Common use of Provisioning of High Frequency Spectrum and Splitter Space Clause in Contracts

Provisioning of High Frequency Spectrum and Splitter Space. 3.2.1 BellSouth will provide Talk America with access to the High Frequency Spectrum as follows: 3.2.1.1 To order High Frequency Spectrum on a particular Loop, Talk America must have a Digital Subscriber Line Access Multiplexer (DSLAM) collocated in the central office that serves the end-user of such Loop. Talk America may order splitters in a central office once it has installed its DSLAM in that central office. BellSouth will install splitters within forty-two (42) calendar days of Talk America’s submission of such order to the BellSouth Complex Resale Support Group; provided, however, that in the event BellSouth did not have reasonable notice that a particular central office was to have a splitter installed therein, the forty-two (42) day interval shall not apply. Collocation itself or an application for collocation will serve as reasonable notice. 3.2.1.2 Once a splitter is installed on behalf of Talk America in a central office in which Talk America is located, Talk America shall be entitled to order the High Frequency Spectrum on lines served out of that central office. BellSouth will xxxx and Talk America shall pay the electronic or manual ordering charges as applicable when Talk America orders High Frequency Spectrum for end-user service. 3.2.1.3 BellSouth will select, purchase, install, and maintain a central office POTS splitter and provide Talk America access to data ports on the splitter. The splitter will route the High Frequency Spectrum on the circuit to Talk America’s xDSL equipment in Talk America’s collocation space. At least 30 days before making a change in splitter suppliers, BellSouth will provide Talk America with a carrier notification letter, informing Talk America of change. Talk America shall purchase ports on the splitter in increments of 24 ports. 3.2.1.4 BellSouth will install the splitter in (i) a common area close to Talk America’s collocation area, if possible; or (ii) in a BellSouth relay rack as close to Talk America’s DS0 termination point as possible. Talk America shall have access to the splitter for test purposes, regardless of where the splitter is placed in the BellSouth premises. For purposes of this section, a common area is defined as an area in the central office in which both Parties have access to a common test access point. A Termination Point is defined as the point of termination for Talk America on the toll main distributing frame in the central office and is not the demarcation point set forth in Attachment 4 of this Agreement. BellSouth will cross-connect the splitter data ports to a specified Talk America DS0 at such time that a Talk America end user’s service is established. 3.2.1.5 The High Frequency Spectrum shall only be available on Loops on which BellSouth is also providing, and continues to provide, analog voice service directly to the end user. In the event the end-user terminates its BellSouth provided voice service for any reason, or in the event BellSouth disconnects the end user’s voice service pursuant to its tariffs or applicable law, and Talk America desires to continue providing xDSL service on such Loop, Talk America shall be required to purchase a full stand-alone Loop unbundled network element. To the extent commercially practicable, BellSouth shall give Talk America notice in a reasonable time prior to disconnect, which notice shall give Talk America an adequate opportunity to notify BellSouth of its intent to purchase such Loop. In those cases in which BellSouth no longer provides voice service to the end user and Talk America purchases the full stand-alone Loop, Talk America may elect the type of loop it will purchase. Talk America will pay the appropriate recurring and non- recurring rates for such Loop as set forth in Exhibit B to this Attachment. In the event Talk America purchases a voice grade Loop, Talk America acknowledges that such Loop may not remain xDSL compatible. 3.2.1.6 Only one competitive local exchange carrier shall be permitted access to the High Frequency Spectrum of any particular loop.

