Common use of Transition for Certain DS1 and DS3 Loops Clause in Contracts

Transition for Certain DS1 and DS3 Loops. 2.2.1 For purposes of this Section 2.2, the Transition Period for the Embedded Base of DS1 and DS3 Loops and for the Excess DS1 and DS3 Loops (defined in Section 2.2.3) is the twelve (12) month period beginning March 11, 2005 and ending March 10, 2006. 2.2.2 For purposes of this Section 2.2, Embedded Base means DS1 and DS3 Loops that were in service for NuVox as of March 11, 2005 in those wire centers that, as of such date, met the criteria set forth in Sections 2.2.4.1 and 2.2.4.2 below. Subsequent disconnects or loss of customers shall be removed from the Embedded Base. 2.2.3 Excess DS1 and DS3 Loops are those NuVox DS1 and DS3 Loops in service as of March 11, 2005, in excess of the caps set forth in Section 2.2.3.1 below. Subsequent disconnects or loss of customers shall be removed from Excess DS1 and DS3 Loops. 2.2.3.1 AT&T shall not provide more than ten (10) unbundled Section 251 DS1 Loops to NuVox at any single Building in which DS1 Loops are available as Section 251 Loops. NuVox may obtain a maximum of a single Section 251 DS3 Loop to any single Building in which DS3 Loops are available as Section 251 Loops. 2.2.4 Notwithstanding anything to the contrary in this Agreement, and except as set forth in Section 2.3 below, AT&T shall make available DS1 and DS3 Loops Page 71 of 327 meeting the following thresholds for NuVox‟s Embedded Base, and Excess DS1 and DS3 loops during the Transition Period: 2.2.4.1 DS1 Loops at any building within the service area of a wire center containing 60,000 or more Business Lines and four (4) or more fiber-based collocators (DS1 Threshold). Except as set forth in Section 1.7 above and Section 2.3 below, once a wire center exceeds both of the thresholds set forth in this Section 2.2.4.1, AT&T will not be required to provide Section 251 DS1 Loops in that wire center. 2.2.4.2 DS3 Loops at any building within the service area of a wire center containing 38,000 or more Business Lines and four (4) or more fiber-based collocators (DS3 Threshold). Except as set forth in Section 1.7 above and Section 2.3 below, once a wire center exceeds both of the thresholds set forth in this Section 2.2.4.2, AT&T will not be required to provide Section 251 DS3 Loops in that wire center. 2.2.5 A list of wire centers meeting the criteria set forth in Sections 2.2.4.1 and 2.2.4.2 above is attached to AT&T‟s Carrier Notification Letter SN91086135, which is available on AT&T's Interconnection Services Web site, and is appended to this Attachment as Exhibit A. 2.2.6 Transition Period Pricing. From March 11, 2005 through March 10, 2006, AT&T shall charge a rate for NuVox‟s Embedded Base of DS1 and DS3 Loops and NuVox‟s Excess DS1 and DS3 Loops equal to 115% of the rate paid by NuVox for those elements on June 15, 2004. The Transition Period rate for DS1 and DS3 Loops shall be as set forth in the Pricing Schedule and this Section 2.2.6. 2.2.6.1 No later than March 10, 2006, or as soon as practicable thereafter, NuVox shall submit spreadsheet(s) identifying all of the Embedded Base of DS1 and DS3 Loops and Excess DS1 and DS3 Loops to be either disconnected or converted to other AT&T arrangements, as Conversions or Rearrangements, or transitioned to wholesale facilities obtained from other carriers, or to self-provisioned facilities. If NuVox chooses to convert DS1 and DS3 Loops to special access circuits, AT&T will include such DS1 and DS3 Loops within NuVox‟s total special access circuits, and will apply any discounts to which NuVox is entitled. No later than 30 days from receipt of NuVox‟s spreadsheet, AT&T shall return a spreadsheet to NuVox, including a finalized list of Embedded Base and Excess DS1 and DS3 Loops to be converted or disconnected. The Parties shall negotiate a project schedule for the Conversion of the Embedded Base and Excess DS1 and DS3 Loops. Conversions will be subject to the switch-as-charge set forth in the Pricing Schedule. In the case of disconnection, the applicable disconnect charge set forth in the Agreement shall apply. 2.2.6.2 If NuVox failed to submit the spreadsheet(s) specified in Section 2.2.6.1 above for all of its Embedded Base and Excess DS1 and DS3 Loops on or before March 10, 2006, or as soon as practicable thereafter, AT&T will identify NuVox‟s remaining Embedded Base of DS1 and DS3 Loops and Excess DS1 and DS3 Loops, if any, and will transition such Loops to the equivalent tariffed AT&T service(s). Those facilities identified and transitioned by AT&T pursuant to this Section 2.2.6.2 shall be subject to all applicable disconnect charges as set forth in the Agreement and the full nonrecurring charges for installation of the equivalent tariffed AT&T service, as set forth in AT&T‟s tariffs. 2.2.6.3 For Embedded Base DS1 and DS3 Loops and Excess DS1 and DS3 Loops converted pursuant to Section 2.2.6.1 above or transitioned pursuant to Section

