By Kevin Riley,2014-01-31 15:50
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    By and Between

    BellSouth Telecommunications, Inc.



    Revised 4/00 1




THIS AGREEMENT, made this 9th day of May, 2000, by and between BellSouth

    Telecommunications, Inc., (“BellSouth”) a corporation organized and existing under the laws of

    the State of Georgia, and Winstar Wireless Inc., (“Winstar”) a (corporation) organized and existing under the laws of Delaware;

    W I T N E S S E T H

     WHEREAS, Winstar is a telecommunications carrier and wishes to occupy space on the roofs of BellSouth Central Office Buildings for the physical collocation of microwave equipment as defined herein for the purpose of interconnection to BellSouth’s facilities;

     WHEREAS, BellSouth has space available on its Central Office rooftop(s) which Winstar

    desires to utilize; and

     WHEREAS, BellSouth is willing to make such space available to Winstar on its Central Office rooftop(s) subject to all terms and conditions of this Agreement;

     NOW THEREFORE, in consideration of the mutual agreements and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:


    Where technically feasible and where space is available, BellSouth will provide for physical collocation of Winstar’s microwave equipment on the roofs of BellSouth’s Central Office Buildings. Such equipment will be limited to that necessary for interconnection of Winstar’s network facilities to BellSouth’s network or access to BellSouth’s unbundled network elements.

    Microwave Collocation includes placement of supporting masts, non-penetrating roof mounts (“NPRM”), penetrating pipe stands, parapet mounts, and microwave antenna(e) on the roof top or other suitable exterior spaces of BellSouth’s Central Offices and does not include the

    construction of towers. The Parties will work together to determine the preferable type of antenna mount reasonably considering such factors as permitting requirements, roof maintenance issues and any other relevant factors. BellSouth shall have final approval of the type of antenna mount. The Parties agree that the elements listed below reflect requirements for Microwave Collocation, which shall be provided in accordance with the rates, terms and conditions set forth below. The Parties acknowledge that Microwave Collocation requires unobstructed line-of-sight. Unobstructed line-of-sight will be provided by BellSouth where technically feasible but is not guaranteed to be available. Winstar accepts the responsibility of determining unobstructed line-of-sight at any location where Winstar applies for Microwave Collocation.

    Revised 4/00 2


A. Term

    The Term of this Agreement shall be for an initial period of two (2) years, beginning

    on the Agreement date stated above and ending two (2) years later on the month and

     day corresponding to such date.

B. Initial Site Visit

    Winstar will provide a Site Visit Request to BellSouth, in writing, setting forth the

    names of the BellSouth Central Office Buildings(s) Winstar wishes to visit for

    potential Microwave Collocation. Such site visit consists of Winstar representatives

    and appropriate BellSouth personnel visiting a BellSouth Central Office building for

    the purpose of determining whether an unobstructed line-of-sight is technically

    feasible. Winstar will be responsible for making an unobstructed line-of-sight

    determination. Such Site Visit does not obligate Winstar to request, or BellSouth to

    provide, Microwave Collocation on the site. The site visit will take place within fifteen

    (15) business days of receipt by BellSouth of Winstar’s Site Visit Request or as soon

    thereafter as can be scheduled by the Parties.

     Winstar will submit a Site Visit Request fee of $250.00 and will pay for the reasonable

    cost BellSouth incurs for travel, if necessary, for each site requested with each Site

    Visit not to exceed two hours. Charges for site visits that take longer than two (2)

    hours will be charged by BellSouth to Winstar at BellSouth’s loaded labor rates on a

    per hour basis in addition to the $250.00 fee. BellSouth will make every effort

    possible to use resources near the requested location to minimize travel required. If

    BellSouth determines that airline travel is required, BellSouth will contact Winstar in

    an effort to discuss possible alternatives.

    Revised 4/00 3

C. Microwave Collocation Application

     Winstar shall submit the Application and Inquiry document and appropriate

    collocation application fee and BellSouth will respond to Microwave Collocation

    Application(s) pursuant to the relevant sections of BellSouth’s FCC #1, Section 20

    tariff (BellSouth Virtual Expanded Interconnection) , in addition to a Microwave

    Collocation Agreement for each central office building where Winstar seeks

    Microwave Collocation. This application and fees will apply both to space on the roof

    as well as space inside the BellSouth central office.

