Optical Telecommunications, Inc.

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Version: 2Q05 Standard ICA 07/06/05 General Terms and Conditions Page 2 signature executing the Agreement. Future amendments for rate changes will also be effective thirty (30) days after the date of the last signature executing the amendment. End User means the ultimate user of the Telecommunications Service. FCC means the Federal Communications Commission. Telecommunications means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received. Telecommunications Service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Telecommunications Act of 1996 (Act) means Public Law 104-104 of the United States Congress effective February 8, 1996. The Act amended the Communications Act of 1934 (47 U.S.C. Section 1 et. seq.). 1. CLEC Certification 1.1 OTI agrees to provide BellSouth in writing OTI’s CLEC certification for Florida prior to BellSouth filing this Agreement with the appropriate Commission for approval. 1.2 Should OTI’s certification in Florida be rescinded or otherwise terminated, BellSouth may, at its election, terminate this Agreement immediately and all monies owed on all outstanding invoices shall become due, or BellSouth may refuse to provide services hereunder in Florida until certification is reinstated, provided such notification is made prior to expiration of the term of this Agreement. OTI shall provide an effective certification to do business issued by the secretary of state or equivalent authority in Florida. 2. Term of the Agreement 2.1 The initial term of this Agreement shall be three (3) years, beginning on the Effective Date and shall apply to the BellSouth territory in the state of Florida. Notwithstanding any prior agreement of the Parties, the rates, terms and conditions of this Agreement shall not be applied retroactively prior to the Effective Date. 2.2 The Parties agree that by no earlier than two hundred seventy (270) days and no later than one hundred and eighty (180) days prior to the expiration of the initial term of this Agreement, they shall commence negotiations for a new agreement to be effective beginning on the expiration date of this Agreement (Subsequent Agreement). If as of the expiration of the initial term of this Agreement, a CCCS 6 of 261
Version: 2Q05 Standard ICA 07/06/05 General Terms and Conditions Page 3 Subsequent Agreement has not been executed by the Parties, then except as set forth in Sections 2.3.1 and 2.3.2 below, this Agreement shall continue on a monthto-month basis while a Subsequent Agreement is being negotiated. The Parties’ rights and obligations with respect to this Agreement after expiration of the initial term shall be as set forth in Section 2.3 below. 2.3 If, within one hundred and thirty-five (135) days of commencing the negotiation referred to in Section 2.2 above, the Parties are unable to negotiate new terms, conditions and prices for a Subsequent Agreement, either Party may petition the Commission to establish appropriate rates, terms and conditions for the Subsequent Agreement pursuant to 47 U.S.C. § 252. 2.3.1 OTI may request termination of this Agreement only if it is no longer purchasing services pursuant to this Agreement. Except as set forth in Section 2.3.2 below, notwithstanding the foregoing, in the event that as of the date of expiration of the initial term of this Agreement and conversion of this Agreement to a month-tomonth term, the Parties have not entered into a Subsequent Agreement and no arbitration proceeding has been filed in accordance with Section 2.3 above, then BellSouth may terminate this Agreement upon sixty (60) days notice to OTI. In the event that BellSouth terminates this Agreement as provided above, BellSouth shall continue to offer services to OTI pursuant to the rates, terms and conditions set forth in BellSouth’s then current standard interconnection agreement. In the event that BellSouth’s standard interconnection agreement becomes effective between the Parties, the Parties may continue to negotiate a Subsequent Agreement. 2.3.2 Notwithstanding Section 2.2 above, in the event that as of the expiration of the initial term of this Agreement the Parties have not entered into a Subsequent Agreement and no arbitration proceeding has been filed in accordance with Section 2.3 above and BellSouth is not providing any services under this Agreement as of the date of expiration of the initial term of this Agreement, then this Agreement shall not continue on a month-to-month basis but shall be deemed terminated as of the expiration date hereof. 2.4 If, at any time during the term of this Agreement, BellSouth is unable to contact OTI pursuant to the Notices provision hereof or any other contact information provided by OTI under this Agreement, and there are no active services being provisioned under this Agreement, then BellSouth may, at its discretion, terminate this Agreement, without any liability whatsoever, upon sending of notification to OTI pursuant to the Notices section hereof. 2.5 In addition to as otherwise set forth in this Agreement, BellSouth reserves the right to suspend access to ordering systems, refuse to process additional or pending applications for service, or terminate service in the event of prohibited, unlawful or improper use of BellSouth’s facilities or service, abuse of BellSouth’s facilities or any other material breach of this Agreement, and all monies owed on all outstanding invoices shall become due. CCCS 7 of 261
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UNBUNDLED NETWORK ELEMENTS-Florida
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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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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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Optical Telecommunications, Inc.

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