Common use of Loop Conditioning Clause in Contracts

Loop Conditioning. 4.1 AT&T MICHIGAN will condition xDSL loops and xDSL subloops in accordance with the lawful and effective requirements of 47 C.F.R. §51.319(a)(1)(iii); provided, however: (i) If load coils, repeaters or Excessive Bridged Tap are present on a loop less than 12,000 feet in actual loop length, conditioning to remove these elements will be performed without request and at no charge to Climax; (ii) if the loop qualification indicates conditioning is available on a loop that is 12,000 feet in actual loop length or greater, Climax may request that no conditioning be performed or that AT&T MICHIGAN perform some or all of the available loop conditioning to remove Excessive Bridged Tap, load coils and/or repeaters at the rates set forth in Appendix Pricing. 4.2 Removal of All or Non-Excessive Bridged Tap (“RABT”) 4.2.1 Climax may request RABT conditioning via a trouble ticket after its service order for the xDSL Loop or xDSL Subloop has been completed; provided, however, Climax shall assist in trouble isolation for RABT-related initial trouble tickets by obtaining and providing to AT&T MICHIGAN interferer information on the loop at the time of opening the trouble ticket. Climax should utilize its testing equipment to determine the following: the number and location of load coil(s), repeater(s) and bridged tap(s), including the length of individual sections. If an RABT trouble ticket is opened, and it is later determined by AT&T MICHIGAN that the requested conditioning is not available because no such bridged tap was on the loop, the trouble ticket will be closed as a ‘No Trouble Found’ (NTF) and Climax shall pay the Maintenance of Service charges referenced in Section 7.2 below. 4.2.2 Climax may open an RABT trouble ticket via one of the following two methods: (i) by calling the LOC and opening a manual ticket with its specific RABT conditioning request; or (ii) by opening an electronic bonding ticket and in such case, shall identify its specific RABT conditioning request in the remarks field. If the specific RABT conditioning request is not documented on the Climax trouble ticket, the trouble ticket will be returned to Climax for specific information. Upon Climax’s request, the LOC will also investigate and address any AT&T MICHIGAN non-conditioning related reasons for any No Sync situation, or ensure Climax’s RABT request is appropriate by verifying the subject bridged tap is located on the loop, but AT&T MICHIGAN does not guarantee the synchronization of any loop. AT&T MICHIGAN In either case, when Excessive Bridged Tap is present on the loop, Climax may request the removal of All Bridged Tap; and when Excessive Bridged Tap is not present on the loop, the removal of Non-Excessive Bridged Tap. If and when All Bridged Tap has been removed, any future trouble tickets concerning bridged tap will require a vendor meet with the AT&T MICHIGAN LOC. AT&T MICHIGAN LOC will notify Climax as soon as the trouble is closed, whether conditioning has been performed or not. In those instances where AT&T MICHIGAN removes All or Non-Excessive Bridged Tap upon receipt of an RABT trouble ticket from Climax under the provisions set forth herein, Climax shall pay the applicable RABT conditioning charges set forth in Appendix Pricing for such conditioning work. 4.2.3 A trouble ticket opened by Climax for RABT conditioning will be assigned a zero plus five (0+ 5) business day interval or in parity with the repair intervals AT&T MICHIGAN provides to its advanced services affiliate. When AT&T MICHIGAN determines it is not possible to perform RABT e.g., in those situations in which (i) municipalities will not grant rights of way to certain areas; or (ii) there are other issues associated with access to the subject facilities; or (iii) events, actions or circumstances exist or arise that are outside the sole control of AT&T MICHIGAN, AT&T MICHIGAN has no obligation to perform such conditioning. 4.2.4 To the extent that Climax would like the option to request that a loop be conditioned by AT&T MICHIGAN to remove any device other than Excessive Bridged Taps, load coils and/or repeaters, or Non-excessive or All Bridged Tap, to make a loop xDSL capable, the Parties shall first meet to negotiate rates, terms and conditions for any such conditioning. In the event the loop over which the end-user is being provided xDSL based service should require conditioning during non-working hours, the due date may be adjusted consistent with the end-user’s release of the voice grade circuit and the Maintenance of Service charges referenced in Section 7.2 below shall apply for the time devoted by AT&T MICHIGAN to perform the requested conditioning during non-working hours, in addition to the loop conditioning rates set forth in Appendix Pricing for the actual loop conditioning work performed. 4.3 Maintenance, Repair and Testing AT&T MICHIGAN shall provide Maintenance Repair and Testing in accordance with the lawful and effective requirements of 47 C.F.R. §51.319(a)(1)(iv).