Provisioning of High Frequency Spectrum and Splitter Space. 3.2.1 BellSouth will provide Talk America GulfPines with access to the High Frequency Spectrum as follows: 3.2.1.1 To order High Frequency Spectrum on a particular Loop, Talk America GulfPines must have a Digital Subscriber Line Access Multiplexer (DSLAM) collocated in the central office that serves the end-user of such Loop. Talk America GulfPines may order splitters in a central office once it has installed its DSLAM in that central office. BellSouth will install splitters within forty-two (42) calendar days of Talk America’s GulfPines’ submission of such order to the BellSouth Complex Resale Support Group; provided, however, that in the event BellSouth did not have reasonable notice that a particular central office was to have a splitter installed therein, the forty-two (42) day interval shall not apply. Collocation itself or an application for collocation will serve as reasonable notice. 3.2.1.2 Once a splitter is installed on behalf of Talk America GulfPines in a central office in which Talk America GulfPines is located, Talk America GulfPines shall be entitled to order the High Frequency Spectrum on lines served out of that central office. BellSouth will xxxx and Talk America GulfPines shall pay the electronic or manual ordering charges as applicable when Talk America GulfPines orders High Frequency Spectrum for end-user service. 3.2.1.3 BellSouth will select, purchase, install, and maintain a central office POTS splitter and provide Talk America GulfPines access to data ports on the splitter. The splitter will route the High Frequency Spectrum on the circuit to Talk America’s GulfPines’ xDSL equipment in Talk America’s GulfPines’ collocation space. At least 30 days before making a change in splitter suppliers, BellSouth will provide Talk America GulfPines with a carrier notification letter, informing Talk America GulfPines of change. Talk America GulfPines shall purchase ports on the splitter in increments of 24 ports. 3.2.1.4 BellSouth will install the splitter in (i) a common area close to Talk America’s GulfPines’ collocation area, if possible; or (ii) in a BellSouth relay rack as close to Talk America’s GulfPines’ DS0 termination point as possible. Talk America GulfPines shall have access to the splitter for test purposes, regardless of where the splitter is placed in the BellSouth premises. For purposes of this section, a common area is defined as an area in the central office in which both Parties have access to a common test access point. A Termination Point is defined as the point of termination for Talk America GulfPines on the toll main distributing frame in the central office and is not the demarcation point set forth in Attachment 4 of this Agreement. BellSouth will cross-connect the splitter data ports to a specified Talk America GulfPines DS0 at such time that a Talk America GulfPines end user’s service is established. 3.2.1.5 The High Frequency Spectrum shall only be available on Loops on which BellSouth is also providing, and continues to provide, analog voice service directly to the end user. In the event the end-user terminates its BellSouth provided voice service for any reason, or in the event BellSouth disconnects the end user’s voice service pursuant to its tariffs or applicable law, and Talk America GulfPines desires to continue providing xDSL service on such Loop, Talk America GulfPines shall be required to purchase a full stand-alone Loop unbundled network element. To the extent commercially practicable, BellSouth shall give Talk America GulfPines notice in a reasonable time prior to disconnect, which notice shall give Talk America GulfPines an adequate opportunity to notify BellSouth of its intent to purchase such Loop. In those cases in which BellSouth no longer provides voice service to the end user and Talk America GulfPines purchases the full stand-alone Loop, Talk America GulfPines may elect the type of loop it will purchase. Talk America GulfPines will pay the appropriate recurring and non- non-recurring rates for such Loop as set forth in Exhibit B to this Attachment. In the event Talk America GulfPines purchases a voice grade Loop, Talk America GulfPines acknowledges that such Loop may not remain xDSL compatible. 3.2.1.6 Only one competitive local exchange carrier shall be permitted access to the High Frequency Spectrum of any particular loop.

Provisioning of High Frequency Spectrum and Splitter Space. 3.2.1 BellSouth will provide Talk Access America with wit h access to the High Frequency Spectrum as follows: 3.2.1.1 To order High Frequency Spectrum on a particular Loop, Talk Access America must have a Digital Subscriber Line Access Multiplexer (DSLAM) collocated in the central office that serves the end-user of such Loop. Talk Access America may order splitters in a central office once it has installed its DSLAM in that central office. BellSouth will install splitters within forty-two (42) calendar days of Talk Access America’s submission of such order to the BellSouth Complex Resale Support Group; , provided, however, that in the event BellSouth did not have reasonable notice that a particular central office was to have a splitter installed therein, the forty-two (42) day interval shall not apply. Collocation itself or an application for collocation will serve as reasonable notice. 3.2.1.2 Once a splitter is installed on behalf of Talk Access America in a central office in which Talk Access America is located, Talk Access America shall be entitled to order the High Frequency Spectrum on lines served out of that central office. BellSouth will xxxx and Talk Access America shall pay the electronic or manual ordering charges as applicable when Talk Access America orders High Frequency Spectrum for end-user service. 3.2.1.3 BellSouth will select, purchase, install, and maintain main tain a central office POTS splitter and provide Talk Access America access to data ports on the splitter. The splitter will route the High Frequency Spectrum on the circuit to Talk Access America’s xDSL equipment in Talk Access America’s collocation space. At least 30 days before making a change in splitter suppliers, BellSouth will provide Talk Access America with a carrier notification letter, informing Talk Access America of change. Talk Access America shall purchase ports on the splitter in increments of 24 ports. 