Common use of Provisioning Clause in Contracts

Provisioning. 3.7.3.1 Either party shall notify the other as soon as it becomes aware of any jeopardy condition which may arise that would jeopardize BellSouth’s committed due date or OC-TS, as applicable, of providing service to AT&T. 3.7.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.1, AT&T shall notify the customer of the Due Date and or Due Time (OC-TS order). Either party shall notify the other party immediately if either party becomes unable to make the Hot Cut at the Due Time and / or on the Due Date specified. New scheduled due dates and times shall be within BellSouth’s normal hours of operations unless mutually agreed to by both parties. 3.7.3.1.2 Excluding facility shortages, acts of God or unforeseen force shortages, if BellSouth changes the date of a conversion from the date returned on the FOC, the new due date will be no greater than three (3) business days from the original requested date. 3.7.3.1.3 In the event BellSouth does not complete a conversion on the date returned on the FOC or does not complete a time specific conversion as requested due solely to BellSouth reasons, the following circumstances shall occur: (a) BellSouth shall document the order as a Missed Appointment pursuant to the appropriate service quality measurement outlined in Attachment 9 and incorporated herein by this reference and (b) AT&T will not re-negotiate nor consider a change in due date and or due time as a re-negotiation; and (c) AT&T will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not xxxx OCTS charges and AT&T will not be required to pay for OCTS where a missed appointment of OCTS has occurred as provided for in the service quality measurements of Attachment 9 and incorporated herein by this reference. 3.7.3.1.4 Conversions that cannot be completed as requested on the LSR and confirmed on the FOC, solely to AT&T or AT&T’s end user reasons will be submitted to BellSouth as a Supplemental Order. Supplemental Orders must be submitted via the method utilized to submit the original LSR, e.g., mechanized or manual unless conditions warrant otherwise and mutually agreed to by both parties. 3.7.3.2 Upon receipt of the FOC, AT&T and BellSouth agree to follow the procedures for porting numbers as outlined in Attachment 5, incorporated herein by this reference. 3.7.3.2.1 In the event that BellSouth discovers, during the provisioning process, a conflict between BellSouth’s database and its physical facilities, indicating a lack of BellSouth facilities, BellSouth shall issue a Pending Facilities (“PF”) status by sending an electronic notice to AT&T, if the request was submitted electronically, or in the case of a manually submitted LSR, such notice will be provided via the PF report accessible via the Internet. 3.7.3.2.1.1 Pending Facilities order status occurs when a due date may be in jeopardy due to facility delay and may become a Missed Appointment due to BellSouth reasons. 3.7.3.2.1.2 In the event that BellSouth cannot meet its committed Due Date and or Due Time because of a PF condition due to a BellSouth facility shortage, the following shall occur: (a) BellSouth will notify AT&T as soon as the order is placed in PF status in accordance with Section 3.7.3.2.1 above; and (b) BellSouth shall document the order as a Missed Appointment (“MA”) within BellSouth’s internal systems, provided BellSouth is unable to complete the work on the date returned on the FOC; and (c) BellSouth will provide AT&T estimated service date (“ESD”) information at intervals that BellSouth provides such information to itself, its own end users, its affiliates or any other CLEC. BellSouth targets to provide ESD information within 5 business days from the date the PF condition occurs. 3.7.3.2.2 AT&T shall provide BellSouth with a toll free number as stated in the Implementation Contact Telephone Number (“ImpCon”) Field on the LSR that BellSouth shall commit to call and use for all notification to AT&T. In addition, an AT&T representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the AT&T agent is ready to receive and record information provided by BellSouth. 3.7.3.2.3 In the event BellSouth does not find dial tone on the AT&T side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify AT&T. AT&T shall perform the appropriate internal tests and, if necessary, will dispatch a technician to its collocation site at the BellSouth Central Office. If the AT&T technician finds no trouble on the AT&T side when testing, AT&T will notify BellSouth. Both Parties will work cooperatively, to isolate and clear the trouble and arrange, if necessary, a joint meeting of a BellSouth technician and an AT&T technician at the last point of BellSouth’s responsibility at the collocation site. Both Parties’ technicians will meet at the collocation site to work cooperatively by jointly isolating the trouble, and repairing it. If either Party believes the trouble is not being resolved properly, either Party may escalate the matter for immediate resolution. BellSouth will continue to process the Service Order without requiring a supplemental order assuming that AT&T will correct the problem prior

Provisioning. 3.7.3.1 2.1.10.3.1 Either party shall notify the other as soon as it becomes aware of any jeopardy condition which may arise that would jeopardize BellSouth’s committed due date or OC-TS, as applicable, of providing service to AT&T. 3.7.3.1.1 2.1.10.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.12.1.10.2.3.1, AT&T shall notify the customer of the Due Date and or Due Time (OC-TS order). Either party shall notify the other party immediately if either party becomes unable to make the Hot Cut at the Due Time and / or on the Due Date specified. New scheduled due dates and times shall be within BellSouth’s normal hours of operations unless mutually agreed to by both parties. 3.7.3.1.2 2.1.10.3.1.2 Excluding facility shortages, acts of God or unforeseen force shortages, if BellSouth changes the date of a conversion from the date returned on the FOC, the new due date will be no greater than three (3) business days from the original requested date. 3.7.3.1.3 2.1.10.3.1.3 In the event BellSouth does not complete a conversion on the date returned on the FOC or does not complete a time specific conversion as requested due solely to BellSouth reasons, the following circumstances shall occur: (a) BellSouth shall document the order as a Missed Appointment pursuant to the appropriate service quality measurement outlined in Attachment 9 and incorporated herein by this reference and (b) AT&T will not re-negotiate nor consider a change in due date and or and/or due time as a re-negotiation; negotiation and (c) AT&T will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not xxxx OCTS charges and AT&T will not be required to pay for OCTS where a missed appointment of OCTS has occurred as provided for in the service quality measurements of Attachment 9 and incorporated herein by this reference. 