to the Dedicated Space or theEligible Structure without the advance written permission and direction ofPACIFIC. PACIFIC shall consider a modification, improvement, addition, repair,or other alteration requested by CLEC, provided that PACIFIC shall have the rightto reject or modify any such request. PACIFIC will perform any suchconstruction, and the associated cost shall be paid by CLEC in accordance withPACIFIC’s then-standard custom work order process.

9.13 Unless otherwise expressly agreed in writing, PACIFIC will provide for all AC andDC power requirements in the Eligible Structure. The CLEC is not permitted to,and will not, place any AC or DC power-generating or power-storing devices(including, for example but not limited to rectifiers, battery plants, AC or DCgenerators) in the Eligible Structure. Power will support CLEC TelecomEquipment at the specified DC and AC voltages. At a minimum, the Power andPACIFIC’s associated performance, availability, restoration, and other operationalcharacteristics shall be at parity with that provided to PACIFIC’s substantiallysimilar telecommunications equipment unless otherwise mutually agreed in writing. All necessary Power will be supplied on a timely basis. A physical collocationspace will be considered timely delivered only if it is fully operational, includingpower, at the time it is turned over to CLEC. The use of at least one CollocationInterconnect Power Panel (CIPP) will be required with each application. Thispanel will provide a location for DC power terminations in all physical collocationarrangements. Typically, this panel will reside within one of the CLEC’s equipmentbays within their designated space.

10. STANDARDS

10.1 This Appendix and the Collocation provided hereunder is made available subject toand in accordance with the:

(a) SBC Local Exchange Carriers TP 76200MP, Network Equipment: Power,Grounding, Environmental, and Physical Design Requirements, and anysuccessor document(s), including as such may be modified at any time andfrom time to time;


070999


(b) PACIFIC’s most current Interconnector’s Collocation Services Handbookand any successor document(s), as may be modified from time to time asset forth below.

(c) TP 76300MP, SBC Local Exchange Carriers Installation Requirements,and any successor documents should be followed in installing networkequipment, and facilities within PACIFIC central offices and may bemodified from time to time.

(d) Any statutory and/or regulatory requirements in effect at the time of thesubmission of the Physical Collocation application or that subsequentlybecome effective and then when effective.

CLEC shall strictly observe and abide by each.

10.2 The Interconnector’s Collocation Services Handbook, TP 76300MP and the TP76200MP Standards are available on collocator’s Internet site.

10.3 If the Interconnector’s Collocation Services Handbook, or the TP 76300MP, ismodified subsequent to the effective date of this agreement from the attached, thefollowing shall apply:

(a) If a modification is made after the date on which CLEC has or orders aPhysical Collocation arrangement, PACIFIC shall provide CLEC withthose modifications or with revised versions of such, listing or noting themodifications as appropriate. Any such modification shall become effectiveand thereafter applicable under this Agreement thirty (30) days after suchamendment is released by PACIFIC, except for those specific amendmentsto which CLEC objects to within thirty (30) days of receipt, providingtherewith an explanation for each such objection. The Parties shall pursuesuch objections informally with each other and, if not resolved within forty-five (45) days, either Party will have fourteen (14) days to invoke thedispute resolution procedures applicable to this Agreement. If neitherParty invokes those procedures, the modification is deemed effective andapplicable.

(b) If a modification is made after this Appendix becomes part of an effective“Statement of Generally Available Terms and Conditions” or similardocument for PACIFIC (and the modification has not been included in achange to that “Statement” or this Appendix), then PACIFIC will provideCLEC with a copy of such modifications or the most recent version orrevision of the particular document promptly after receipt of CLEC’sphysical collocation application. Any CLEC objection to thosemodifications must be received by PACIFIC by the thirtieth (30th) day after


070999


their receipt by CLEC. Thereafter, the same process and procedure(including timelines) for resolving any objection made under Section12.3(a) shall apply.

(c) Notwithstanding Sections 10.3(a) and/or (b), any modification made toaddress situations potentially harmful to PACIFIC’s or another’s network,equipment, or facilities, the Eligible Structure, the Dedicated Space, or tocomply with statutory or regulatory requirements shall become effectiveimmediately and shall not be subject to objection. PACIFIC willimmediately notify CLEC of any such modification.