Loop Conditioning. 4.1 AT&T MICHIGAN SBC-12STATE will condition xDSL loops and xDSL subloops in accordance with the lawful and effective requirements of 47 C.F.R. §51.319(a)(1)(iii); provided, however: (i) If load coils, repeaters or Excessive Bridged Tap are present on a loop less than 12,000 feet in actual loop lengthActual Loop Length, conditioning to remove these elements will be performed without request and at no charge to ClimaxCLEC; (ii) if the loop qualification indicates conditioning is available on a loop that is 12,000 feet in actual loop length Actual Loop Length or greater, Climax CLEC may request that no conditioning be performed or that AT&T MICHIGAN SBC- 12STATE perform some or all of the available loop conditioning to remove Excessive Bridged Tap, load coils and/or repeaters at the rates set forth in Appendix Pricing. 4.2 Removal of All or Non-Excessive Bridged Tap (“RABT”)): 4.2.1 Climax CLEC may request RABT conditioning via a trouble ticket after its service order for the xDSL Loop or xDSL Subloop has been completed; provided, however, Climax CLEC shall assist in trouble isolation for RABT-related initial trouble tickets by obtaining and providing to AT&T MICHIGAN SBC- 12STATE interferer information on the loop at the time of opening the trouble ticket. Climax CLEC should utilize its testing equipment to determine the following: the number and location of load coil(s), repeater(s) and bridged tap(s), including the length of individual sections. If an RABT trouble ticket is opened, and it is later determined by AT&T MICHIGAN SBC-12STATE that the requested conditioning is not available because no such bridged tap was on the loop, the trouble ticket will be closed in SBC-2STATE and SBC SOUTHWEST REGION 5-STATE as a ‘No Trouble Found’ (NTF) and Climax in SBC MIDWEST REGION 5-STATE as ‘Customer Provided Equipment,’ and CLEC shall pay the Maintenance of Service charges Charges referenced in Section 7.2 below. 4.2.2 Climax CLEC may open an RABT trouble ticket via one of the following two methods: (i) by calling the LOC and opening a manual ticket with its specific RABT conditioning request; or (ii) by opening an electronic bonding ticket and in such case, shall identify its specific RABT conditioning request in the remarks field. If the specific RABT conditioning request is not documented on the Climax CLEC trouble ticket, the trouble ticket will be returned to Climax CLEC for specific information. Upon Climax; provided, however, upon CLEC’s request, the LOC will also investigate and address any AT&T MICHIGAN SBC-12STATE non-conditioning related reasons for any No Sync situation, or ensure ClimaxCLEC’s RABT request is appropriate by verifying the subject bridged tap is located on the loop, but AT&T MICHIGAN SBC-12STATE does not guarantee the synchronization of any loop. AT&T MICHIGAN The submission by CLEC of a trouble ticket for RABT shall constitute CLEC’s authorization for SBC-12STATE to condition the loop as requested. CLEC shall then be billed and shall pay the applicable RABT conditioning charges set forth in Appendix Pricing. In either case, when Excessive Bridged Tap is present on the loop, Climax CLEC may request the removal of All Bridged Tap; and when Excessive Bridged Tap is not present on the loop, the removal of Non-Excessive Bridged Tap. If and when All Bridged Tap has been removed, any future trouble tickets concerning bridged tap will require a vendor meet with the AT&T MICHIGAN SBC-12STATE LOC. AT&T MICHIGAN SBC-12STATE LOC will notify Climax CLEC as soon as the trouble is closed, whether conditioning has been performed or not. In those instances where AT&T MICHIGAN removes All or Non-Excessive Bridged Tap upon receipt of an RABT trouble ticket from Climax under the provisions set forth herein, Climax shall pay the applicable RABT conditioning charges set forth in Appendix Pricing for such conditioning work. 4.2.3 A trouble ticket opened by Climax CLEC for RABT conditioning will be assigned a zero plus five (0+ 5) business day interval or in parity with the repair intervals AT&T MICHIGAN SBC-12STATE provides to its advanced services affiliate. When AT&T MICHIGAN SBC-12STATE determines it is not possible to perform RABT e.g., in those situations in which (i) municipalities will not grant rights of way to certain areas; or (ii) there are other issues associated with access to the subject facilities; or (iii) events, actions or circumstances exist or arise that are outside the sole control of AT&T MICHIGANSBC-12STATE, AT&T MICHIGAN SBC-12STATE has no obligation to perform such conditioning. 4.2.4 To the extent that Climax CLEC would like the option to request that a loop be conditioned by AT&T MICHIGAN SBC-12STATE to remove any device other than Excessive Bridged Taps, load coils and/or repeaters, or Non-excessive or All Bridged Tap, to make a loop xDSL capable, the Parties shall first meet to negotiate rates, terms and conditions for any such conditioning. In the event the loop over which the end-user is being provided xDSL based service should require conditioning during non-working hours, the due date may be adjusted consistent with the end-user’s release of the voice grade circuit and the Maintenance of Service charges referenced in Section 7.2 below shall apply for the time devoted by AT&T MICHIGAN to perform the requested conditioning during non-working hours, in addition to the loop conditioning rates set forth in Appendix Pricing for the actual loop conditioning work performed. 4.3 Maintenance, Repair and Testing AT&T MICHIGAN shall provide Maintenance Repair and Testing in accordance with the lawful and effective requirements of 47 C.F.R. §51.319(a)(1)(iv).