    Winstar shall provide BellSouth with the following data on the application to the

    extent available recognizing that certain information may change depending on the

    final determination of the location providing line of sight:

    ; Type of antenna mount (pipe, NPRM)

    ; Type of equipment to be collocated within Winstar’s case (vendor,


    ; Line of sight requirements (Azimuth)

    ; Relevant information includes: Station Name, Call Sign, Latitude,

    Longitude, Primary Antenna Type, Equipment Type, Equipment

    Emission, Power (dBm/Watts), Receive Level (dBm), EIRP

    (dBm/Watts), Transmit Frequency (MHz)


    ; Other relevant information as identified at the INITIAL site visit.

     Roof Inspection: BellSouth may require a roof inspection at any site where

     Winstar requests Microwave Collocation. Winstar will bear

     the reasonable cost of the inspection including reasonable travel cost if any.

     BellSouth intends to use an independent contractor which may be accompanied by

     BellSouth personnel. The roof inspection fee shall be assessed on an individual case

     basis unless negotiated as a flat rate by the Parties. Such Roof Inspection does not

     obligate BellSouth to provide Microwave Collocation on the site.

     If BellSouth concludes that rooftop/exterior space which provides Winstar with

    unobstructed line-of-sight does not appear to be technically feasible, BellSouth will

    provide Winstar a written explanation of such technical infeasibility within thirty (30)

    business days of BellSouth’s receipt of the collocation application including those

    cases where BellSouth’s known business plans provide for or include an addition to

    the building which would impact the line of sight. This explanation will be included in

    the response to Winstar’s application.

    Revised 4/00 4

     BellSouth or its designated subcontractors shall perform all necessary work

    associated with the Microwave Collocation arrangement involving power and building

    modifications unless otherwise agreed to by the Parties. All work performed shall be

    done by a BellSouth certified vendor. Winstar shall select a vendor which has been

    approved as a BellSouth Certified Vendor to perform all engineering and installation

    work of the Microwave Collocation arrangement pursuant to TR-73503, BST Electrical

    Standards for Wireless Service Providers on BellSouth facilities Issue 1, Sept 1996,

    and BST Building Construction and Fire Safety Standards Section 16170 June

    1998. In some cases Winstar must select separate BellSouth Certified Vendors for

    transmission equipment, switching equipment and power equipment. BellSouth shall

    provide Winstar with a list of Certified Vendors pursuant to Section 20.20 of

    BellSouth’s FCC #1, Virtual Expanded Interconnection tariff and the Certified Vendor

    shall bill Winstar directly for all work performed for Winstar and BellSouth shall have

    not liability for nor responsibility to pay such charges imposed by the Certified Vendor.

    BellSouth shall consider certifying Winstar or any vendor proposed by Winstar.

     If rooftop/exterior space is available BellSouth shall provide Winstar an estimate for

    such microwave collocation as described more fully in provision 1.D at the same time

    BellSouth provides its interior collocation space quote.

    Revised 4/00 5

     D. Preparation of Estimate / Application Response

     Within thirty (30) business days of receiving from Winstar a single complete and

    accurate Application and Inquiry document, BellSouth will provide, as more fully

    described below, an estimate including an estimate for the Non-Recurring Charges

    and Monthly Recurring Charges pursuant to the rates and terms set forth in

    BellSouth’s FCC #1, Section 20 tariff for virtual collocation and Exhibit B.

     The estimate shall reflect the specifications submitted by Winstar and may change

    based on the actual field conditions encountered during construction.

    (1) Estimate:

    (a) The Estimate /Application Response shall set forth separate estimated

    charges for the following work related to the installation of the Microwave

    Antenna Arrangement.

    (i) Architectural Plan and Structural Review:

     This shall be the reasonable sum of hourly charges of BellSouth

    Architects or its contractors necessary to review the plans for the

    Microwave Collocation Arrangement. This will include applicable

    consulting charges and fees for reviewing permitting material and/or

    assisting Winstar in the permitting process to the extent required.