The terms and conditions expressly set forth in this Appendix shall control in theevent of an irreconcilable conflict with the Collocation Services Handbook and theTP 76300MP, or the TP76200MP (including any modification to any of them thatcan be objected to under this Section 10.3, regardless of whether CLEC objectedto such modification). Notwithstanding the immediately preceding, modificationsthat are governed by Section 10.3(c) shall apply regardless of any conflict orinconsistency with any other term or condition governing a Physical Collocationarrangement unless contrary to law.

10.4 CLEC warrants and represents compliance with TP76200MP, Level 1requirements for each item of the CLEC Telecom Equipment. CLEC alsowarrants and represents that any other telecommunications equipment or ancillarytelecommunications facilities that may be placed in the Dedicated Space aspermitted hereunder or otherwise shall be so compliant. DISCLOSURE OF ANYNON-COMPLIANT EQUIPMENT OR FACILITIES TO PACIFIC IN APHYSICAL COLLOCATION APPLICATION OR OTHERWISE SHALL NOTQUALIFY THIS ABSOLUTE CERTIFICATION REQUIREMENT IN ANYMANNER.

11. OPERATIONAL RESPONSIBILITIES

11.1 CLEC and PACIFIC are each responsible for providing to the other contactnumbers for technical personnel who are readily accessible twenty-four (24) hoursa day, seven (7) days a week.

11.2 CLEC and PACIFIC are each responsible for providing trouble report status orany network trouble of problems when requested by the other.

11.3 PACIFIC shall provide an interconnection point or points, physically accessible byboth PACIFIC and CLEC (typically a PACIFIC manhole) at which a CLEC fiberoptic cable can enter the Eligible Structure, provided that PACIFIC will designateinterconnection points as close as reasonably possible to the Eligible Structure. PACIFIC will provide at least two such interconnection points at each Eligible


070999


Structure where there are at least two entry points for PACIFIC’s cable facilitiesand at which space is available for new facilities in at least two of those entrypoints. CLEC is responsible for bringing its fiber optic cable to an accessible pointoutside of the Eligible Structure designated by PACIFIC, and for leaving sufficientcable length in order for PACIFIC to fully extend such CLEC-provided cable tothe Dedicated Space.

11.4 Regeneration of either DS-1 or DS-3 signal levels may be provided by CLEC orPACIFIC under its then-standard custom work order process, including paymentrequirements prior to the installation of the regeneration equipment.

11.5 If CLEC fails to remove its equipment and facilities from the Dedicated Spacewithin thirty (30) days after discontinuance of use, PACIFIC may perform theremoval and shall charge CLEC for any materials used in any such removal, andthe time spent on such removal at the then-applicable hourly rate for custom work. Further, in addition to the other provisions herein, CLEC shall indemnify and holdPACIFIC harmless from any and all claims, expenses, fees, or other costsassociated with any such removal by PACIFIC.

11.6 CLEC is solely responsible for the design, engineering, testing, performance, andmaintenance of the CLEC Telecom Equipment used by CLEC in the DedicatedSpace. CLEC is also responsible for servicing, supplying, repairing, installing andmaintaining the following facilities within the Dedicated Space:

(a) Its fiber optic cable(s);

(b) Its CLEC Telecom Equipment;

(c) Required point of termination cross-connects;

(d) Point of termination maintenance, including replacement of fuses andcircuit breaker restoration, if and as required; and

(e) The connection cable and associated equipment which may be requiredwithin the Dedicated Space to the point(s) of termination.

PACIFIC NEITHER ACCEPTS NOR ASSUMES ANY RESPONSIBILITYWHATSOEVER IN ANY OF THESE AREAS.

11.7 PACIFIC will allow CLEC to select its own vendors for all required engineeringand installation services associated with the CLEC Telecom Equipment (e.g.,PACIFIC shall not require CLEC to use PACIFIC’s internal engineering orinstallation work forces for the engineering and installation of the CLEC TelecomEquipment). Installation of the CLEC Telecom Equipment in the Dedicated Space


070999


must nevertheless comply with TP76300MP. CLEC-selected vendors must agreeto all policies and procedures in this appendix. Access to the Eligible Structureand the Dedicated Space for CLEC vendors must meet the same requirements asthe CLEC. CLEC vendors must be certified as required in the Interconnector’sCollocation Handbook.

11.8 Each Party is responsible for immediate verbal notification to the other ofsignificant outages or operations problems which could impact or degrade thatother’s network, equipment, facilities, or services, and for providing an estimatedclearing time for restoration. In addition, written notification must be providedwithin twenty-four (24) hours.