3.7.3.1.4 2.1.10.3.1.4 Conversions that cannot be completed as requested on the LSR and confirmed on the FOC, due solely to AT&T or AT&T’s end user reasons will be submitted to BellSouth as a Supplemental Order. Supplemental Orders must be submitted via the method utilized to submit the original LSR, e.g., mechanized or manual unless conditions warrant otherwise and mutually agreed to by both parties. 3.7.3.2 2.1.10.3.2 Upon receipt of the FOC, AT&T and BellSouth agree to follow the procedures for porting numbers as outlined in Attachment 5, incorporated herein by this reference. 3.7.3.2.1 2.1.10.3.2.1 In the event that BellSouth discovers, during the provisioning process, a conflict between BellSouth’s database and its physical facilities, indicating a lack of BellSouth facilities, BellSouth shall issue a Pending Facilities (“PF”) status by sending an electronic notice to AT&T, if the request was submitted electronically, or in the case of a manually submitted LSR, such notice will be provided via the PF report accessible via the Internet. 3.7.3.2.1.1 Pending Facilities 2.1.10.3.2.1.1 PF order status occurs when a due date may be in jeopardy due to facility delay and may become a Missed Appointment due to BellSouth reasons. 3.7.3.2.1.2 2.1.10.3.2.1.2 In the event that BellSouth cannot meet its committed Due Date and or and/or Due Time because of a PF condition due to a BellSouth facility shortage, the following shall occur: (a) BellSouth will notify AT&T as soon as the order is placed in PF status in accordance with with Section 3.7.3.2.1 2.1.10.3.2.1 above; and (b) BellSouth shall document the order as a Missed Appointment (“MA”) within BellSouth’s internal systems, provided BellSouth is unable to complete the work on the date returned on the FOC; and (c) BellSouth will provide AT&T estimated service date (“ESD”) information at intervals that BellSouth provides such information to itself, its own end users, its affiliates or any other CLEC. BellSouth targets to provide ESD information within 5 five (5) business days from the date the PF condition occurs. 3.7.3.2.2 2.1.10.3.2.2 AT&T shall provide BellSouth with a toll free number as stated in the Implementation Contact Telephone Number (“ImpCon”) Field on the LSR that BellSouth shall commit to call and use for all notification to AT&T. In addition, an AT&T representative will answer and will respond within 5 five (5) minutes. Response as used in this section shall mean that the AT&T agent is ready to receive and record information provided by BellSouth. 3.7.3.2.3 2.1.10.3.3 AT&T will ensure that dial tone is delivered to the BellSouth collocation pair forty-eight (48) hours prior to due date. 2.1.10.3.3.1 BellSouth will advise AT&T, via jeopardy notice, as soon as BellSouth becomes aware of a jeopardy condition which would delay the delivery of service to AT&T as outlined in BellSouth’s FOC or time of conversion as mutually agreed to or as ordered by AT&T. 2.1.10.3.3.2 Upon the issuance and receipt of a jeopardy notice, the Parties agree to follow mutually agreed upon business rules established for resolving various types of jeopardy conditions. 2.1.10.3.4 BellSouth and AT&T reserve the right to change its internal hot cut activities as business needs dictate. Any changes to the documented hot cut process are subject to the CLEC User Group guidelines. Issues which cannot be resolved satisfactorily through the CLEC User Group, will be subject to the dispute resolution process as set forth in Section 16 of the General Terms and Conditions of this agreement. 2.1.10.3.5 Loop Cut-Over Timing 2.1.10.3.5.1 BellSouth shall complete the loop cut-over step and notify AT&T of such completion in accordance with this section, commencing with the specified time committed to on the FOC and ending no later than the following time limits depending on the number of lines being cut. In the case of a Coordinated Order Time Specific or OC conversion: 1-10 loops => 60 mins (1 hour); 11-30 loops => 120 mins. (2 hours) unless project managed; 31+ loops => Project Managed. 2.1.10.3.5.2 BellSouth’s commitment to performance as set forth in Attachment 9 of this Agreement is incorporated herein by this reference. 2.1.10.3.5.3 Intervals for loops for a single end user on the same local service requests for loops greater than thirty (30) will be completed at intervals mutually coordinated by both parties through Project Management. Both parties recognize that certain conversions requiring multiple cut points may exceed the above intervals but in any event both parties will work cooperatively to limit service outage to an end user. 2.1.10.3.5.4 In the event BellSouth does not find dial tone on complete the loop cut-over step within the appropriate time limit provided in Section 2.1.10.3.5.1 above and notify AT&T side when testing prior of such completion in accordance with Section 2.1.10.3.5.1 above, AT&T may escalate such failure to the conversion date and time, and detects no trouble on the proper BellSouth side, BellSouth shall official for expedited resolution immediately notify AT&T. AT&T shall perform the appropriate internal tests and, if necessary, will dispatch a technician to its collocation site at the BellSouth Central Office. If the AT&T technician finds no trouble on the AT&T side when testing, AT&T will notify BellSouth. Both Parties will work cooperatively, to isolate and clear the trouble and arrange, if necessary, a joint meeting end of a BellSouth technician and an AT&T technician at the last point of BellSouth’s responsibility at the collocation site. Both Parties’ technicians will meet at the collocation site to work cooperatively by jointly isolating the trouble, and repairing it. If either Party believes the trouble is not being resolved properly, either Party may escalate the matter for immediate resolution. BellSouth will continue to process the Service Order without requiring a supplemental order assuming that AT&T will correct the problem priorsuch time limit.

