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

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Version 2Q03: 07/21/03<br />

Attachment 4 - Remote Site<br />

Page 19<br />

6.9.1 If a modification or revision is made to any information in the Bona Fide application<br />

prior to a BFFO, with the exception of modifications to (1) Customer Information, (2)<br />

Contact Information or (3) Billing Contact Information, , said application shall be<br />

considered a new application and shall be handled as a new application with respect to<br />

response and provisioning intervals and Bell<strong>South</strong> will charge <strong>TC</strong> SYSTEMS a full<br />

application fee as set forth in Exhibit B. Bell<strong>South</strong> will bill the nonrecurring fee on the<br />

date that Bell<strong>South</strong> provides an Application Response.<br />

6.10 Bona Fide Firm Order.<br />

6.10.1 <strong>TC</strong> SYSTEMS shall indicate its intent to proceed with equipment installation in a<br />

Bell<strong>South</strong> Remote Site Location by submitting a Firm Order to Bell<strong>South</strong>. The BFFO<br />

must be received by Bell<strong>South</strong> no later than thirty (30) calendar days after Bell<strong>South</strong>’s<br />

Application Response to <strong>TC</strong> SYSTEMS’s Bona Fide application or the application<br />

will expire.<br />

6.10.2 The firm order date will be the date Bell<strong>South</strong> is in receipt of <strong>TC</strong> SYSTEMS’s BFFO.<br />

Bell<strong>South</strong> will acknowledge the receipt of <strong>TC</strong> SYSTEMS’s BFFO within seven (7)<br />

calendar days of receipt indicating that the BFFO has been received. A Bell<strong>South</strong><br />

response to a BFFO will include a Firm Order Confirmation containing the firm order<br />

date. No revisions will be made to a BFFO.<br />

7. Construction and Provisioning<br />

7.1 Construction and Provisioning Intervals.<br />

7.1.1 Bell<strong>South</strong> will complete construction for collocation arrangements under ordinary<br />

conditions as soon as possible and within a maximum of sixty (60) calendar days from<br />

receipt of a BFFO and ninety (90) calendar days from receipt of a BFFO for<br />

extraordinary conditions or as agreed to by the Parties. Ordinary conditions are<br />

defined as space available with only minor changes to support systems required, such<br />

as but not limited to, HVAC, cabling and the power plant(s). Extraordinary conditions<br />

shall include, but not limited to, major Bell<strong>South</strong> equipment rearrangement or<br />

addition; power plant addition or upgrade; major mechanical addition or upgrade;<br />

major upgrade for ADA compliance; environmental hazard or hazardous materials<br />

abatement; and arrangements for which equipment shipping intervals are extraordinary<br />

in length. The Parties may mutually agree to renegotiate an alternative provisioning<br />

interval or Bell<strong>South</strong> may seek a waiver from this interval from the Commission.<br />

7.2 In the event Bell<strong>South</strong> does not have space immediately available at a Remote Site<br />

Location, Bell<strong>South</strong> may elect to make additional space available by, for example but<br />

not limited to, rearranging Bell<strong>South</strong> facilities or constructing additional capacity. In<br />

such cases, the above intervals shall not apply and Bell<strong>South</strong> will provision the Remote<br />

Collocation Space in a nondiscriminatory manner and at parity with Bell<strong>South</strong> and will<br />

provide <strong>TC</strong> SYSTEMS with the estimated completion date in its Response.<br />

CCCS 291 of 433

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