11.9 CLEC is responsible for coordinating with PACIFIC to ensure that services areinstalled in accordance with a service request.

11.10 CLEC is responsible for testing, isolating and clearing trouble when the trouble hasbeen isolated to inside the Premise, or to any piece of CLEC Telecom Equipment,or any other CLEC-provided facility or piece of equipment. If PACIFIC testing isalso required, it will be provided at charges specified in PACIFIC’s tariff.

12. VIRTUAL COLLOCATION

12.1 PACIFIC will provide Virtual Collocation in accordance with the Act, the FCCrules promulgated thereunder (e.g., 47 C.F.R. § 51.323), and any regulatorycommission decision. Unless inconsistent with this Section 13, Virtual CollocationInterconnection will be provided as set forth in the PACIFIC Interstate VirtualCollocation Tariffs (PACIFIC’s Tariff FCC No. 128) to the extent not inconsistentwith any regulatory commission decision.

12.2 If CLEC designates permitted telecommunications equipment for VirtualCollocation that is not set forth in PACIFIC (FCC Tariff 128, the provisioning ofsuch telecommunications equipment shall be handled in the same manner as is usedby PACIFIC for provisioning non-tariffed equipment under such tariffs; provided,however, that in no event shall PACIFIC be required to file any tariff, whetherinterstate or intrastate in jurisdiction. By way of example and not limitation,CLEC would apply for, and PACIFIC would price, provide, and bill suchtelecommunications equipment as if under PACIFIC’s Interstate VirtualCollocation Tariff.

12.3 When providing Virtual Collocation, PACIFIC will, at a minimum, install,maintain, and repair Virtual Collocation equipment for CLEC within the same timeperiods and with failure rates that are no greater than those that apply to theperformance of similar functions for comparable equipment of PACIFIC.

12.4 PACIFIC will provide Virtual Collocation in “Eligible Structures”, as defined in


070999


this Appendix, and permit the Virtual Collocation of telecommunicationsequipment permitted by 47 U.S.C. § 251(c) (6), FCC rules promulgatedthereunder (e.g., 47 C.F.R. § 51.323), and Commission decisions.

12.5 Notwithstanding any other provision hereof, PACIFIC is under no obligation toprovide and shall not provide Virtual Collocation for any equipment that, by itsnature or due to its characteristics and methods of operation, interferes with orimpairs service over PACIFIC’s network, equipment, or facilities, or the network,equipment, or facilities of any other person or entity; creates hazards for or causedamage to those networks, equipment, or facilities, Dedicated Space, or theEligible Structure; impairs the privacy of any communications carried in, from, orthrough the Eligible Structure; or creates hazards or cause physical harm to anyperson, entity, or the public. The terms Dedicated Space “Eligible Structure” is asdefined in this Appendix.

12.6 Unless otherwise agreed to by PACIFIC or required by law, thetelecommunications equipment that is permitted in any Eligible Structure forVirtual Collocation is limited to the same or substantially similartelecommunications equipment (determined with reference to power andenvironmental requirements and conditions) that PACIFIC already places in thatparticular Eligible Structure (determined on an Eligible Structure-by-EligibleStructure basis, and not by class of Eligible Structures). To the extent thatpermitted Virtual Collocation equipment is not the same or substantially similar,the preparation of the Eligible Structure (e.g., power, environmental) for theVirtual Collocation equipment will be charged to CLEC on an ICB basis.

12.7 Unless otherwise agreed to by PACIFIC or required by law, all Virtual Collocationequipment shall comply with TP 76200 MP and any successor document(s),including as such may be modified at any time and from time to time.

12.8 The terms and conditions expressly set forth in this Appendix shall control in theevent of an irreconcilable conflict with TP76200, MP Level One requirements(including any modification to any of them that can be objected to under thisSection 11.3, regardless of whether CLEC objected to such modification pursuantto Section 11.2). Notwithstanding the immediately preceding, modifications thatare governed by Section 11.3 shall apply regardless of any conflict or inconsistencywith any other term or condition governing a Virtual Collocation arrangementunless contrary to law.


