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Customer Name: Southern Light, LLC - AT&T Clec Online

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Page 83 of 374<br />

ATT 2 – NETWORK ELEMENTS AND OTHER SERVICES/AT&T-9STATE<br />

PAGE 34 OF 44<br />

<strong>Southern</strong> <strong>Light</strong><br />

1Q08 GENERIC INTERCONNECTION AGREEMENT – 03/10/08<br />

forward basis. In the event the auditor’s report concludes that <strong>Southern</strong> <strong>Light</strong> did not comply in any<br />

material respect with the service eligibility criteria, <strong>Southern</strong> <strong>Light</strong> shall reimburse AT&T for the cost<br />

of the independent auditor. To the extent the auditor’s report concludes that <strong>Southern</strong> <strong>Light</strong> did<br />

comply in all material respects with the service eligibility criteria, AT&T will reimburse <strong>Southern</strong><br />

<strong>Light</strong> for its reasonable and demonstrable costs associated with the audit. <strong>Southern</strong> <strong>Light</strong> will<br />

maintain appropriate documentation to support its certifications. The Parties shall provide such<br />

reimbursement within thirty (30) days of receipt of a statement of such costs.<br />

4.3.4.5.1 For the state of Alabama, <strong>Southern</strong> <strong>Light</strong> will maintain appropriate documentation to support its<br />

certifications and may dispute any portion of the findings of an audit by petitioning the Commission<br />

for a review within twenty (20) days of receiving the reported findings of the auditor.<br />

4.3.4.6 In the event <strong>Southern</strong> <strong>Light</strong> converts special access services to Network Elements, <strong>Southern</strong> <strong>Light</strong><br />

shall be subject to the termination liability provisions in the applicable special access tariffs, if any.<br />

5 Dedicated Transport and Dark Fiber Transport<br />

5.1 Dedicated Transport. Dedicated Transport is defined as AT&T’s transmission facilities between<br />

wire centers or switches owned by AT&T, or between wire centers or switches owned by AT&T and<br />

switches owned by <strong>Southern</strong> <strong>Light</strong>, including but not limited to DS1, DS3 and OCn level services,<br />

as well as dark fiber, dedicated to <strong>Southern</strong> <strong>Light</strong>. AT&T shall not be required to provide access to<br />

OCn level Dedicated Transport under any circumstances pursuant to this Agreement.<br />

5.2 DS1 and DS3 Dedicated Transport Requirements<br />

5.2.1 For purposes of this Section 5.2, a Business Line is as defined in 47 C.F.R. § 51.5.<br />

5.2.2 Notwithstanding anything to the contrary in this Agreement, AT&T shall make available Dedicated<br />

Transport as described in this Agreement, except in any wire center meeting the criteria described<br />

below:<br />

5.2.2.1 DS1 Dedicated Transport where both wire centers at the end points of the route contain thirty-eight<br />

thousand (38,000) or more Business Lines or four (4) or more fiber-based collocators.<br />

5.2.2.2 DS3 Dedicated Transport where both wire centers at the end points of the route contain twenty-four<br />

thousand (24,000) or more Business Lines or three (3) or more fiber-based collocators.<br />

5.2.2.3 The Master List of Unimpaired Wire Centers and AT&T’s List of Unimpaired Wire Centers, as<br />

described in Section 1.8, sets forth the list of wire centers meeting the criteria set forth in Sections<br />

5.2.2.1 and 5.2.2.2 above as of March 11, 2005.<br />

5.2.2.4 Once a wire center meets or exceeds either of the thresholds set forth in Section 5.2.2.1 above, no<br />

future DS1 Dedicated Transport unbundling will be required between that wire center and any other<br />

wire center exceeding these same thresholds.<br />

CCCS 83 of 370

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