Provisioning. 3.7.3.1 2.10.3.1 Either party shall notify the other as soon as it becomes aware of any jeopardy condition which may arise that would jeopardize BellSouth’s committed due date or OC-TS, as applicable, of providing service to AT&T.BTI. 3.7.3.1.1 2.10.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.12.10.2.3.1, AT&T BTI shall notify the customer of the Due Date and or Due Time (OC-TS order). Either party shall notify the other party immediately if either party becomes unable to make the Hot Cut at the Due Time and / or on the Due Date specified. New scheduled due dates and times shall be within BellSouth’s normal hours of operations unless mutually agreed to by both parties. 3.7.3.1.2 2.10.3.1.2 Excluding facility shortages, acts of God or unforeseen force shortages, if BellSouth changes the date of a conversion from the date returned on the FOC, the new due date will be no greater than three (3) business days from the original requested date. 3.7.3.1.3 2.10.3.1.3 In the event BellSouth does not complete a conversion on the date returned on the FOC or does not complete a time specific conversion as requested due solely to BellSouth reasons, the following circumstances shall occur: (a) BellSouth shall document the order as a Missed Appointment pursuant to the appropriate service quality measurement outlined in Attachment 9 and incorporated herein by this reference and (b) AT&T BTI will not re-negotiate nor consider a change in due date and or due time as a re-negotiation; and (c) AT&T BTI will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not xxxx bill OCTS charges and AT&T BTI will not be required to pay for OCTS where a missed appointment of OCTS has occurred as provided for in the service quality measurements of Attachment 9 and incorporated herein by this reference. 3.7.3.1.4 2.10.3.1.4 Conversions that cannot be completed as requested on the LSR and confirmed on the FOC, solely to AT&T BTI or AT&TBTI’s end user reasons will be submitted to BellSouth as a Supplemental Order. Supplemental Orders must be submitted via the method utilized to submit the original LSR, e.g., mechanized or manual unless conditions warrant otherwise and mutually agreed to by both parties. 3.7.3.2 2.10.3.2 Upon receipt of the FOC, AT&T BTI and BellSouth agree to follow the procedures for porting numbers as outlined in Attachment 5, incorporated herein by this reference. 3.7.3.2.1 2.10.3.2.1 In the event that BellSouth XxxxXxxxx discovers, during the provisioning process, a conflict between BellSouth’s database and its physical facilities, indicating a lack of BellSouth facilities, BellSouth shall issue a Pending Facilities (“PF”) status by sending an electronic notice to AT&TBTI, if the request was submitted electronically, or in the case of a manually submitted LSR, such notice will be provided via the PF report accessible via the Internet. 3.7.3.2.1.1 Pending Facilities 2.10.3.2.1.1 PF order status occurs when a due date may be in jeopardy due to facility delay and may become a Missed Appointment due to BellSouth reasons. 3.7.3.2.1.2 2.10.3.2.1.2 In the event that BellSouth cannot meet its committed Due Date and or Due Time because of a PF condition due to a BellSouth facility shortage, the following shall occur: (a) BellSouth will notify AT&T BTI as soon as the order is placed in PF status in accordance with with Section 3.7.3.2.1 2.10.3.2.1 above; and (b) BellSouth shall document the order as a Missed Appointment (“MA”) within BellSouth’s internal systems, provided BellSouth is unable to complete the work on the date returned on the FOC; and (c) BellSouth will provide AT&T BTI estimated service date (“ESD”) information at intervals that BellSouth provides such information to itself, its own end users, its affiliates or any other CLEC. BellSouth targets to provide ESD information within 5 five (5) business days from the date the PF condition occurs. 3.7.3.2.2 AT&T 2.10.3.2.2 BTI shall provide BellSouth with a toll free number as stated in the Implementation Contact Telephone Number (“ImpCon”) Field on the LSR that BellSouth shall commit to call and use for all notification to AT&T. BTI. In addition, an AT&T BTI representative will answer and will respond within 5 five (5) minutes. Response as used in this section shall mean that the AT&T BTI agent is ready to receive and record information provided by BellSouthXxxxXxxxx. 3.7.3.2.3 2.10.3.2.3 In the event BellSouth does not find dial tone on the AT&T BTI side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify AT&T. AT&T BTI. BTI shall perform the appropriate internal tests and, if necessary, will dispatch a technician to its collocation site at the BellSouth Central Office. If the AT&T BTI technician finds no trouble on the AT&T BTI side when testing, AT&T BTI will notify BellSouth. Both Parties will work cooperatively, to isolate and clear the trouble and arrange, if necessary, a joint meeting of a BellSouth technician and an AT&T BTI technician at the last point of BellSouth’s responsibility at the collocation site. Both Parties’ technicians will meet at the collocation site to work cooperatively by jointly isolating the trouble, and repairing it. If either Party believes the trouble is not being resolved properly, either Party may escalate the matter for immediate resolution. BellSouth will continue to process the Service Order without requiring a supplemental order assuming that AT&T BTI will correct the problem priorprior to the cut date and time. If the problem is determined to be a BellSouth problem and the cut time has passed, BellSouth will waive non-recurring OC-TS charges pursuant to Section 2.10.3.1.3 above, and the Parties shall establish, by mutual consent, a new due time and or due date to be met through expedited processing. 2.10.3.2.4 Troubles referred to BTI as referenced in Section 2.10.3.2.3 above will be repaired by the BTI technician, if necessary. Unless BTI notifies BellSouth that the “No Dial tone” issue has not been resolved, BellSouth shall continue to process the Service Order without requiring a supplemental order. BTI agrees that BellSouth may rely on the lack of such notification to mean that BTI believes it can resolve the “No Dial tone” issue prior to Due Date or Due Time. BTI shall not be required to call BellSouth to communicate that the “No Dial Tone” issue has been resolved. If at the time of the cut, BTI dial tone is not detected on the BellSouth collocation pair and BTI and BellSouth agree that the problem is due to BTI and cannot be resolved within fifteen (15) minutes, BTI will be required to supplement the order, which will be submitted via the method utilized to submit the original LSR, and request a new due date and time. If BTI is unable to correct the repair within fifteen (15) minutes, BTI may request that BellSouth technicians standby until the condition is corrected by paying standby rates as provided for in FCC Tariff #1. If either Party believes that the process set forth herein is not satisfactorily implemented, the process improvement plan as described in Section 2.10.4.1 below will be applied. 