070999


13. CASUALTY LOSS

13.1 If the Eligible Structure or the Dedicated Space are damaged by fire or othercasualty, and:

(a) The Dedicated Spaces are not rendered untenantable in whole or in part,PACIFIC shall repair the same at its expense (as herein limited) and therecurring charges shall not be abated, or

(b) The Dedicated Spaces are rendered untenantable in whole or in part andsuch damage or destruction can be repaired within ninety (90) days,PACIFIC has the option to repair the Dedicated Space at its expense (asherein limited) and the recurring charges shall be proportionately abated tothe extent and while CLEC was deprived of the use. If the DedicatedSpace cannot be repaired within ninety (90) days, or PACIFIC opts not torebuild, then the Physical Collocation arrangement provided in theDedicated Space shall (upon notice to CLEC within thirty (30) daysfollowing such occurrence) terminate as of the date of such damage. PACIFIC shall endeavor to relocate CLEC equipment in alternativelocation, or assist CLEC in developing alternative to physical location.

13.2 Any obligation on the part of PACIFIC to repair the Dedicated Space shall belimited to repairing, restoring and rebuilding the Dedicated Space as originallyprepared for CLEC and shall not include any obligation to repair, restore, rebuildor replace any alterations or improvements made by CLEC or by PACIFIC onrequest of CLEC; any CLEC Telecom Equipment; or other facilities or equipmentlocated in the Dedicated Space by CLEC or by PACIFIC on request of CLEC.

13.3 In the event that the Eligible Structure shall be so damaged by fire or othercasualty that closing, demolition or substantial alteration or reconstruction thereofshall be necessary then, notwithstanding that the Dedicated Space e may beunaffected thereby, PACIFIC, at its option, may terminate any PhysicalCollocation arrangement in that Eligible Structure by giving CLEC ten (10) daysprior written notice within thirty (30) days following the date of such occurrence,if at all possible.

14. RE-ENTRY

14.1 Unless otherwise set forth herein, if CLEC shall default in performance of any termor condition herein, and the default shall continue for thirty (30) days after receiptof written notice, or if CLEC is declared bankrupt or insolvent or makes anassignment for the benefit of creditors, PACIFIC may, immediately or at any timethereafter, without notice or demand, enter and repossess the Dedicated Space,expel CLEC and any claiming under CLEC, remove any CLEC Telecom


070999


Equipment and any other items in the Dedicated Space, forcibly if necessary, andthereupon such Physical Collocation arrangement shall terminate, withoutprejudice to any other remedies PACIFIC might have. PACIFIC may exercise thisauthority on a Dedicated Space-by-Dedicated Space basis.

14.2 PACIFIC may also refuse additional applications for collocation and/or refuse tocomplete any pending orders for additional space or collocation by CLEC at anytime thereafter.

15. LIMITATION OF LIABILITY

15.1 With respect to any claim or suit for damages arising in connection with themistakes, omissions, interruptions, delays or errors, or defects in transmissionoccurring in the course of furnishing service hereunder, the liability of PACIFIC, ifany, shall not exceed an amount equivalent to the proportionate monthly charge toCLEC for the period during which such mistake, omission, interruption, delay,error, or defect in transmission or service occurs and continues. However, anysuch mistakes, omissions, interruptions, delays, errors, or defects in transmissionor service which are caused or contributed to by the negligence or willful act ofCLEC or which arise in connection with the use of CLEC-provided facilities orequipment shall not result in the imposition of any liability whatsoever uponPACIFIC.

15.2 When CLEC is provided Physical Collocation under this Appendix, PACIFIC shallbe indemnified, defended and held harmless by CLEC against any claim, loss ordamage arising from CLEC’s use of PACIFIC’s Premises provided under thisAppendix, involving:

(a) Claims for libel, slander, invasion of privacy, or infringement of copyrightarising from the customer’s own communications;

(b) Claims for patent infringement arising from the customer’s acts combiningor using the service furnished by PACIFIC in connection with facilities orequipment furnished by the customer; or

(c) All other claims arising in connection with any act or omission of CLEC inthe course of using Physical Collocation provided pursuant to thisAppendix.

15.3 CLEC acknowledges and understands that PACIFIC may provide space in oraccess to the Eligible Structure to other persons or entities (“Others”), which mayinclude competitors of CLECs; that such space or access may be close to theDedicated Space, possibly including space adjacent to the Dedicated Space and/orwith access to the outside of the Dedicated Space; and that any cage placed around


070999


the Dedicated Space is a permeable boundary that will not prevent the Others fromobserving or even damaging CLEC’s equipment and facilities. In addition to anyother applicable limitation, PACIFIC shall have absolutely no liability with respectto any action or omission by any Other, regardless of the degree of culpability ofany such Other or PACIFIC, and regardless of whether any claimed PACIFICliability arises in tort or in contract. CLEC shall save and hold PACIFIC harmlessfrom any and all costs, expenses, and claims associated with any such acts oromission by any other acting for, through, or as a result of CLEC.

