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

ACCESS TO NETWORK ELEMENTS AND OTHER SERVICES
1 Introduction
Version 3Q03: 11/12/2003
BST 09/29/05 AL
Attachment 2
Page 3
1.1 This Attachment sets forth rates, terms and conditions for Network Elements and
combinations of Network Elements that BellSouth agrees to offer to TC
SYSTEMS in accordance with its obligations under Section 251(c)(3) of the Act.
Additionally, this Attachment sets forth the rates, terms and conditions for other
facilities and services BellSouth makes available to TC SYSTEMS (Other
Services). The rates for each Network Element and combination of Network
Elements and Other Services are set forth in Exhibit A and B of this Attachment.
If no rate is identified in this Agreement, the rate will be as negotiated by the
Parties. If TC SYSTEMS purchases service(s) from a tariff, all terms and
conditions and rates as set forth in such tariff shall apply. Additionally, the
provision of a particular Network Element or Other Service may require TC
SYSTEMS to purchase other Network Elements or services. In the event of a
conflict between this Attachment and any other section or provision of this
Agreement, the provisions of this Attachment shall control.
1.1.1 BellSouth shall price each unbundled Network Element separately, and shall offer
each unbundled Network Element individually, and in any technically feasible
combination with any other Network Element, service or functionality. In no
event shall BellSouth require TC SYSTEMS to purchase any unbundled Network
Element in conjunction with any other service or element. BellSouth shall place no
use restrictions or other limiting conditions on Network Elements and
Combinations purchased by TC SYSTEMS under the terms of this Agreement,
except as provided in 47 CFR 51.309. Notwithstanding the above, if TC
SYSTEMS requests access to a Loop or subloop, NID functionality shall be
provided with such Loop and no additional NID charge shall be included.
1.2 For purposes of this Agreement, “Network Element” is defined to mean a facility
or equipment used in the provision of a telecommunications service, as defined by
the FCC that BellSouth is obligated to offer TC SYSTEMS pursuant to section
251(c)(3) of the Act. Such term also includes features, functions and capabilities
that are provided by means of such facility or equipment. TC SYSTEMS shall not
obtain a Network Element for the exclusive provision of mobile wireless services
or interexchange services. For purposes of this Agreement, combinations of
Network Elements shall be referred to as “Combinations.”
1.3 BellSouth shall, upon request of TC SYSTEMS, and to the extent technically
feasible, provide to TC SYSTEMS access to its Network Elements for the
provision of TC SYSTEMS’s telecommunications services. If no rate is identified
in this Agreement, the rate will be as negotiated by the Parties.
CCCS 84 of 433