2.10.3.3 BTI will ensure that dial tone is delivered to the BellSouth collocation pair forty- eight (48) hours prior to due date. 2.10.3.3.1 For OC-TS or OC conversions, BellSouth will verify the cut-over time designated by BTI for OCTS or verify the due date for OC conversions twenty-four to forty- eight (24-48) hours in advance via telephone to ensure that the conversion is to be completed as ordered. In addition, BellSouth shall provide the following information at the time of this call: dial tone and the ANI test results, Due Date, frame due time if the order is an OC-TS order, the number of lines and the cable and pair assignment. This telephone call at twenty-four to forty-eight (24-48) hours notifying BTI with the above information stated in this Section, will be known as the “Concurrence Call.” This verified information must be the same Due Date or OC-TS as sent back on the FOC unless the Parties jointly agree on or before this concurrence call on a new due date or OC-TS. Both parties will ensure OC-TS as identified in this section will commence within fifteen (15) minutes of the agreed time. XxxxXxxxx agrees to make the concurrence call at the same time or after the dial tone and ANAC test has been completed. In the unlikely event BellSouth does not complete the dial tone and ANAC test twenty-four (24) hours prior to the due date, BellSouth will either confirm that the conversion will take place at the scheduled conversion time or advise BTI that it will not. If BellSouth advises BTI that it will not meet the scheduled conversion date or time, BellSouth will document a missed due date or missed time specific conversion in accordance with Section 2.10.3.1.3 above. 2.10.3.3.2 BellSouth will advise BTI, via jeopardy notice, as soon as BellSouth becomes aware of a jeopardy condition which would delay the delivery of service to BTI as outlined in BellSouth’s FOC or time of conversion as mutually agreed to or as ordered by BTI. 2.10.3.3.3 Upon the issuance and receipt of a jeopardy notice, the Parties agree to follow mutually agreed upon business rules established for resolving various types of jeopardy conditions.

Provisioning. 3.7.3.1 2.1.10.3.1 Either party shall notify the other as soon as it becomes aware of any jeopardy condition which may arise that would jeopardize BellSouth’s committed due date or OC-TS, as applicable, of providing service to AT&T.AT&T AND TC SYSTEMS. 3.7.3.1.1 2.1.10.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.12.1.10.2.3.1, AT&T AND TC SYSTEMS shall notify the customer of the Due Date and or Due Time (OC-TS order). Either party shall notify the other party immediately if either party becomes unable to make the Hot Cut at the Due Time and / or on the Due Date specified. New scheduled due dates and times shall be within BellSouth’s normal hours of operations unless mutually agreed to by both parties. 3.7.3.1.2 2.1.10.3.1.2 Excluding facility shortages, acts of God or unforeseen force shortages, if BellSouth changes the date of a conversion from the date returned on the FOC, the new due date will be no greater than three (3) business days from the original requested date. 3.7.3.1.3 2.1.10.3.1.3 In the event BellSouth does not complete a conversion on the date returned on the FOC or does not complete a time specific conversion as requested due solely to BellSouth reasons, the following circumstances shall occur: (a) BellSouth shall document the order as a Missed Appointment pursuant to the appropriate service quality measurement outlined in Attachment 9 and incorporated herein by this reference and (b) AT&T AND TC SYSTEMS will not re-negotiate nor consider a change in due date and or and/or due time as a re-negotiation; negotiation and (c) AT&T AND TC SYSTEMS will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not xxxx OCTS charges and AT&T AND TC SYSTEMS will not be required to pay for OCTS where a missed appointment of OCTS has occurred as provided for in the service quality measurements of Attachment 9 and incorporated herein by this reference. 3.7.3.1.4 2.1.10.3.1.4 Conversions that cannot be completed as requested on the LSR and confirmed on the FOC, due solely to AT&T AND TC SYSTEMS or AT&TAT&T AND TC SYSTEMS’s end user reasons will be submitted to BellSouth as a Supplemental Order. Supplemental Orders must be submitted via the method utilized to submit the original LSR, e.g., mechanized or manual unless conditions warrant otherwise and mutually agreed to by both parties. 3.7.3.2 2.1.10.3.2 Upon receipt of the FOC, AT&T AND TC SYSTEMS and BellSouth agree to follow the procedures for porting numbers as outlined in Attachment 5, incorporated herein by this reference. 3.7.3.2.1 2.1.10.3.2.1 In the event that BellSouth discovers, during the provisioning process, a conflict between BellSouth’s database and its physical facilities, indicating a lack of BellSouth facilities, BellSouth shall issue a Pending Facilities (“PF”) status by sending an electronic notice to AT&TAT&T AND TC SYSTEMS, if the request was submitted electronically, or in the case of a manually submitted LSR, such notice will be provided via the PF report accessible via the Internet. 3.7.3.2.1.1 Pending Facilities 2.1.10.3.2.1.1 PF order status occurs when a due date may be in jeopardy due to facility delay and may become a Missed Appointment due to BellSouth reasons. 3.7.3.2.1.2 2.1.10.3.2.1.2 In the event that BellSouth cannot meet its committed Due Date and or and/or Due Time because of a PF condition due to a BellSouth facility shortage, the following shall occur: (a) BellSouth will notify AT&T AND TC SYSTEMS as soon as the order is placed in PF status in accordance with with Section 3.7.3.2.1 above; and (b) BellSouth shall document the order as a Missed Appointment (“MA”) within BellSouth’s internal systems, provided BellSouth is unable to complete the work on the date returned on the FOC; and (c) BellSouth will provide AT&T estimated service date (“ESD”) information at intervals that BellSouth provides such information to itself, its own end users, its affiliates or any other CLEC. BellSouth targets to provide ESD information within 5 business days from the date the PF condition occurs2.1. 