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

Version 2Q03: 07/21/03
Attachment 10
Page 4
the dispute resolution process set forth in Section 16 of the General Terms
and Conditions of this Agreement, incorporated herein by this reference.
2.6 TC SYSTEMS may cancel a BFR at any time. If TC SYSTEMS cancels
the request more than ten (10) business days after submitting the BFR
request, TC SYSTEMS shall pay BellSouth’s reasonable and
demonstrable costs of processing and/or implementing the BFR up to the
date of cancellation. Documentation of BellSouth’s incurred costs will be
provided to TC SYSTEMS.
2.7 TC SYSTEMS will have thirty (30) business days from receipt of
preliminary analysis to accept the preliminary analysis or cancel the BFR
as set forth in Section 2.5. If TC SYSTEMS fails to respond within this
30-day period, the BFR will be deemed cancelled and BellSouth will use
best efforts to notify TC SYSTEMS that the order is pending cancellation.
Acceptance of the preliminary analysis must be in writing and
accompanied by all nonrecurring charges quoted in the preliminary
analysis. The nonrecurring charges as stated in the preliminary analysis
cover the initial work required to develop the project plan, create the
design parameters, and establish all activities and resources required to
complete the BFR (Development Costs). Development costs are nonrefundable.
TC SYSTEMS will begin processing the payment of
development costs at the time it issues the written "notice to proceed" with
payment due to BellSouth within 15 days of the issuance of the notice to
proceed.
2.8 BellSouth shall propose a firm price quote and a detailed implementation
plan within thirty (30) business days of receipt of TC SYSTEMS’s
acceptance of the preliminary analysis.
2.9 TC SYSTEMS shall have thirty (30) business days from receipt of firm
price quote to accept or deny the firm price quote and submit any
additional nonrecurring, non-refundable fees quoted in the firm price
quote.
2.10 Unless TC SYSTEMS agrees otherwise, all prices shall be consistent with
the pricing principles of the Act, FCC and/or the Commission.
2.11 If TC SYSTEMS believes that BellSouth’s firm price quote is not
consistent with the requirements of the Act, or if either Party believes that
the other is not acting in good faith in requesting, negotiating or
processing the BFR, either Party may seek FCC or Commission
arbitration, as appropriate, to resolve the dispute. Any such arbitration
applicable to Unbundled Network Elements and/or Interconnection shall
CCCS 393 of 433