Optical Telecommunications, Inc.

More documents

Recommendations

Info

Version: 2Q05 Standard ICA 07/06/05 General Terms and Conditions Page 4 3. Nondiscriminatory Access When OTI purchases <strong>Telecommunications</strong> Services from BellSouth pursuant to Attachment 1 of this Agreement for the purposes of resale to End Users, such services shall be equal in quality, subject to the same conditions, and provided within the same provisioning time intervals that BellSouth provides to others, including its End Users. To the extent technically feasible, the quality of a Network Element, as well as the quality of the access to such Network Element provided by BellSouth to OTI shall be at least equal to that which BellSouth provides to itself and shall be the same for all <strong>Telecommunications</strong> carriers requesting access to that Network Element. The quality of the interconnection between the network of BellSouth and the network of OTI shall be at a level that is equal to that which BellSouth provides itself, a subsidiary, an Affiliate, or any other party. The interconnection facilities shall be designed to meet the same technical criteria and service standards that are used within BellSouth’s network and shall extend to a consideration of service quality as perceived by BellSouth’s End Users and service quality as perceived by OTI. 4 Court Ordered Requests for Call Detail Records and Other Subscriber Information 4.1 Subpoenas Directed to BellSouth. Where BellSouth provides resold services for OTI, BellSouth shall respond to subpoenas and court ordered requests delivered directly to BellSouth for the purpose of providing call detail records when the targeted telephone numbers belong to OTI End Users. Billing for such requests will be generated by BellSouth and directed to the law enforcement agency initiating the request. BellSouth shall maintain such information for OTI End Users for the same length of time it maintains such information for its own End Users. 4.2 Subpoenas Directed to OTI. Where BellSouth is providing resold services to OTI, then OTI agrees that in those cases where OTI receives subpoenas or court ordered requests regarding targeted telephone numbers belonging to OTI End Users, and where OTI does not have the requested information, OTI will advise the law enforcement agency initiating the request to redirect the subpoena or court ordered request to BellSouth for handling in accordance with Section 4.1 above. 4.3 In all other instances, where either Party receives a request for information involving the other Party’s End User, the Party receiving the request will advise the law enforcement agency initiating the request to redirect such request to the other Party. 5 Liability and Indemnification 5.1 OTI Liability. In the event that OTI consists of two (2) or more separate entities as set forth in this Agreement and/or any Amendments hereto, or any third party places orders under this Agreement using OTI’s company codes or identifiers, all CCCS 8 of 261
Version: 2Q05 Standard ICA 07/06/05 General Terms and Conditions Page 5 such entities shall be jointly and severally liable for the obligations of OTI under this Agreement. 5.2 Liability for Acts or Omissions of Third Parties. BellSouth shall not be liable to OTI for any act or omission of another entity providing any services to OTI. 5.3 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other for any loss, cost, claim, injury, liability or expense, including reasonable attorneys’ fees relating to or arising out of any cause whatsoever, whether based in contract, negligence or other tort, strict liability or otherwise, relating to the performance of this Agreement, shall not exceed a credit for the actual cost of the services or functions not performed or improperly performed. Any amounts paid to OTI pursuant to Attachment 9 hereof shall be credited against any damages otherwise payable to OTI pursuant to this Agreement. 5.3.1 Limitations in Tariffs. A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii) consequential damages. To the extent that a Party elects not to place in its tariffs or contracts such limitations of liability, and the other Party incurs a loss as a result thereof, such Party shall, except to the extent caused by the other Party’s gross negligence or willful misconduct, indemnify and reimburse the other Party for that portion of the loss that would have been limited had the first Party included in its tariffs and contracts the limitations of liability that such other Party included in its own tariffs at the time of such loss. 5.3.2 Neither BellSouth nor OTI shall be liable for damages to the other Party’s terminal location, equipment or End User premises resulting from the furnishing of a service, including, but not limited to, the installation and removal of equipment or associated wiring, except to the extent caused by a Party’s negligence or willful misconduct or by a Party’s failure to ground properly a local loop after disconnection. 5.3.3 Under no circumstance shall a Party be responsible or liable for indirect, incidental, or consequential damages, including, but not limited to, economic loss or lost business or profits, damages arising from the use or performance of equipment or software, or the loss of use of software or equipment, or accessories attached thereto, delay, error, or loss of data. In connection with this limitation of liability, each Party recognizes that the other Party may, from time to time, provide advice, make recommendations, or supply other analyses related to the services or facilities described in this Agreement, and, while each Party shall use diligent efforts in this regard, the Parties acknowledge and agree that this limitation of liability shall apply to provision of such advice, recommendations, and analyses. CCCS 9 of 261
Page 1 and 2: BELL BELLSOUTH BELL BELL BELL Optic
Page 3 and 4: General Terms and Conditions Versio
Page 5 and 6: Version: 2Q05 Standard ICA 07/06/05
Page 7: Version: 2Q05 Standard ICA 07/06/05
Page 19 and 20: 19 Notices Version: 2Q05 Standard I
Page 23 and 24: CCCS 23 of 261
Page 39 and 40: Attachment 1 Page 16 Exhibit B modu
Page 43 and 44: RESALE DISCOUNTS & RATES - Florida
Page 45 and 46: Version: 2Q05 Standard ICA - New 07
Page 55 and 56: and 4-wire UVL) (Designed) Unbundle
Page 59 and 60:
Version: 2Q05 Standard ICA - New 07
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
3.5 Maintenance - Line Splitting -
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
UNBUNDLED NETWORK ELEMENTS-Florida
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
UNBUNDLED NETWORK ELEMENTS - Florid
Page 101 and 102:
UNBUNDLED NETWORK ELEMENTS - Florid
Page 103 and 104:
Version: 2Q05 Standard ICA 07/06/05
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
9.2 The rates, terms and conditions
Page 125 and 126:
11.3.3.3 Signaling Network Manageme
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
LOCAL INTERCONNECTION - Florida CAT
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
3.3 Shared Caged Collocation Versio
Page 141 and 142:
Page 143 and 144:
4. Occupancy Version: 2Q05 Standard
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
8.7 Power Version: 2Q05 Standard IC
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Removing or disturbing building mat
Page 177 and 178:
COLLOCATION - Florida CATEGORY RATE
Page 179 and 180:
COLLOCATION - Florida CATEGORY RATE
Page 181 and 182:
Page 183 and 184:
1. Scope of Attachment Version: 2Q0
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
9.2 OTI shall maintain the followin
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
ENVIRONMENTAL CATEGORIES Disposal o
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
CMDS - Florida CATEGORY RATE ELEMEN
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
CONTENTS Version: 2Q05 Standard ICA
Page 251 and 252:
3.1 SITE CONTROL Version: 2Q05 Stan
Page 253 and 254:
Page 255 and 256:
5.3 COMBINED OUTAGE (CLEC AND BELLS
Page 257 and 258:
BONA FIDE REQUEST AND NEW BUSINESS
Page 259 and 260:
Page 261:
show all

Optical Telecommunications, Inc.

Create successful ePaper yourself

Delete template?

Save as template?