3.7.3.2.2 AT&T shall provide BellSouth with a toll free number as stated in the Implementation Contact Telephone Number (“ImpCon”) Field on the LSR that BellSouth shall commit to call and use for all notification to AT&T. In addition, an AT&T representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the AT&T agent is ready to receive and record information provided by BellSouth. 3.7.3.2.3 In the event BellSouth does not find dial tone on the AT&T side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify AT&T. AT&T shall perform the appropriate internal tests and, if necessary, will dispatch a technician to its collocation site at the BellSouth Central Office. If the AT&T technician finds no trouble on the AT&T side when testing, AT&T will notify BellSouth. Both Parties will work cooperatively, to isolate and clear the trouble and arrange, if necessary, a joint meeting of a BellSouth technician and an AT&T technician at the last point of BellSouth’s responsibility at the collocation site. Both Parties’ technicians will meet at the collocation site to work cooperatively by jointly isolating the trouble, and repairing it. If either Party believes the trouble is not being resolved properly, either Party may escalate the matter for immediate resolution. BellSouth will continue to process the Service Order without requiring a supplemental order assuming that AT&T will correct the problem prior

Provisioning. 3.7.3.1 2.1.9.3.1 Either party shall notify the other as soon as it becomes aware of any jeopardy condition which may arise that would jeopardize BellSouth’s committed due date or OC-TS, as applicable, of providing service to AT&T.IDS. 3.7.3.1.1 2.1.9.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.12.1.9.3.1, AT&T IDS shall notify the customer of the Due Date and or and/or Due Time (OC-TS order). Either party shall notify the other party immediately if either party becomes unable to make the Hot Cut at the Due Time and / or on the Due Date specified. New scheduled due dates and times shall be within BellSouth’s normal hours of operations unless mutually agreed to by both parties. 3.7.3.1.2 2.1.9.3.1.2 Excluding facility shortages, acts of God or unforeseen force shortages, if BellSouth changes the date of a conversion from the date returned on the FOC, the new due date will be no greater than three (3) business days from the original requested date. 3.7.3.1.3 2.1.9.3.1.3 In the event BellSouth does not complete a conversion on the date returned on the FOC or does not complete a time specific conversion as requested due solely to BellSouth reasons, the following circumstances shall occur: (a) BellSouth shall document the order as a Missed Appointment pursuant to the appropriate service quality measurement outlined in Attachment 9 and incorporated herein by this reference and (b) AT&T IDS will not re-negotiate nor consider a change in due date and or due time as a re-negotiation; and (c) AT&T IDS will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not xxxx OCTS charges and AT&T IDS will not be required to pay for OCTS where a missed appointment of OCTS has occurred as provided for in the service quality measurements of Attachment 9 and incorporated herein by this reference. 3.7.3.1.4 Conversions that cannot be completed as requested on the LSR and confirmed on the FOC, solely to AT&T or AT&T’s end user reasons will be submitted to BellSouth as a Supplemental Order. Supplemental Orders must be submitted via the method utilized to submit the original LSR, e.g., mechanized or manual unless conditions warrant otherwise and mutually agreed to by both parties. 3.7.3.2 Upon receipt of the FOC, AT&T and BellSouth agree to follow the procedures for porting numbers as outlined in Attachment 5, incorporated herein by this reference. 3.7.3.2.1 In the event that BellSouth discovers, during the provisioning process, a conflict between BellSouth’s database and its physical facilities, indicating a lack of BellSouth facilities, BellSouth shall issue a Pending Facilities (“PF”) status by sending an electronic notice to AT&T, if the request was submitted electronically, or in the case of a manually submitted LSR, such notice will be provided via the PF report accessible via the Internet. 3.7.3.2.1.1 Pending Facilities order status occurs when a due date may be in jeopardy due to facility delay and may become a Missed Appointment due to BellSouth reasons. 3.7.3.2.1.2 In the event that BellSouth cannot meet its committed Due Date and or Due Time because of a PF condition due to a BellSouth facility shortage, the following shall occur: (a) BellSouth will notify AT&T as soon as the order is placed in PF status in accordance with Section 3.7.3.2.1 above; and (b) BellSouth shall document the order as a Missed Appointment (“MA”) within BellSouth’s internal systems, provided BellSouth is unable to complete the work on the date returned on the FOC; and (c) BellSouth will provide AT&T estimated service date (“ESD”) information at intervals that BellSouth provides such information to itself, its own end users, its affiliates or any other CLEC. BellSouth targets to provide ESD information within 5 business days from the date the PF condition occurs. 3.7.3.2.2 AT&T shall provide BellSouth with a toll free number as stated in the Implementation Contact Telephone Number (“ImpCon”) Field on the LSR that BellSouth shall commit to call and use for all notification to AT&T. In addition, an AT&T representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the AT&T agent is ready to receive and record information provided by BellSouth. 3.7.3.2.3 In the event BellSouth does not find dial tone on the AT&T side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify AT&T. AT&T shall perform the appropriate internal tests and, if necessary, will dispatch a technician to its collocation site at the BellSouth Central Office. If the AT&T technician finds no trouble on the AT&T side when testing, AT&T will notify BellSouth. Both Parties will work cooperatively, to isolate and clear the trouble and arrange, if necessary, a joint meeting of a BellSouth technician and an AT&T technician at the last point of BellSouth’s responsibility at the collocation site. Both Parties’ technicians will meet at the collocation site to work cooperatively by jointly isolating the trouble, and repairing it. If either Party believes the trouble is not being resolved properly, either Party may escalate the matter for immediate resolution. BellSouth will continue to process the Service Order without requiring a supplemental order assuming that AT&T will correct the problem prior