Transition for Certain DS1 and DS3 Loops. 2.2.1 For purposes of this Section 2.2, the Transition Period for the Embedded Base of DS1 and DS3 Loops and for the Excess DS1 and DS3 Loops (defined in Section 2.2.3) is the twelve (12) month period beginning March 11, 2005 and ending March 10, 2006.2006.‌ 2.2.2 For purposes of this Section 2.2, Embedded Base means DS1 and DS3 Loops that were in service for NuVox as of March 11, 2005 in those wire centers that, as of such date, that met the criteria set forth in Sections 2.2.4.1 and 2.2.4.2 below. During the Transition Period, NuVox shall be entitled to order and AT&T shall provision moves, changes and additions of DS1 and DS3 Loops that NuVox orders for the purpose of serving its existing DS1 and DS3 Loop customers as of March 10, 2005, at such customers’ new or existing physical locations, and such facilities shall be included in the Embedded Base. Subsequent disconnects or loss of customers shall be removed from the Embedded Base. 2.2.3 Excess DS1 and DS3 Loops are those NuVox DS1 and DS3 Loops in service as of March 11, 2005, in excess of the caps set forth in Section 2.2.3.1 below. Subsequent disconnects or loss of customers shall be removed from Excess DS1 and DS3 Loops. 2.2.3.1 AT&T shall not provide more than ten (10) unbundled Section 251 DS1 Loops to NuVox at any single Building in which DS1 Loops are available as Section 251 Loops. NuVox may obtain a maximum of a single Section 251 DS3 Loop to any single Building in which DS3 Loops are available as Section 251 Loops. 2.2.4 Notwithstanding anything to the contrary in this Agreement, and except as set forth in Section 2.3 below, AT&T shall make available DS1 and DS3 Loops Page 71 of 327 meeting the following thresholds for NuVox‟s NuVox’s Embedded Base, and Excess DS1 and DS3 loops during the Transition Period: 2.2.4.1 DS1 Loops at any building within the service area of a wire center containing 60,000 or more Business Lines and four (4) or more fiber-based collocators (DS1 Threshold). Except as set forth in Section 1.7 above and Section 2.3 below, once a wire center exceeds both of the thresholds set forth in this Section 2.2.4.1, AT&T will not be required to provide Section 251 DS1 Loops in that wire center. 2.2.4.2 DS3 Loops at any building within the service area of a wire center containing 38,000 or more Business Lines and four (4) or more fiber-based collocators (DS3 Threshold). Except as set forth in Section 1.7 above and Section 2.3 below, once a wire center exceeds both of the thresholds set forth in this Section 2.2.4.2, AT&T will not be required to provide Section 251 DS3 Loops in that wire center. 2.2.5 A list of wire centers meeting the criteria set forth in Sections 2.2.4.1 and 2.2.4.2 above is attached to AT&T‟s Carrier Notification Letter SN91086135above, which is available on AT&T's Interconnection Services Web siteas ordered by the Commission in Docket No. 05-0442 (Initial Wire Center List), and is appended to this Attachment as Exhibit A.may be found at xxxxx://xxxx.xxx.xxx/clec/hb/shell.cfm?section=2410&hb=1504.‌ 2.2.6 Transition Period Pricing. From March 11, 2005 through March 10, 2006, AT&T shall charge a rate for NuVox‟s NuVox’s Embedded Base of DS1 and DS3 Loops and NuVox‟s NuVox’s Excess DS1 and DS3 Loops equal to 115% of the rate paid by NuVox for those elements on June 15, 2004. The Transition Period rate for DS1 and DS3 Loops shall be as set forth in the Pricing Schedule and this Section 2.2.6. 2.2.6.1 No later than March 10, 2006, or as soon as practicable thereafter, NuVox shall submit spreadsheet(s) identifying all of the Embedded Base of DS1 and DS3 Loops and Excess DS1 and DS3 Loops to be either disconnected or converted to other AT&T arrangements, as Conversions or Rearrangements, or transitioned to wholesale facilities obtained from other carriers, or to self-provisioned facilities. If NuVox chooses to convert DS1 and DS3 Loops to special access circuits, AT&T will include such DS1 and DS3 Loops within NuVox‟s NuVox’s total special access circuits, and will apply any discounts to which NuVox is entitled. No later than 30 days from receipt of NuVox‟s NuVox’s spreadsheet, AT&T shall return a spreadsheet to NuVox, including a finalized list of Embedded Base and Excess DS1 and DS3 Loops to be converted or disconnected. The Parties shall negotiate a project schedule for the Conversion of the Embedded Base and Excess DS1 and DS3 Loops. Conversions will be subject to the switch-as-charge set forth in the Pricing Schedule. In the case of disconnection, the applicable disconnect charge set forth in the Agreement shall apply. 2.2.6.2 If NuVox failed to submit the spreadsheet(s) specified in Section 2.2.6.1 above for all of its Embedded Base and Excess DS1 and DS3 Loops on or before March 10, 2006, or as soon as practicable thereafter, AT&T will identify NuVox‟s NuVox’s remaining Embedded Base of DS1 and DS3 Loops and Excess DS1 and DS3 Loops, if any, and will transition such Loops to the equivalent tariffed AT&T service(s). Those facilities identified and transitioned by AT&T pursuant to this Section 2.2.6.2 shall be subject to all applicable disconnect charges as set forth in the Agreement and the full nonrecurring charges for installation of the equivalent tariffed AT&T service, as set forth in AT&T‟s AT&T’s tariffs. 2.2.6.3 For Embedded Base DS1 and DS3 Loops and Excess DS1 and DS3 Loops converted pursuant to Section 2.2.6.1 above or transitioned pursuant to Section