16. INDEMNIFICATION OF PACIFIC

In addition to any other provision hereof or of this Agreement, CLEC agrees to indemnify,defend and save harmless PACIFIC (including its officers, directors, employees, and otheragents) from any and all claims, liabilities, losses, damages, fines, penalties, costs,attorney’s fees or other expenses of any kind, arising in connection with CLEC’s use ofthe Dedicated Space, conduct of its business or any activity, in or about the DedicatedSpace, performance of any terms of this Appendix, or any act or omission of CLEC(including its officers, directors, employees, agents, contractors, servants, invitees, orlicensees). Defense of any claim shall be reasonably satisfactory to PACIFIC.

17. SERVICES, UTILITIES, MAINTENANCE AND FACILITIES

17.1 PACIFIC shall maintain for the Eligible Structure customary building services,utilities (excluding telephone facilities), including janitor and elevator services, 24hours a day.

17.2 At CLEC’s request, PACIFIC shall provide business telephone service with aconnection jack from PACIFIC in the Dedicated Space subject to applicablePACIFIC tariffs including charges thereof. Upon CLEC’s request, sufficiently inadvance, such service shall be available at Dedicated Space on the day that thespace is turned over to CLEC by PACIFIC.

17.3 PACIFIC will provide negative DC and AC power, back-up power, lighting,ventilation, heat, air conditioning and other environmental conditions necessary forthe CLEC Telecom Equipment in the same manner and at the same standards thatPACIFIC provides such conditions for its own substantially similar equipment orfacilities within that Eligible Structure.

17.4 PACIFIC shall maintain the exterior of the Eligible Structure and grounds, and allentrances, stairways, passageways, and exits used by CLEC to access theDedicated Space.

17.5 PACIFIC agrees to make, at its expense, all changes and additions to theDedicated Space required by laws, ordinances, orders or regulations of any


070999


municipality, county, state or other public authority including the furnishing ofrequired sanitary facilities and fire protection facilities, except fire protectionfacilities specially required because of the installation of telephone or electronicequipment and fixtures in the Dedicated Space.

18. NOTICES

18.1 Except in emergency situations, PACIFIC shall provide CLEC with written noticefive (5) business days prior to those instances where PACIFIC or itssubcontractors may be undertaking a major construction project in the general areaof the Dedicated Space or in the general area of the AC and DC power plantswhich support the Dedicated Space.

18.2 PACIFIC will inform CLEC by telephone of any emergency-related activity thatPACIFIC or its subcontractors may be performing in the general area of theDedicated Space occupied by CLEC or in the general area of the AC and DCpower plants which support the Dedicated Space. Notification of any emergencyrelated activity should be made to CLEC as soon as reasonably possible so thatCLEC can take any action required to monitor or protect its service.

18.3 PACIFIC will provide CLEC with written notification within ten (10) businessdays of any scheduled AC or DC power work or related activity in the EligibleStructure that will cause an outage or any type of power disruption to CLECTelecom Equipment. PACIFIC shall provide CLEC immediate notification bytelephone of any emergency power activity that would impact CLEC TelecomEquipment.

19. INSURANCE

19.1 CLEC shall, at its sole cost and expense procure, maintain, pay for and keep inforce the following insurance coverage and any additional insurance and/or bondsrequired by law and underwritten by insurance companies having a BESTInsurance rating of A+VII or better, and which is authorized to do business in theState of CALIFORNIA. PACIFIC shall be named as an ADDITIONALINSURED on general liability policy.

19.1.1 Comprehensive General Liability insurance including Products/CompletedOperations Liability insurance including the Broad Form ComprehensiveGeneral Liability endorsement (or its equivalent(s)) with a CombinedSingle limit for Bodily Injury and Property Damage of $1 million. Saidcoverage shall include the contractual, independent contractorsproducts/completed operations, broad form property, personal injury andfire legal liability.