Loop Conditioning. 4.1 AT&T MICHIGAN will condition xDSL loops and xDSL subloops in accordance with the lawful and effective requirements of 47 C.F.R. §51.319(a)(1)(iii); provided, however: (i) If load coils, repeaters or Excessive Bridged Tap are present on a loop less than 12,000 feet in actual loop length, conditioning to remove these elements will be performed without request and at no charge to Climax; (ii) if the loop qualification indicates conditioning is available on a loop that is 12,000 feet in actual loop length or greater, Climax may request that no conditioning be performed or that AT&T MICHIGAN perform some or all of the available loop conditioning to remove Excessive Bridged Tap, load coils and/or repeaters at the rates set forth in Appendix Pricing. 4.2 Removal of All or Non-Excessive Bridged Tap (“RABT”) 4.2.1 Climax may request RABT conditioning via a trouble ticket after its service order for the xDSL Loop or xDSL Subloop has been completed; provided, however, Climax shall assist in trouble isolation for RABT-related initial trouble tickets by obtaining and providing to AT&T MICHIGAN interferer information on the loop at the time of opening the trouble ticket. Climax should utilize its testing equipment to determine the following: the number and location of load coil(s), repeater(s) and bridged tap(s), including the length of individual sections. If an RABT trouble ticket is opened, and it is later determined by AT&T MICHIGAN that the requested conditioning is not available because no such bridged tap was on the loop, the trouble ticket will be closed as a ‘No Trouble Found’ (NTF) and Climax shall pay the Maintenance of Service charges referenced in Section 7.2 below. 4.2.2 Climax may open an RABT trouble ticket via one of the following two methods: (i) by calling the LOC and opening a manual ticket with its specific RABT conditioning request; or (ii) by opening an electronic bonding ticket and in such case, shall identify its specific RABT conditioning request in the remarks field. If the specific RABT conditioning request is not documented on the Climax trouble ticket, the trouble ticket will be returned to Climax for specific information. Upon Climax▇▇▇▇▇▇’s request, the LOC will also investigate and address any AT&T MICHIGAN non-conditioning related reasons for any No Sync situation, or ensure Climax’s RABT request is appropriate by verifying the subject bridged tap is located on the loop, but AT&T MICHIGAN does not guarantee the synchronization of any loop. AT&T MICHIGAN In either case, when Excessive Bridged Tap is present on the loop, Climax may request the removal of All Bridged Tap; and when Excessive Bridged Tap is not present on the loop, the removal of Non-Excessive Bridged Tap. If and when All Bridged Tap has been removed, any future trouble tickets concerning bridged tap will require a vendor meet with the AT&T MICHIGAN LOC. AT&T MICHIGAN LOC will notify Climax as soon as the trouble is closed, whether conditioning has been performed or not. In those instances where AT&T MICHIGAN removes All or Non-Excessive Bridged Tap upon receipt of an RABT trouble ticket from Climax under the provisions set forth herein, Climax shall pay the applicable RABT conditioning charges set forth in Appendix Pricing for such conditioning work. 4.2.3 A trouble ticket opened by Climax for RABT conditioning will be assigned a zero plus five (0+ 5) business day interval or in parity with the repair intervals AT&T MICHIGAN provides to its advanced services affiliate. When AT&T MICHIGAN determines it is not possible to perform RABT e.g., in those situations in which (i) municipalities will not grant rights of way to certain areas; or (ii) there are other issues associated with access to the subject facilities; or (iii) events, actions or circumstances exist or arise that are outside the sole control of AT&T MICHIGAN, AT&T MICHIGAN has no obligation to perform such conditioning. 4.2.4 To the extent that Climax would like the option to request that a loop be conditioned by AT&T MICHIGAN to remove any device other than Excessive Bridged Taps, load coils and/or repeaters, or Non-excessive or All Bridged Tap, to make a loop xDSL capable, the Parties shall first meet to negotiate rates, terms and conditions for any such conditioning. In the event the loop over which the end-user is being provided xDSL based service should require conditioning during non-working hours, the due date may be adjusted consistent with the end-user’s release of the voice grade circuit and the Maintenance of Service charges referenced in Section 7.2 below shall apply for the time devoted by AT&T MICHIGAN to perform the requested conditioning during non-working hours, in addition to the loop conditioning rates set forth in Appendix Pricing for the actual loop conditioning work performed. 4.3 Maintenance, Repair and Testing AT&T MICHIGAN shall provide Maintenance Repair and Testing in accordance with the lawful and effective requirements of 47 C.F.R. §51.319(a)(1)(iv).