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

Version 3Q03: 11/12/2003
BST 09/29/05 AL
Attachment 2
Page 64
remove such equipment at TC SYSTEMS’s request subject to time and charges
required to remove this equipment.
5.6.3 Transition for Dark Fiber Transport and Dark Fiber Transport Entrance Facilities
5.6.3.1 For purposes of this Section 5.6.3, the Transition Period for the Embedded Base
of Dark Fiber Transport is the eighteen (18) month period beginning March 11,
2005 and ending September 10, 2006.
5.6.3.2 For purposes of this Section 5.6.3, Embedded Base means Dark Fiber Transport
that was in service for TC SYSTEMS as of March 10, 2005 in those wire centers
that, as of such date, met the criteria set forth in 5.6.3.4.1. Subsequent
disconnects or loss of end users shall be removed from the Embedded Base.
5.6.3.3 For purposes of this Section 5.6.3, a Business Line, Wire Center, and Fiber-Based
Collocator is as defined in 47 C.F.R. § 51.5.
5.6.3.4 Notwithstanding anything to the contrary in this Agreement, BellSouth shall make
available Dark Fiber Transport as described in this Section 5.6.3 only for TC
SYSTEMS’s Embedded Base during the Transition Period:
5.6.3.4.1 Dark Fiber Transport where both wire centers at the end points of the route
contain 24,000 or more Business Lines or three (3) or more fiber-based
collocators.
5.6.3.5 A list of wire centers meeting the criteria set forth in Section 5.6.3.4 above as of
March 10, 2005, ("Initial List") is available on BellSouth's Interconnection
Services Web site at www.interconnection.bellsouth.com.
5.6.3.6 Notwithstanding the Effective Date of this Agreement, during the Transition
Period, the rates for TC SYSTEMS’s Embedded Base of Dark Fiber Transport as
described in Section 5.6.3.2 shall be as set forth in Exhibit B and the rates for TC
SYSTEMS’s Embedded Base of Dark Fiber Transport Entrance Facilities as
described in Section 5.6.3 shall be as set forth in Exhibit A.
5.6.3.6.1 On the effective date of this agreement, BellSouth may assess a true up charge as
necessary, back to March 11, 2005 to collect any transitional charges applicable to
TC SYSTEMS’s Embedded Base of Dark Fiber Transport that were not collected
for the period between March 11, 2005 and the effective date of this Agreement.
Although true up charges may be assessed back to March 11, 2005, no late
payments or penalties may be calculated where TC SYSTEMS timely pays the true
up charge within the billing cycle time allotted from receipt of the true up bill.
5.6.3.7 The Transition Period shall apply only to TC SYSTEMS’s Embedded Base of
Dark Fiber Transport and Dark Fiber Entrance Facilities. TC SYSTEMS shall not
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