070999


19.1.2 If use of an automobile is required or if CLEC is provided or otherwiseallowed parking space by PACIFIC in connection with PhysicalCollocation provided under this Appendix, automobile liability insurancewith minimum limits of $1 million each accident for Bodily Injury, Deathand Property Damage combine. Coverage shall extend to all owned, hiredand non-owned automobiles. CLEC hereby waives any rights of recoveryagainst PACIFIC for damage to CLEC’s vehicles while on the grounds ofthe Eligible Structure and CLEC will hold PACIFIC harmless andindemnify it with respect to any such damage or damage to vehicles ofCLEC’s employees, contractors, invitees, licensees or agents.

19.1.3 Workers’ Compensation insurance with benefits afforded in accordancewith the laws of the state of CALIFORNIA.

19.1.4 Employer’s Liability insurance with minimum limits of $100,000 for bodilyinjury by accident, $100,000 for bodily injury by disease per employee and$500,000 for bodily injury by disease policy aggregate.

19.1.5 Umbrella/Excess liability coverage in an amount of $5 million excess ofcoverage specified above.

19.1.6 All Risk Property coverage on a full replacement cost basis insuring all ofCLEC’s personal property situated on or within the Eligible Structure orthe Dedicated Space. CLEC releases PACIFIC from and waives any andall right of recovery, claim, action or cause of action against PACIFIC, itsagents, directors, officers, employees, independent contractors, and otherrepresentatives for any loss or damage that may occur to equipment or anyother personal property belonging to CLEC or located on or in the space atthe instance of CLEC by reason of fire or water or the elements or anyother risks would customarily be included in a standard all risk casualtyinsurance policy covering such property, regardless of cause or origin,including negligence of PACIFIC, its agents, directors, officers, employees,independent contractors, and other representatives. Property insurance onCLEC’s fixtures and other personal property shall contain a waiver ofsubrogation against PACIFIC, and any rights of CLEC against PACIFICfor damage to CLEC’s fixtures or personal property are hereby waived.

19.2 CLEC may also elect to purchase business interruption and contingent businessinterruption insurance, knowing that PACIFIC has no liability for loss of profit orrevenues should an interruption of service occur that is attributable to any PhysicalCollocation arrangement provided under this Appendix.

19.3 The limits set forth in this Section may be increased by PACIFIC from time to timeduring the term of a Collocation arrangement to at least such minimum limits as


070999


shall then be customary in respect of comparable situations within the existingPACIFIC structure.

19.4 All policies purchased by CLEC shall be deemed to be primary and notcontributing to or in excess of any similar coverage purchased by PACIFIC.

19.5 All insurance must be in effect on or before occupancy date and shall remain inforce as long as any of CLEC’s Telecom Equipment or other CLEC facilities orequipment remain within the Dedicated Space or the Eligible Structure.

19.6 CLEC shall submit certificates of insurance and policy binders reflecting thecoverages specified above prior to, and as a condition of, PACIFIC’s obligation toturn over the Dedicated Space to CLEC or to permit any CLEC-designatedsubcontractors into the Eligible Structure pursuant to Section 5.9.1. CLEC shallarrange for PACIFIC to receive thirty (30) days advance written notice fromCLEC’s insurance company(ies) of cancellation, non-renewal or substantialalteration of its terms.

19.7 CLEC must also conform to recommendations made by PACIFIC’s PropertyInsurance Company, if any, unless a recommendation is also applicable toPACIFIC and PACIFIC does not so conform in the Eligible Structure where theDedicated Space is located.

19.8 Failure to comply with the provisions of this “Insurance” Section will be deemed amaterial breach of this Appendix.

20. PROTECTON OF SERVICE AND PROPERTY

20.1 For the purpose of notice permitted or required by this Appendix, each Party shallprovide the other Party a Single Point of Contact (“SPOC”) available twenty-four(24) hours a day, seven (7) days a week.

20.2 Except as may otherwise be provided:

(a) PACIFIC and CLEC shall each exercise reasonable care to prevent harm ordamage to the other Party, its employees, agents or customers, or theirproperty; and

(b) Each Party, its employees, agents, or representatives agree to takereasonable and prudent steps to ensure the adequate protection of propertyand services of the other Party.

20.3 Each Party shall restrict access to the Eligible Structure and the Dedicated Spaceto employees and authorized agents of that other Party.


070999


20.4 PACIFIC shall use electronic access controls to protect all spaces which house orcontain CLEC equipment or equipment enclosures, but if electronic controls arenot available, PACIFIC shall either furnish security guards at those PACIFIClocations already protected by security guards on a seven (7) day per week,twenty-four (24) hour a day basis; and if none, PACIFIC shall permit CLEC toinstall monitoring equipment in the collocation space to carry data back to CLEC’swork center for analysis. CLEC agrees that CLEC is responsible for problems oralarms related to CLEC’s equipment or equipment enclosures located onPACIFIC’s Dedicated Space.