Provisioning. 3.7.3.1 2.1.10.3.1 Either party shall notify the other as soon as it becomes aware of any jeopardy condition which may arise that would jeopardize BellSouth’s committed due date or OC-TS, as applicable, of providing service to AT&T. 3.7.3.1.1 2.1.10.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.12.1.10.2.3.1, AT&T shall notify the customer of the Due Date and or Due Time (OC-TS order). Either party shall notify the other party immediately if either party becomes unable to make the Hot Cut at the Due Time and / or on the Due Date specified. New scheduled due dates and times shall be within BellSouth’s normal hours of operations unless mutually agreed to by both parties. 3.7.3.1.2 2.1.10.3.1.2 Excluding facility shortages, acts of God or unforeseen force shortages, if BellSouth changes the date of a conversion from the date returned on the FOC, the new due date will be no greater than three (3) business days from the original requested date. 3.7.3.1.3 2.1.10.3.1.3 In the event BellSouth does not complete a conversion on the date returned on the FOC or does not complete a time specific conversion as requested due solely to BellSouth reasons, the following circumstances shall occur: (a) BellSouth shall document the order as a Missed Appointment pursuant to the appropriate service quality measurement outlined in Attachment 9 and incorporated herein by this reference and (b) AT&T will not re-negotiate nor consider a change in due date and or and/or due time as a re-negotiation; negotiation and (c) AT&T will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not xxxx OCTS charges and AT&T will not be required to pay for OCTS where a missed appointment of OCTS has occurred as provided for in the service quality measurements of Attachment 9 and incorporated herein by this reference. 3.7.3.1.4 2.1.10.3.1.4 Conversions that cannot be completed as requested on the LSR and confirmed on the FOC, due solely to AT&T or AT&T’s end user reasons will be submitted to BellSouth as a Supplemental Order. Supplemental Orders must be submitted via the method utilized to submit the original LSR, e.g., mechanized or manual unless conditions warrant otherwise and mutually agreed to by both parties. 3.7.3.2 2.1.10.3.2 Upon receipt of the FOC, AT&T and BellSouth agree to follow the procedures for porting numbers as outlined in Attachment 5, incorporated herein by this reference. 3.7.3.2.1 2.1.10.3.2.1 In the event that BellSouth discovers, during the provisioning process, a conflict between BellSouth’s database and its physical facilities, indicating a lack of BellSouth facilities, BellSouth shall issue a Pending Facilities (“PF”) status by sending an electronic notice to AT&T, if the request was submitted electronically, or in the case of a manually submitted LSR, such notice will be provided via the PF report accessible via the Internet. 3.7.3.2.1.1 Pending Facilities order status occurs when a due date may be in jeopardy due to facility delay and may become a Missed Appointment due to BellSouth reasons. 3.7.3.2.1.2 In the event that BellSouth cannot meet its committed Due Date and or Due Time because of a PF condition due to a BellSouth facility shortage, the following shall occur: (a) BellSouth will notify AT&T as soon as the order is placed in PF status in accordance with Section 3.7.3.2.1 above; and (b) BellSouth shall document the order as a Missed Appointment (“MA”) within BellSouth’s internal systems, provided BellSouth is unable to complete the work on the date returned on the FOC; and (c) BellSouth will provide AT&T estimated service date (“ESD”) information at intervals that BellSouth provides such information to itself, its own end users, its affiliates or any other CLEC. BellSouth targets to provide ESD information within 5 business days from the date the PF condition occurs. 3.7.3.2.2 AT&T shall provide BellSouth with a toll free number as stated in the Implementation Contact Telephone Number (“ImpCon”) Field on the LSR that BellSouth shall commit to call and use for all notification to AT&T. In addition, an AT&T representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the AT&T agent is ready to receive and record information provided by BellSouth. 3.7.3.2.3 In the event BellSouth does not find dial tone on the AT&T side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify AT&T. AT&T shall perform the appropriate internal tests and, if necessary, will dispatch a technician to its collocation site at the BellSouth Central Office. If the AT&T technician finds no trouble on the AT&T side when testing, AT&T will notify BellSouth. Both Parties will work cooperatively, to isolate and clear the trouble and arrange, if necessary, a joint meeting of a BellSouth technician and an AT&T technician at the last point of BellSouth’s responsibility at the collocation site. Both Parties’ technicians will meet at the collocation site to work cooperatively by jointly isolating the trouble, and repairing it. If either Party believes the trouble is not being resolved properly, either Party may escalate the matter for immediate resolution. BellSouth will continue to process the Service Order without requiring a supplemental order assuming that AT&T will correct the problem priorof

Provisioning. 3.7.3.1 2.1.10.3.1 Either party shall notify the other as soon as it becomes aware of any jeopardy condition which may arise that would jeopardize BellSouth’s committed due date or OC-TS, as applicable, of providing service to AT&T.TCG. 3.7.3.1.1 2.1.10.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.12.1.10.2.3.1, AT&T TCG shall notify the customer of the Due Date and or Due Time (OC-TS order). Either party shall notify the other party immediately if either party becomes unable to make the Hot Cut at the Due Time and / or on the Due Date specified. New scheduled due dates and times shall be within BellSouth’s normal hours of operations unless mutually agreed to by both parties. 