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

Version 3Q03: 11/12/2003
BST 09/29/05 AL
Attachment 2
Page 5
Agreement, BellSouth shall seek dispute resolution in accordance with the General
Terms and Conditions of this Agreement.
1.6.2 Except to the extent expressly provided otherwise in this Attachment, TC
SYSTEMS may not maintain unbundled network elements or combinations of
unbundled network elements, that are no longer offered pursuant to this
Agreement (collectively “Arrangements”). In the event BellSouth determines that
TC SYSTEMS has in place any Arrangements after the Effective Date of this
Agreement, BellSouth will provide TC SYSTEMS with thirty (30) days written
notice to disconnect or convert such Arrangements. If TC SYSTEMS fails to
submit orders to disconnect or convert such Arrangements within such thirty (30)
day period, BellSouth will transition such circuits to the equivalent tariffed
BellSouth service(s). Those circuits identified and transitioned by BellSouth
pursuant to this Section 1.6.2 shall be subject to all applicable disconnect charges
as set forth in this Agreement and the full nonrecurring charges for installation of
the equivalent tariffed BellSouth service as set forth in BellSouth’s tariffs. The
applicable recurring tariff charge shall apply to each circuit as of the Effective Date
of this Agreement.
1.7 The Triennial Review
1.7.1 BellSouth is required to make, in a nondiscriminatory manner, and as set forth in
47 CFR 51.319(a)(8) and 51.319(e)(5), routine network modifications to
transmission facilities used by TC SYSTEMS when the requested facility has
already been constructed. Routine network modifications will be made without
regard to whether the Loop or facility being accessed was constructed on behalf,
or in accordance with, the specifications of any carrier. Where BellSouth has
recovered the costs for a routine network modification through its recurring and
nonrecurring charges for the element provided, BellSouth will not seek to double
recover such costs.
1.7.1.2 BellSouth’s obligation to make routine network modifications applies to all
transmission facilities (e.g., Loops and dedicated transport facilities) including, but
not limited to, dark fiber facilities.
1.8 Commingling of Services
1.8.1 Commingling means the connecting, attaching, or otherwise linking of a Network
Element, or a Network Element combination, to one or more telecommunications
services or facilities that TC SYSTEMS has obtained at wholesale from BellSouth,
or the combining of a Network Element or Network Element combination with
one or more such wholesale telecommunications services or facilities.
CCCS 86 of 433