DeltaCom, Inc. (fka ITCD Stand-Alone AL MTSR, LNP Recovery ...

Version: 2Q05 Standard ICA
09/02/05
Attachment 2
Exhibit 1-Form
Page 4
BellSouth’s receipt of a complete and accurate Conversion request from
ITC^DeltaCom. A Conversion shall be considered termination for purposes of any
volume and/or term commitments and/or grandfathered status between
ITC^DeltaCom and BellSouth. Any change from a wholesale service/group of
wholesale services to a Network Element/Combination, or from a Network
Element/Combination to a wholesale service/group of wholesale services, that
requires a physical rearrangement will not be considered to be a Conversion for
purposes of this Agreement. BellSouth will not require physical rearrangements if
the Conversion can be completed through record changes only. Orders for
Conversions will be handled in accordance with the guidelines set forth in the
Ordering Guidelines and Processes and CLEC Information Packages as referenced
in Sections 1.13.1 and 1.13.2 below.
1.7 Except to the extent expressly provided otherwise in this Attachment,
ITC^DeltaCom may not maintain unbundled network elements or combinations of
unbundled network elements, that are no longer offered pursuant to this
Agreement (collectively “Arrangements”). In the event BellSouth determines that
ITC^DeltaCom has in place any Arrangements after the Effective Date of this
Agreement, BellSouth will provide ITC^DeltaCom with thirty (30) days written
notice to disconnect or convert such Arrangements. If ITC^DeltaCom fails to
submit orders to disconnect or convert such Arrangements within such thirty (30)
day period, BellSouth will transition such circuits to the equivalent tariffed
BellSouth service(s). Those circuits identified and transitioned by BellSouth
pursuant to this Section 1.7 shall be subject to all applicable disconnect charges as
set forth in this Agreement and the full nonrecurring charges for installation of the
equivalent tariffed BellSouth service as set forth in BellSouth’s tariffs. The
applicable recurring tariff charge shall apply to each circuit as of the Effective Date
of this Agreement.
1.8 The Parties agree that for purposes of this Agreement, the list attached hereto as
Exhibit D designates those wire centers that meet the FCC’s established criteria for
non-impairment as of March 10, 2005 and constitutes BellSouth’s list of nonimpaired
wire centers where certain high capacity (DS1 and above) Loops and
high capacity Dedicated Transport are no longer available as Network Elements.
This list of non-impaired wire centers shall be subject to modification and/or the
addition of wire centers without amendment provided the changes are compliant
with the FCC’s non-impairment criteria. Notification of such modification and/or
addition of wire centers shall be via BellSouth’s web site. Upon the Effective Date
of this Agreement, ITC^DeltaCom will not place any new orders for high capacity
Dedicated Transport or high capacity Loops in those wire centers listed in Exhibit
D as modified from time to time as provided for above. In all other wire centers,
prior to submitting an order pursuant to this Agreement for high capacity
Dedicated Transport or high capacity Loops, ITC^DeltaCom shall undertake a
reasonably diligent inquiry to determine whether ITC^DeltaCom is entitled to
CCCS 27 of 154
[CCCS Amendment 12 of 120]