3.2.1.4 BellSouth will install the splitter in (( i) a common area close to Talk America’s the Access America collocation area, if possible; or (ii) in a BellSouth relay rack as close to Talk America’s the Access America DS0 termination point as possible. Talk Access America shall have access to the splitter for test purposes, regardless of where the splitter is placed in the BellSouth premises. For purposes of this section, a common area is defined as an area in the central office in which both Parties have access to a common test access point. A Termination Point is defined as the point of termination for Talk Access America on the toll main distributing frame in the central office and is not the demarcation point set forth in Attachment 4 of this Agreement. BellSouth will cross-connect the splitter data ports to a specified Talk Access America DS0 at such time that a Talk an Access America end user’s service is established. 3.2.1.5 The High Frequency Spectrum shall only be available on Loops on which BellSouth is also providing, and continues to provide, analog voice service directly to the end user. In the event the end-user terminates its BellSouth provided voice service for any reason, or in the event BellSouth disconnects the end user’s voice service pursuant to its tariffs or applicable law, and Talk Access America desires to continue providing xDSL service on such Loop, Talk Access America shall be required to purchase a full stand-alone Loop unbundled network element. To the extent commercially practicable, BellSouth shall give Talk Access America notice in a reasonable time prior to disconnect, which notice shall give Talk Access America an adequate opportunity to notify BellSouth of its intent to purchase such Loop. In those cases in which BellSouth no longer provides voice service to the end user and Talk Access America purchases the full stand-alone Loop, Talk Access America may elect the type of loop it will purchase. Talk Access America will pay the appropriate recurring and non- non-recurring rates for such Loop as set forth in Exhibit B to this Attachment. In the event Talk Access America purchases a voice grade Loop, Talk Access America acknowledges that such Loop may not remain xDSL compatible. 3.2.1.6 Only one competitive local exchange carrier CLEC shall be permitted access to the High Frequency Spectrum of any particular loop.

Provisioning of High Frequency Spectrum and Splitter Space. 3.2.1 BellSouth will provide Talk America Columbus Local with access to the High Frequency Spectrum as follows: 3.2.1.1 To order High Frequency Spectrum on a particular Loop, Talk America Columbus Local must have a Digital Subscriber Line Access Multiplexer (DSLAM) collocated in the central office that serves the end-user of such Loop. Talk America Columbus Local may order splitters in a central office once it has installed its DSLAM in that central office. BellSouth will install splitters within forty-two (42) calendar days of Talk AmericaColumbus Local’s submission of such order to the BellSouth Complex Resale Support Group; provided, however, that in the event BellSouth did not have reasonable notice that a particular central office was to have a splitter installed therein, the forty-two (42) day interval shall not apply. Collocation itself or an application for collocation will serve as reasonable notice. 3.2.1.2 Once a splitter is installed on behalf of Talk America Columbus Local in a central office in which Talk America Columbus Local is located, Talk America Columbus Local shall be entitled to order the High Frequency Spectrum on lines served out of that central office. BellSouth will xxxx bill and Talk America Columbus Local shall pay the electronic or manual ordering charges as applicable when Talk America Columbus Local orders High Frequency Spectrum for end-user service. 3.2.1.3 BellSouth will select, purchase, install, and maintain a central office POTS splitter and provide Talk America Columbus Local access to data ports on the splitter. The splitter will route the High Frequency Spectrum on the circuit to Talk AmericaColumbus Local’s xDSL equipment in Talk AmericaColumbus Local’s collocation space. At least 30 days before making a change in splitter suppliers, BellSouth will provide Talk America Columbus Local with a carrier notification letter, informing Talk America Columbus Local of change. Talk America Columbus Local shall purchase ports on the splitter in increments of 24 ports. 3.2.1.4 BellSouth will install the splitter in (i) a common area close to Talk AmericaColumbus Local’s collocation area, if possible; or (ii) in a BellSouth relay rack as close to Talk AmericaColumbus Local’s DS0 termination point as possible. Talk America Columbus Local shall have access to the splitter for test purposes, regardless of where the splitter is placed in the BellSouth premises. For purposes of this section, a common area is defined as an area in the central office in which both Parties have access to a common test access point. A Termination Point is defined as the point of termination for Talk America Columbus Local on the toll main distributing frame in the central office and is not the demarcation point set forth in Attachment 4 of this Agreement. BellSouth will cross-connect the splitter data ports to a specified Talk America Columbus Local DS0 at such time that a Talk America Columbus Local end user’s service is established. 3.2.1.5 The High Frequency Spectrum shall only be available on Loops on which BellSouth is also providing, and continues to provide, analog voice service directly to the end user. In the event the end-user terminates its BellSouth provided voice service for any reason, or in the event BellSouth disconnects the end user’s voice service pursuant to its tariffs or applicable law, and Talk America Columbus Local desires to continue providing xDSL service on such Loop, Talk America Columbus Local shall be required to purchase a full stand-alone Loop unbundled network element. To the extent commercially practicable, BellSouth shall give Talk America Columbus Local notice in a reasonable time prior to disconnect, which notice shall give Talk America Columbus Local an adequate opportunity to notify BellSouth of its intent to purchase such Loop. In those cases in which BellSouth no longer provides voice service to the end user and Talk America Columbus Local purchases the full stand-alone Loop, Talk America Columbus Local may elect the type of loop it will purchase. Talk America Columbus Local will pay the appropriate recurring and non- non-recurring rates for such Loop as set forth in Exhibit B to this Attachment. In the event Talk America Columbus Local purchases a voice grade Loop, Talk America Columbus Local acknowledges that such Loop may not remain xDSL compatible. 3.2.1.6 Only one competitive local exchange carrier shall be permitted access to the High Frequency Spectrum of any particular loop.

