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

Transition for DS1 and DS3 Loops. 2.1.4.1 For purposes of this Section 2, the Transition Period for the Embedded Base of DS1 and DS3 Loops and for the Excess DS1 and DS3 Loops (defined in 2.1.4.3) is the twelve (12) month period beginning March 11, 2005 and ending March 10, 2006. 2.1.4.2 For purposes of this Section 2, Embedded Base means DS1 and DS3 Loops that were in service for DeltaCom as of March 10, 2005 in those wire centers that, as of such date, met the criteria set forth in Sections 2.1.4.6.2 or 2.1.4.6.3 below. Subsequent disconnects or loss of End Users shall be removed from the Embedded Base. 2.1.4.3 Excess DS1 and DS3 Loops are those DeltaCom DS1 and DS3 Loops in service as of March 10, 2005, in excess of the caps set forth in Sections 2.3.6.2 and 2.3.12 below, respectively. Subsequent disconnects or loss of End Users shall be removed from Excess DS1 and DS3 Loops. 2.1.4.4 BellSouth shall not provide more than ten (10) unbundled DS1 Loops to DeltaCom at any single building in which DS1 Loops are available as unbundled loops. DeltaCom may obtain a maximum of a single Unbundled DS3 loop to any single building in which DS3 Loops are available as Unbundled Loops. 2.1.4.5 For purposes of this Section 2, a Business Line is defined in 47 C.F.R. § 51.5. 2.1.4.6 Notwithstanding anything to the contrary in this Agreement, and except as set forth in Section 2.1.4.12 below, BellSouth shall make available DS1 and DS3 Loops as described in this Section 2.1.4 only for DeltaCom’s Embedded Base during the Transition Period: 2.1.4.6.1 For purposes of this Section 2, a fiber-based collocator is defined in 47 C.F.R. § 5.1.5. 2.1.4.6.2 DS1 Loops at any location within the service area of a wire center containing 60,000 or more Business Lines and four (4) or more fiber-based collocators. 2.1.4.6.3 DS3 Loops at any location within the service area of a wire center containing 38,000 or more Business Lines and four (4) or more fiber-based collocators. 2.1.4.7 The Master List of Unimpaired Wire Centers as described in Section 1.9 sets forth the list of wire centers meeting the criteria set forth in Sections 2.1.4.6.2 and 2.1.4.6.3 above as of March 11, 2005.

Transition for DS1 and DS3 Loops. 2.1.4.1 For purposes of this Section 2, the Transition Period for the Embedded Base of DS1 and DS3 Loops and for the Excess DS1 and DS3 Loops (defined in 2.1.4.3) is the twelve (12) month period beginning March 11, 2005 and ending March 10, 2006. 2.1.4.2 For purposes of this Section 2, Embedded Base means DS1 and DS3 Loops that were in service for DeltaCom BTI as of March 10, 2005 in those wire centers that, as of such date, met the criteria set forth in Sections 2.1.4.6.2 2.1.4.5.1 or 2.1.4.6.3 2.1.4.5.2 below. Subsequent disconnects or loss of End Users shall be removed from the Embedded Base. 2.1.4.3 Excess DS1 and DS3 Loops are those DeltaCom BTI DS1 and DS3 Loops in service as of March 10, 2005, in excess of the caps set forth in Sections 2.3.6.2 and 2.3.12 below, respectively. Subsequent disconnects or loss of End Users shall be removed from Excess DS1 and DS3 Loops. 2.1.4.4 BellSouth shall not provide more than ten (10) unbundled DS1 Loops to DeltaCom at any single building in which DS1 Loops are available as unbundled loops. DeltaCom may obtain a maximum of a single Unbundled DS3 loop to any single building in which DS3 Loops are available as Unbundled Loops. 2.1.4.5 For purposes of this Section 2, a Business Line is defined in 47 C.F.R. § 51.5. 2.1.4.6 2.1.4.5 Notwithstanding anything to the contrary in this Agreement, and except as set forth in Section 2.1.4.12 below, BellSouth shall make available DS1 and DS3 Loops as described in this Section 2.1.4 only for DeltaComBTI’s Embedded Base during the Transition Period: 2.1.4.6.1 For purposes of this Section 2, a fiber-based collocator is defined in 47 C.F.R. § 5.1.5. 