TC Systems, Inc. South Carolina - AT&T Clec Online

3.8 Maintenance – Line Splitting
Version 3Q03: 11/12/2003
BST 09/29/05 AL
Attachment 2
Page 52
3.8.1 BellSouth will be responsible for repairing voice services and the physical Loop
between the NID at the customer’s premises and the termination point. TC
SYSTEMS will be responsible for maintaining the voice and data services. Each
Party will be responsible for maintaining its own equipment.
3.8.2 TC SYSTEMS shall inform its end users to direct all problems to TC SYSTEMS
or its authorized agent.
3.8.3 TC SYSTEMS shall indemnify, defend and hold harmless BellSouth from and
against any claims, losses, actions, causes of action, suits, demands, damages,
injury, and costs including reasonable attorney fees, which arise out of actions
related to the other service provider, except to the extent caused by BellSouth’s
gross negligence or willful misconduct.
4 Unbundled Network Element Combinations
4.1 Except as otherwise set forth in this Agreement, upon request, BST shall perform
the functions necessary to combine network Elements that BST is required to
provide under this Agreement in any manner, even if those elements are not
ordinarily combined in BST's network, provided that such Combination is
technically feasible and will not undermine the ability of other carriers to obtain
access to Network Elements or to interconnect with BST's network. If required,
BellSouth will provide such combinations of Network Elements on rates, terms
and conditions that are just, reasonable, and non-discriminatory and in accordance
with the terms and conditions of this Agreement, Act, all applicable Federal and
State rules and law.
4.1.1 For purposes of this Section, references to “Currently Combined” Network
Elements shall mean that the particular Network Elements requested by TC
SYSTEMS are, in fact, already combined by BellSouth in the BellSouth network
at the location of TC SYSTEMS’s order. A customer may or may not be utilizing
this combination at the time of ordering. ”Ordinarily Combined” Network
Elements shall be provided to TC SYSTEMS pursuant to 47 CFR 51.315.
References to “Not Typically Combined” Network Elements shall mean that the
particular Network Elements requested by TC SYSTEMS are not elements that
BellSouth combines for its use in its network and shall be made available to TC
SYSTEMS pursuant to the BFR/NBR process.
4.1.2 Upon request, BellSouth shall perform the functions necessary to combine
unbundled Network Elements in any manner, even if those elements are not
ordinarily combined in BellSouth’s network, provided that such combination is
CCCS 133 of 433