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

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Version: 2Q05 <strong>Stand</strong>ard ICA<br />

09/02/05<br />

Attachment 2<br />

Exhibit 1-Form<br />

Page 57<br />

6.9.1.4.1 Dark Fiber Transport where both wire centers at the end points of the route<br />

contain twenty-four thousand (24,000) or more Business Lines or three (3) or<br />

more fiber-based collocators.<br />

6.9.1.5 A list of wire centers meeting the criteria set forth in Section 6.9.1.4 above as of<br />

March 10, 2005, Intial Wire Center List is set forth in Exhibit D hereto or as<br />

modified by a subsequent notification via BellSouth’s web site.<br />

6.9.1.6 Notwithstanding the Effective Date of this Agreement, during the Transition<br />

Period, the rates for ITC^<strong>DeltaCom</strong>’s Embedded Base of Dark Fiber Transport as<br />

described in Section 6.9.1.2 above shall be as set forth in Exhibit B and the rates<br />

for ITC^<strong>DeltaCom</strong>’s Embedded Base of Dark Fiber Transport Entrance Facilities<br />

as described in Section 6.9.1 above shall be as set forth in Exhibit A. On or after<br />

December 1, 2005, BellSouth shall bill to ITC^<strong>DeltaCom</strong> the amount owed for the<br />

Embedded Base of Dark Fiber Transport and the Embedded Base of Dark Fiber<br />

Transport Entrance Facilities for the period from March 11, 2005 to the Effective<br />

Date, and ITC^<strong>DeltaCom</strong> shall pay such amount according to payment processes<br />

set forth in Attachment 7 of this Agreement.<br />

6.9.1.7 The Transition Period shall apply only to ITC^<strong>DeltaCom</strong>’s Embedded Base of<br />

Dark Fiber Transport and Dark Fiber Entrance Facilities. ITC^<strong>DeltaCom</strong> shall not<br />

add new Dark Fiber Transport as described in this Section 6.9 except pursuant to<br />

the self-certification process as set forth in Section 1.8 above and as set forth in<br />

Section 6.9.1.10 below. Further, ITC^<strong>DeltaCom</strong> shall not add new Dark Fiber<br />

Entrance Facilities pursuant to this Agreement.<br />

6.9.1.8 Once a wire center exceeds either of the thresholds set forth in this Section 6.9.1.4<br />

above, no future Dark Fiber Transport unbundling will be required in that wire<br />

center.<br />

6.9.1.9 No later than June 10, 2006 ITC^<strong>DeltaCom</strong> shall submit spreadsheet(s) identifying<br />

all of the Embedded Base of Dark Fiber Transport and Dark Fiber Entrance<br />

Facilities to be either disconnected or converted to other BellSouth services as<br />

Conversions pursuant to Section 1.6 above. The Parties shall negotiate a project<br />

schedule for the Conversion of the Embedded Base.<br />

6.9.1.9.1 If ITC^<strong>DeltaCom</strong> fails to submit the spreadsheet(s) specified in Section 6.9.1.9<br />

above for all of its Embedded Base prior to June 10, 2006, BellSouth will identify<br />

ITC^<strong>DeltaCom</strong>'s remaining Embedded Base, if any, and will transition such<br />

circuits to the equivalent tariffed BellSouth service(s). Those circuits identified<br />

and transitioned by BellSouth pursuant to this Section 6.9.1.9.1 shall be subject to<br />

all applicable disconnect charges as set forth in this Agreement and the full<br />

nonrecurring charges for installation of the equivalent tariffed BellSouth service as<br />

set forth in BellSouth's tariffs.<br />

CCCS 80 of 154<br />

[CCCS Amendment 65 of 120]

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