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.
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1. PROVISIONING PROCESS AND FEES
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.
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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)
; WEIGHT AND CONFIGURATION
; 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.
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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.
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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.
(a) The Estimate /Application Response shall set forth separate estimated
charges for the following work related to the installation of the Microwave
(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.