2.1.4.6.2 2.1.4.5.1 DS1 Loops at any location within the service area of a wire center containing 60,000 or more Business Lines and four (4) or more fiber-based collocators. 2.1.4.6.3 2.1.4.5.2 DS3 Loops at any location within the service area of a wire center containing 38,000 or more Business Lines and four (4) or more fiber-based collocators. 2.1.4.7 The Master List of Unimpaired Wire Centers as described in Section 1.9 sets forth the 2.1.4.6 A list of wire centers meeting the criteria set forth in Sections 2.1.4.6.2 2.1.4.5.1 and 2.1.4.6.3 2.1.4.5.2 above as of March 10, 2005 (Initial Wire Center List), is attached as Exhibit C to this Attachment or as modified by subsequent notification via BellSouth’s web site. 2.1.4.7 Notwithstanding the Effective Date of this Agreement, during the Transition Period, the rates for BTI’s Embedded Base of DS1 and DS3 Loops and BTI’s Excess DS1 and DS3 Loops described in this Section 2.1.4 shall be as set forth in Exhibit B. On or after December 1, 2005, BellSouth shall ▇▇▇▇ to BTI the amount owed for the Embedded Base of DS1 and DS3 Loops and Excess DS1 and DS3 Loops for the period from March 11, 20052005 to the Effective Date, and BTI shall pay such amount according to payment processes set forth in Attachment 7 of this Agreement. 2.1.4.8 The Transition Period shall apply only to (1) BTI’s Embedded Base and (2) BTI’s Excess DS1 and DS3 Loops. BTI shall not add new DS1 or DS3 loops as described in this Section 2.1.4 for those wire centers that are designated as non- impaired. 2.1.4.9 Once a wire center exceeds both of the thresholds set forth in Section 2.1.4.5.1 above, no future DS1 Loop unbundling will be required in that wire center. 2.1.4.10 Once a wire center exceeds both of the thresholds set forth in Section 2.1.4.5.2 above, no future DS3 Loop unbundling will be required in that wire center. 2.1.4.11 No later than December 9, 2005 BTI shall submit spreadsheet(s) identifying all of the Embedded Base of circuits and Excess DS1 and DS3 Loops to be either disconnected or converted to other BellSouth services pursuant to Section 1.6 above. The Parties shall negotiate a project schedule for the Conversion of the Embedded Base and Excess DS1 and DS3 Loops. For circuits for which DeltaCom requests Conversion to tariffed wholesale services, BellSouth will not complete the Conversion until March 11, 2006, or later, and BellSouth will continue to ▇▇▇▇ BTI at the transitional rates set forth in 2.1.4.7 until the circuit is converted to the tariffed wholesale service, which will occur on March 11, 2006, or later. 2.1.4.11.1 If BTI fails to submit the spreadsheet(s) specified in Section 2.1.4.11 above for all of its Embedded Base and Excess DS1 and DS3 Loops on or before February 10, 2006, BellSouth will identify BTI's remaining Embedded Base and Excess DS1 and DS3 Loops, if any, and will transition such circuits to the equivalent tariffed BellSouth service(s). Those circuits identified and transitioned by BellSouth pursuant to this Section 2.1. 4.11.1 shall be subject to all applicable disconnect charges as set forth in this Agreement and the full nonrecurring charges for installation of the equivalent tariffed BellSouth service as set forth in BellSouth's tariffs. 2.1.4.11.2 For Embedded Base circuits and Excess DS1 and DS3 Loops converted pursuant to Section 2.1.4.11 above or transitioned pursuant to Section 2.1.4.11.1 above, the applicable recurring tariff charge shall apply to each circuit as of the date each circuit is converted or transitioned, as applicable.