3.7.3.1.2 2.1.10.3.1.2 Excluding facility shortages, acts of God or unforeseen force shortages, if BellSouth changes the date of a conversion from the date returned on the FOC, the new due date will be no greater than three (3) business days from the original requested date. 3.7.3.1.3 2.1.10.3.1.3 In the event BellSouth does not complete a conversion on the date returned on the FOC or does not complete a time specific conversion as requested due solely to BellSouth reasons, the following circumstances shall occur: (a) BellSouth shall document the order as a Missed Appointment pursuant to the appropriate service quality measurement outlined in Attachment 9 and incorporated herein by this reference and (b) AT&T TCG will not re-negotiate nor consider a change in due date and or and/or due time as a re-negotiation; negotiation and (c) AT&T TCG will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not xxxx OCTS charges and AT&T TCG will not be required to pay for OCTS where a missed appointment of OCTS has occurred as provided for in the service quality measurements of Attachment 9 and incorporated herein by this reference. 3.7.3.1.4 2.1.10.3.1.4 Conversions that cannot be completed as requested on the LSR and confirmed on the FOC, due solely to AT&T TCG or AT&TTCG’s end user reasons will be submitted to BellSouth as a Supplemental Order. Supplemental Orders must be submitted via the method utilized to submit the original LSR, e.g., mechanized or manual unless conditions warrant otherwise and mutually agreed to by both parties. 3.7.3.2 2.1.10.3.2 Upon receipt of the FOC, AT&T TCG and BellSouth agree to follow the procedures for porting numbers as outlined in Attachment 5, incorporated herein by this reference. 3.7.3.2.1 2.1.10.3.2.1 In the event that BellSouth discovers, during the provisioning process, a conflict between BellSouth’s database and its physical facilities, indicating a lack of BellSouth facilities, BellSouth shall issue a Pending Facilities (“PF”) status by sending an electronic notice to AT&TTCG, if the request was submitted electronically, or in the case of a manually submitted LSR, such notice will be provided via the PF report accessible via the Internet. 3.7.3.2.1.1 Pending Facilities 2.1.10.3.2.1.1 PF order status occurs when a due date may be in jeopardy due to facility delay and may become a Missed Appointment due to BellSouth reasons. 3.7.3.2.1.2 2.1.10.3.2.1.2 In the event that BellSouth cannot meet its committed Due Date and or and/or Due Time because of a PF condition due to a BellSouth facility shortage, the following shall occur: (a) BellSouth will notify AT&T TCG as soon as the order is placed in PF status in accordance with with Section 3.7.3.2.1 2.1.10.3.2.1 above; and (b) BellSouth shall document the order as a Missed Appointment (“MA”) within BellSouth’s internal systems, provided BellSouth is unable to complete the work on the date returned on the FOC; and (c) BellSouth will provide AT&T TCG estimated service date (“ESD”) information at intervals that BellSouth provides such information to itself, its own end users, its affiliates or any other CLEC. BellSouth targets to provide ESD information within 5 five (5) business days from the date the PF condition occurs. 3.7.3.2.2 AT&T 2.1.10.3.2.2 TCG shall provide BellSouth with a toll free number as stated in the Implementation Contact Telephone Number (“ImpCon”) Field on the LSR that BellSouth shall commit to call and use for all notification to AT&T. TCG. In addition, an AT&T TCG representative will answer and will respond within 5 five (5) minutes. Response as used in this section shall mean that the AT&T TCG agent is ready to receive and record information provided by BellSouth. 3.7.3.2.3 2.1.10.3.3 TCG will ensure that dial tone is delivered to the BellSouth collocation pair forty- eight (48) hours prior to due date. 2.1.10.3.3.1 BellSouth will advise TCG, via jeopardy notice, as soon as BellSouth becomes aware of a jeopardy condition which would delay the delivery of service to TCG as outlined in BellSouth’s FOC or time of conversion as mutually agreed to or as ordered by TCG. 2.1.10.3.3.2 Upon the issuance and receipt of a jeopardy notice, the Parties agree to follow mutually agreed upon business rules established for resolving various types of jeopardy conditions. 2.1.10.3.4 BellSouth and TCG reserve the right to change its internal hot cut activities as business needs dictate. Any changes to the documented hot cut process are subject to the CLEC User Group guidelines. Issues which cannot be resolved satisfactorily through the CLEC User Group, will be subject to the dispute resolution process as set forth in Section 16 of the General Terms and Conditions of this agreement. 2.1.10.3.5 Loop Cut-Over Timing 2.1.10.3.5.1 BellSouth shall complete the loop cut-over step and notify TCG of such completion in accordance with this section, commencing with the specified time committed to on the FOC and ending no later than the following time limits depending on the number of lines being cut. In the case of a Coordinated Order Time Specific or OC conversion: 1-10 loops => 60 mins (1 hour); 11-30 loops => 120 mins. (2 hours) unless project managed; 31+ loops => Project Managed. 2.1.10.3.5.2 BellSouth’s commitment to performance as set forth in Attachment 9 of this Agreement is incorporated herein by this reference. 2.1.10.3.5.3 Intervals for loops for a single end user on the same local service requests for loops greater than thirty (30) will be completed at intervals mutually coordinated by both parties through Project Management. Both parties recognize that certain conversions requiring multiple cut points may exceed the above intervals but in any event both parties will work cooperatively to limit service outage to an end user. 2.1.10.3.5.4 In the event BellSouth does not find dial tone on complete the AT&T side when testing prior loop cut-over step within the appropriate time limit provided in Section 2.1.10.3.5.1 above and notify TCG of such completion in accordance with Section 2.1.10.3.5.1 above, TCG may escalate such failure to the conversion date and time, and detects no trouble on the proper BellSouth side, BellSouth shall official for expedited resolution immediately notify AT&T. AT&T shall perform the appropriate internal tests and, if necessary, will dispatch a technician to its collocation site at the BellSouth Central Office. If the AT&T technician finds no trouble on the AT&T side when testing, AT&T will notify BellSouth. Both Parties will work cooperatively, to isolate and clear the trouble and arrange, if necessary, a joint meeting end of a BellSouth technician and an AT&T technician at the last point of BellSouth’s responsibility at the collocation site. Both Parties’ technicians will meet at the collocation site to work cooperatively by jointly isolating the trouble, and repairing it. If either Party believes the trouble is not being resolved properly, either Party may escalate the matter for immediate resolution. BellSouth will continue to process the Service Order without requiring a supplemental order assuming that AT&T will correct the problem priorsuch time limit.

