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

Version 3Q03: 11/12/2003
BST 09/29/05 AL
Attachment 2
Page 6
1.8.1.1 Unless otherwise required by an appropriate regulatory agency, BellSouth shall
not be obligated to commingle or combine Network Elements or Combinations
with any service, network element or other offering that it is obligated to make
available only pursuant to Section 271 of the Act. For the purpose of
implementing this section, any change of law shall be accomplished through the
process set forth in section 9.3 of the General Terms and Conditions.
1.8.2 Subject to the limitations set forth elsewhere in this Attachment, BellSouth shall
not deny access to a Network Element or a combination of Network Elements on
the grounds that one or more of the elements: 1) is connected to, attached to,
linked to, or combined with such a facility or service obtained from BellSouth; or
2) shares part of BellSouth’s network with access services or inputs for mobile
wireless services and/or interexchange services; 3) is offered for resale pursuant to
Section 251(c) 4 of the Act.
1.8.3 BellSouth shall also permit TC SYSTEMS to combine any Network Element or
Combination of Network Elements provided by BellSouth with compatible
network components or services provided by TC SYSTEMS or by third parties to
TC SYSTEMS to provide telecommunications services to TC SYSTEMS, its
affiliates and to TC SYSTEMS customers.
1.8.4 In the provisioning of the Network Element circuit connected to a channelized
wholesale transport, where TC SYSTEMS requests that BellSouth perform the
commingling, BellSouth shall be subject to the performance measures and penalty
provisions of the performance measurement plans approved by the Commission for
that particular Network Element.
1.8.5 BellSouth will not “ratchet” a commingled circuit. Unless otherwise agreed to by
the Parties, the Network Element portion of such circuit will be billed at the rates
set forth in this Agreement and the remainder of the circuit or service will be billed
in accordance with BellSouth’s tariffed rates.
1.8.6 BellSouth will bill TC SYSTEMS for multiplexing according to the underlying
product consistent with what is ordered by TC SYSTEMS. For example, if TC
SYSTEMS orders unbundled transport with multiplexing, BellSouth will charge
TC SYSTEMS the unbundled rate for multiplexing. If TC SYSTEMS orders
special access transport with multiplexing, BellSouth will charge TC SYSTEMS
the special access rate for multiplexing. Central Office Channel Interfaces will be
billed from the same jurisdictional authorization (agreement or tariff) as the lower
grade of service. To the extent that special access DS3 circuits include
multiplexing across the entire DS3, no additional DS3/DS1 multiplexing shall be
charged for the EELs provisioned on the same DS3.
1.9 If TC SYSTEMS reports a trouble on a Network Element or Other Service and
no trouble actually exists on the BellSouth portion, BellSouth will charge TC
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