Provisioning of High Frequency Spectrum and Splitter Space. 3.2.1 BellSouth will provide Talk America Tel West with access to the High Frequency Spectrum as follows: 3.2.1.1 To order High Frequency Spectrum on a particular Loop, Talk America Tel West must have a Digital Subscriber Line Access Multiplexer (DSLAM) collocated in the central office that serves the end-user of such Loop. Talk America Tel West may order splitters in a central office once it has installed its DSLAM in that central office. BellSouth will install splitters within forty-two (42) calendar days of Talk AmericaTel West’s submission of such order to the BellSouth Complex Resale Support Group; provided, however, that in the event BellSouth did not have reasonable notice that a particular central office was to have a splitter installed therein, the forty-two (42) day interval shall not apply. Collocation itself or an application for collocation will serve as reasonable notice. 3.2.1.2 Once a splitter is installed on behalf of Talk America Tel West in a central office in which Talk America Tel West is located, Talk America Tel West shall be entitled to order the High Frequency Spectrum on lines served out of that central office. BellSouth will xxxx and Talk America Tel West shall pay the electronic or manual ordering charges as applicable when Talk America Tel West orders High Frequency Spectrum for end-user service. 3.2.1.3 BellSouth will select, purchase, install, and maintain a central office POTS splitter and provide Talk America Tel West access to data ports on the splitter. The splitter will route the High Frequency Spectrum on the circuit to Talk AmericaTel West’s xDSL equipment in Talk AmericaTel West’s collocation space. At least 30 days before making a change in splitter suppliers, BellSouth will provide Talk America Tel West with a carrier notification letter, informing Talk America Tel West of change. Talk America Tel West shall purchase ports on the splitter in increments of 24 ports. 3.2.1.4 BellSouth will install the splitter in (i) a common area close to Talk America’s the Tel West collocation area, if possible; or (ii) in a BellSouth relay rack as close to Talk America’s the Tel West DS0 termination point as possible. Talk America Tel West shall have access to the splitter for test purposes, regardless of where the splitter is placed in the BellSouth premises. For purposes of this section, a common area is defined as an area in the central office in which both Parties have access to a common test access point. A Termination Point is defined as the point of termination for Talk America Tel West on the toll main distributing frame in the central office and is not the demarcation point set forth in Attachment 4 of this Agreement. BellSouth will cross-connect the splitter data ports to a specified Talk America Tel West DS0 at such time that a Talk America Tel West end user’s service is established. 3.2.1.5 The High Frequency Spectrum shall only be available on Loops on which BellSouth is also providing, and continues to provide, analog voice service directly to the end user. In the event the end-user terminates its BellSouth provided voice service for any reason, or in the event BellSouth disconnects the end user’s voice service pursuant to its tariffs or applicable law, and Talk America Tel West desires to continue providing xDSL service on such Loop, Talk America Tel West shall be required to purchase a full stand-alone Loop unbundled network element. To the extent commercially practicable, BellSouth shall give Talk America Tel West notice in a reasonable time prior to disconnect, which notice shall give Talk America Tel West an adequate opportunity to notify BellSouth of its intent to purchase such Loop. In those cases in which BellSouth no longer provides voice service to the end user and Talk America Tel West purchases the full stand-alone Loop, Talk America Tel West may elect the type of loop it will purchase. Talk America Tel West will pay the appropriate recurring and non- non-recurring rates for such Loop as set forth in Exhibit B C to this Attachment. In the event Talk America Tel West purchases a voice grade Loop, Talk America Tel West acknowledges that such Loop may not remain xDSL compatible. 3.2.1.6 Only one competitive local exchange carrier shall be permitted access to the High Frequency Spectrum of any particular loop.