Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA 07/06/05 RESALE Attachment 1 Page 3 1. Discount Rates 1.1 The discounts rates applied to OTI’s purchases of BellSouth <strong>Telecommunications</strong> Services for the purpose of resale shall be as set forth in Exhibit D. Such discounts have been determined by the applicable Commission to reflect the costs avoided by BellSouth when selling a service for wholesale purposes. 1.2 The telecommunications services available for purchase by OTI for the purposes of resale to OTI’s End Users shall be available at BellSouth’s tariffed rates less the discount set forth in Exhibit D and subject to the exclusions and limitations set forth in Exhibit A. 2. Definition of Terms 2.1 COMPETITIVE LOCAL EXCHANGE COMPANY (CLEC) means a telephone company certificated by the Commission to provide local exchange service within BellSouth’s franchised area. 2.2 CUSTOMER OF RECORD means the entity responsible for placing application for service; requesting additions, rearrangements, maintenance or discontinuance of service; payment in full of charges incurred such as nonrecurring, monthly recurring, toll, directory assistance, etc. 2.3 DEPOSIT means assurance provided by a customer in the form of cash, surety bond or bank letter of credit to be held by BellSouth. 2.4 END USER means the ultimate user of the <strong>Telecommunications</strong> Service. 2.5 END USER CUSTOMER LOCATION means the physical location of the premises where an End User makes use of the telecommunications services. 2.6 NEW SERVICES means functions, features or capabilities that are not currently offered by BellSouth. This includes packaging of existing services or combining a new function, feature or capability with an existing service. 2.7 RESALE means an activity wherein a certificated CLEC, such as OTI, subscribes to the telecommunications services of BellSouth and then offers those telecommunications services to the public. 3. General Provisions 3.1 All of the negotiated rates, terms and conditions set forth in this Attachment pertain to the resale of BellSouth’s retail telecommunications services and other services specified in this Attachment. Subject to effective and applicable FCC and Commission rules and orders, BellSouth shall make available to OTI for resale those telecommunications services BellSouth makes available, pursuant to its General Subscriber Services Tariff (GSST) and Private Line Services Tariff (PLST), to customers who are not telecommunications carriers. CCCS 26 of 261
Version: 2Q05 Standard ICA 07/06/05 Attachment 1 Page 4 3.1.1 When OTI provides Resale service in a cross boundary area (areas that are part of the local serving area of another state’s exchange) the rates, regulations and discounts for the tariffing state will apply. Billing will be from the serving state. 3.2 OTI as a reseller of Lifeline and Link-Up Services hereby certifies that it has and will comply with the FCC requirements governing the Lifeline and Link-Up programs as set forth in 47 C.F.R. § 417(a) and (b). This includes the requirements set forth in BellSouth’s GSST, Sections A3.31 and A4.7. 3.2.1 OTI shall maintain records to document FCC or applicable state eligibility and verification records to document compliance governing the Lifeline/Link-Up programs for the three (3) full preceding calendar years, and OTI shall provide such documentation to the FCC or its Administrator upon request. 3.3 OTI may purchase resale services from BellSouth for its own use in operating its business. The resale discount will apply to those services under the following conditions: 3.3.1 OTI must resell services to other End users. 3.3.2 OTI cannot be a competitive local exchange telecommunications company for the single purpose of selling to itself. 3.3.3 OTI will be the customer of record for all services purchased from BellSouth. Except as specified herein, BellSouth will take orders from, bill and receive payment from OTI for said services. 3.4 OTI will be BellSouth’s single point of contact for all services purchased pursuant to this Agreement. BellSouth shall have no contact with the End User except to the extent provided for herein. 3.5 BellSouth will continue to bill the End User for any services that the End User specifies it wishes to receive directly from BellSouth. BellSouth maintains the right to serve directly any End User within the service area of OTI. BellSouth will continue to market directly its own telecommunications products and services and in doing so may establish independent relationships with End Users of OTI. Neither Party shall interfere with the right of any person or entity to obtain service directly from the other Party. 3.5.1 BellSouth will accept a request from another CLEC for conversion of the End User’s service from OTI to such other CLEC. Upon completion of the conversion BellSouth will notify OTI that such conversion has been completed. 3.5.2 When an End User of OTI or BellSouth elects to change his/her carrier to the other Party, both Parties agree to release the End User’s service to the other Party concurrent with the due date of the service order, which shall be established based on the standard interval for the End User’s requested service as set forth in the BellSouth Product and Services Interval Guide. 3.5.3 BellSouth and OTI will refrain from contacting an End User who has placed or whose selected carrier has placed on the End User’s behalf an order to change the End User’s service provider from BellSouth or OTI to the other Party until such time that the order for service has been completed. CCCS 27 of 261
Page 1 and 2: BELL BELLSOUTH BELL BELL BELL Optic
Page 3 and 4: General Terms and Conditions Versio
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UNBUNDLED NETWORK ELEMENTS-Florida
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UNBUNDLED NETWORK ELEMENTS - Florid
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UNBUNDLED NETWORK ELEMENTS - Florid
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9.2 The rates, terms and conditions
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11.3.3.3 Signaling Network Manageme
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LOCAL INTERCONNECTION - Florida CAT
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3.3 Shared Caged Collocation Versio
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4. Occupancy Version: 2Q05 Standard
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8.7 Power Version: 2Q05 Standard IC
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Removing or disturbing building mat
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COLLOCATION - Florida CATEGORY RATE
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COLLOCATION - Florida CATEGORY RATE
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1. Scope of Attachment Version: 2Q0
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9.2 OTI shall maintain the followin
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ENVIRONMENTAL CATEGORIES Disposal o
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CMDS - Florida CATEGORY RATE ELEMEN
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CONTENTS Version: 2Q05 Standard ICA
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3.1 SITE CONTROL Version: 2Q05 Stan
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5.3 COMBINED OUTAGE (CLEC AND BELLS
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BONA FIDE REQUEST AND NEW BUSINESS
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