20.5 PACIFIC shall furnish CLEC with the identifying credentials to be carried by itsemployees and authorized agents to be paid for by the CLEC. The CLEC mustmaintain an updated list of all authorized employees and authorized agents on aDedicated Space-by-Dedicated Space basis for every Eligible Structure wherethere are PACIFIC security guards.

20.6 CLEC shall comply with the security and safety procedures and requirements ofPACIFIC, including but not limited to sign-in, and identification.

20.7 PACIFIC shall furnish CLEC with all keys, entry codes, lock combinations, orother materials or information that may be needed to gain entry into any securedCLEC space in central offices. In the event of an emergency, CLEC shall contacta SPOC provided by PACIFIC for access to spaces which house or contain CLECequipment or equipment enclosures.

20.8 PACIFIC shall use reasonable measures to control unauthorized access frompassenger and freight elevators to spaces which contain or house CLEC equipmentor equipment enclosures.

20.9 PACIFIC shall use best efforts to provide notification within two (2) hours todesignated CLEC personnel to indicate an actual security breach.

20.10 PACIFIC shall be responsible for the security of the Eligible Structure. If asecurity issue arises or if CLEC believes that PACIFIC’s security measures areunreasonably lax, CLEC shall notify PACIFIC and the Parties shall work togetherto address the problem. PACIFIC shall, at a minimum, do the following:

20.10.1 Where a cage is used, PACIFIC shall design collocation cages to preventunauthorized access; provided, however, that CLEC realizes and assentsto the fact that the cage will be made of wire mesh.

20.10.2 PACIFIC shall establish procedures for controlling access to thecollocation areas by employees, security guards and others. Those


070999


procedures shall limit access to the collocation areas to PACIFIC’semployees, agents or invitees having a business need, such as a periodicreview of the Dedicated Space, to be in these areas. PACIFIC shallrequire all persons entering the collocation areas to wear identificationbadges.

20.10.3 PACIFIC shall provide card key access to all collocation equipment areaswhere a secured pathway to the collocation space is made available tocollocators, along with a positive key control system for eachcollocator’s caged Dedicated Space. PACIFIC shall respondimmediately to reported problems with CLEC key cards.

20.10.4 In emergency situations common courtesy will be extended betweenCLEC and PACIFIC’s employees, including the provision of first aid andfirst aid supplies.

20.11 CLEC shall limit access to CLEC employees directly to and from the DedicatedSpace and will not enter unauthorized areas under any circumstances.

21. MISCELLANEOUS

21.1 PACIFIC may refuse requests for additional space in the Eligible Structure or inany other PACIFIC Dedicated Space if CLEC is in material breach of thisAppendix, including having any past due charges hereunder. In any and each suchevent, CLEC hereby releases and shall hold PACIFIC harmless from any duty tonegotiate with CLEC or any of its affiliates for any additional space or Collocationarrangement.

21.2 The parties acknowledge and agree that the terms and conditions set forth in thisAppendix, including among others those above relating to cageless collocation, aresubject to any legal or equitable rights of review and remedies (including, but notlimited to, the need to renegotiate this Appendix if any agency reconsiderationand/or court review results in changes in FCC 99-48.)

22. APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS

This appendix, and every interconnection, service and network element providedhereunder, shall be subject to all rates, terms and conditions contained in this Agreementor other appendices or attachments to this Agreement which are legitimately related tosuch interconnection, service or network element; and all such rates, terms and conditionsare incorporated by reference herein and as part of every interconnection, service andnetwork element provided hereunder. Without limiting the general applicability of theforegoing, the following terms and conditions of the General Terms and Conditions arespecifically agreed by the Parties to be legitimately related to, and to be applicable to, eachinterconnection, service and network element provided hereunder: definitions,


070999


interpretation and construction, notice of changes, general responsibilities of the Parties,effective date, term, termination, disclaimer of representations and warranties, changes inend user local exchange service provider selection, severability, intellectual property,indemnification, limitation of liability, force majeure, confidentiality, audits, disputedamounts, dispute resolution, intervening law and miscellaneous.

Documents

HOPFINGER AFFIDAVIT Attachment SSS