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

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3. General Provisions<br />

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

Attachment 1<br />

Page 4<br />

3.1 All of the negotiated rates, terms and conditions set forth in this Attachment<br />

pertain to the resale of Bell<strong>South</strong>’s retail telecommunications services and other<br />

services specified in this Attachment. Subject to effective and applicable FCC and<br />

Commission rules and orders, Bell<strong>South</strong> shall make available to <strong>TC</strong> SYSTEMS for<br />

resale those telecommunications services Bell<strong>South</strong> makes available, at retail to<br />

subscribers, pursuant to its General Subscriber Services Tariff and Private Line<br />

Services Tariff, who are not telecommunications carriers.<br />

3.1.1 When <strong>TC</strong> SYSTEMS provides Resale service in a cross boundary area (areas that<br />

are part of the local serving area of another state's exchange) the rates, regulations<br />

and discounts for the tariffing state will apply. Billing will be from the serving<br />

state. For purposes of this agreement, the tariffing state is defined as the state the<br />

central office is in that provides dialtone. The serving state is defined as the state<br />

where the end user is located.<br />

3.2 <strong>TC</strong> SYSTEMS may purchase resale services from Bell<strong>South</strong> for its own use in<br />

operating its business. The resale discount will apply to those services under the<br />

following conditions:<br />

3.2.1 <strong>TC</strong> SYSTEMS must resell services to other End Users.<br />

3.2.2 <strong>TC</strong> SYSTEMS cannot be a competitive local exchange telecommunications<br />

company for the single purpose of selling to itself.<br />

3.2.3 The provision of services by Bell<strong>South</strong> to <strong>TC</strong> SYSTEMS does not constitute a<br />

joint undertaking for the furnishing of any service.<br />

3.3 <strong>TC</strong> SYSTEMS will be the customer of record for all services purchased from<br />

Bell<strong>South</strong>. Except as specified herein, Bell<strong>South</strong> will take orders from, bill and<br />

receive payment from <strong>TC</strong> SYSTEMS for said services.<br />

3.4 <strong>TC</strong> SYSTEMS will be Bell<strong>South</strong>'s single point of contact for all services<br />

purchased pursuant to this Agreement. Bell<strong>South</strong> shall have no contact with the<br />

End User except to the extent provided for herein. Each Party shall provide to the<br />

other a nation wide (50 states) toll-free contact number for purposes of repair and<br />

maintenance.<br />

3.5 Bell<strong>South</strong> will continue to bill the End User for any services that the End User<br />

specifies it wishes to receive directly from Bell<strong>South</strong>. Bell<strong>South</strong> may directly serve<br />

any End User within the service area of <strong>TC</strong> SYSTEMS. Bell<strong>South</strong> will continue<br />

to market directly its own telecommunications products and services and in doing<br />

so may establish independent relationships with End Users of <strong>TC</strong> SYSTEMS.<br />

Neither Party shall interfere with the right of any person or entity to obtain service<br />

directly from the other Party.<br />

CCCS 55 of 433

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