Provisioning. 3.7.3.1 Either party shall notify the other as soon as it becomes aware of any jeopardy condition which may arise that would jeopardize BellSouth’s committed due date or OC-TS, as applicable, of providing service to AT&T.TCG. 3.7.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.1, AT&T TCG shall notify the customer of the Due Date and or Due Time (OC-TS order). Either party shall notify the other party immediately if either party becomes unable to make the Hot Cut at the Due Time and / or on the Due Date specified. New scheduled due dates and times shall be within BellSouth’s normal hours of operations unless mutually agreed to by both parties. 3.7.3.1.2 Excluding facility shortages, acts of God or unforeseen force shortages, if BellSouth changes the date of a conversion from the date returned on the FOC, the new due date will be no greater than three (3) business days from the original requested date. 3.7.3.1.3 In the event BellSouth does not complete a conversion on the date returned on the FOC or does not complete a time specific conversion as requested due solely to BellSouth reasons, the following circumstances shall occur: (a) BellSouth shall document the order as a Missed Appointment pursuant to the appropriate service quality measurement outlined in Attachment 9 and incorporated herein by this reference and (b) AT&T TCG will not re-negotiate nor consider a change in due date and or due time as a re-negotiation; and (c) AT&T TCG will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not xxxx OCTS charges and AT&T TCG will not be required to pay for OCTS where a missed appointment of OCTS has occurred as provided for in the service quality measurements of Attachment 9 and incorporated herein by this reference. 3.7.3.1.4 Conversions that cannot be completed as requested on the LSR and confirmed on the FOC, solely to AT&T TCG or AT&TTCG’s end user reasons will be submitted to BellSouth as a Supplemental Order. Supplemental Orders must be submitted via the method utilized to submit the original LSR, e.g., mechanized or manual unless conditions warrant otherwise and mutually agreed to by both parties. 3.7.3.2 Upon receipt of the FOC, AT&T TCG and BellSouth agree to follow the procedures for porting numbers as outlined in Attachment 5, incorporated herein by this reference. 3.7.3.2.1 In the event that BellSouth discovers, during the provisioning process, a conflict between BellSouth’s database and its physical facilities, indicating a lack of BellSouth facilities, BellSouth shall issue a Pending Facilities (“PF”) status by sending an electronic notice to AT&TTCG, if the request was submitted electronically, or in the case of a manually submitted LSR, such notice will be provided via the PF report accessible via the Internet. 3.7.3.2.1.1 Pending Facilities order status occurs when a due date may be in jeopardy due to facility delay and may become a Missed Appointment due to BellSouth reasons. 3.7.3.2.1.2 In the event that BellSouth cannot meet its committed Due Date and or Due Time because of a PF condition due to a BellSouth facility shortage, the following shall occur: (a) BellSouth will notify AT&T TCG as soon as the order is placed in PF status in accordance with Section 3.7.3.2.1 above; and (b) BellSouth shall document the order as a Missed Appointment (“MA”) within BellSouth’s internal systems, provided BellSouth is unable to complete the work on the date returned on the FOC; and (c) BellSouth will provide AT&T TCG estimated service date (“ESD”) information at intervals that BellSouth provides such information to itself, its own end users, its affiliates or any other CLEC. BellSouth targets to provide ESD information within 5 business days from the date the PF condition occurs. 3.7.3.2.2 AT&T TCG shall provide BellSouth with a toll free number as stated in the Implementation Contact Telephone Number (“ImpCon”) Field on the LSR that BellSouth shall commit to call and use for all notification to AT&T. TCG. In addition, an AT&T TCG representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the AT&T TCG agent is ready to receive and record information provided by BellSouth. 3.7.3.2.3 In the event BellSouth does not find dial tone on the AT&T TCG side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify AT&T. AT&T TCG. TCG shall perform the appropriate internal tests and, if necessary, will dispatch a technician to its collocation site at the BellSouth Central Office. If the AT&T TCG technician finds no trouble on the AT&T TCG side when testing, AT&T TCG will notify BellSouth. Both Parties will work cooperatively, to isolate and clear the trouble and arrange, if necessary, a joint meeting of a BellSouth technician and an AT&T TCG technician at the last point of BellSouth’s responsibility at the collocation site. Both Parties’ technicians will meet at the collocation site to work cooperatively by jointly isolating the trouble, and repairing it. If either Party believes the trouble is not being resolved properly, either Party may escalate the matter for immediate resolution. BellSouth will continue to process the Service Order without requiring a supplemental order assuming that AT&T TCG will correct the problem priorprior to the cut date and time. If the problem is determined to be a BellSouth problem and the cut time has passed, BellSouth will waive non-recurring OC-TS charges pursuant to