Modifications and Updates to the Wire Center List and Subsequent Transition Periods. BellSouth may seek to designate additional wire centers as “non-impaired” pursuant to the criteria set forth in 47 C.F.R. 51.319 based upon either (1) an increase in the business line count or (2) an increase in the number of fiber based collocators (“FBCs”) for such wire centers. For non-impairment designations based upon the business line count, BellSouth shall, no later than June 30 of each year, file with the Commission the proposed list of such additional “non-impaired” wire centers. For non-impairment designations based upon an increase in the number of FBCs, BellSouth has the option of filing with the Commission, at any time during the year, the proposed list of such additional “non-impaired” wire centers. The list of additional “non-impaired” wire centers as designated by BellSouth shall reflect the number of business lines, as of December 31 of the previous year based upon its ARMIS 43 08 data filed with the FCC and/or shall reflect the current number of FBCs in each wire center, as applicable, and to the extent BellSouth relies upon such information to make its designation. In no event shall BellSouth make more than two such non-impairment designation filings per state in a given calendar year for non-impairment designations.
Appears in 1 contract
Sources: Interconnection Agreement
Modifications and Updates to the Wire Center List and Subsequent Transition Periods. 5.9.2.12.1 BellSouth may seek to designate additional wire centers as “non-impaired” pursuant to the criteria set forth in 47 C.F.R. 51.319 based upon either (1) an increase in the business line count or (2) an increase in the number of fiber based collocators (“FBCs”) for such wire centers. For non-impairment designations based upon the business line count, BellSouth shall, no later than June 30 of each year, file with the Commission the proposed list of such additional “non-impaired” wire centers. For non-impairment designations based upon an increase in the number of FBCs, BellSouth has the option of filing with the Commission, at any time during the year, the proposed list of such additional “non-impaired” wire centers. The list of additional “non-impaired” wire centers as designated by BellSouth shall reflect the number of business lines, as of December 31 of the previous year based upon its ARMIS 43 08 data filed with the FCC and/or shall reflect the current number of FBCs in each wire center, as applicable, and to the extent BellSouth relies upon such information to make its designation. In no event shall BellSouth make more than two such non-impairment designation filings per state in a given calendar year for non-impairment designations.
5.2.6.12.2 To the extent BellSouth identifies additional wire centers as non-impaired, based upon an increase in the number of FBCs, BellSouth shall identify the FBCs upon which it has relied, and shall obtain from each collocator, prior to filing, a written affirmation that it qualifies as a FBC. CLEC shall, within 20 days of a request by BellSouth, affirm or deny that it constitutes a fiber-based collocator, as defined in 47 C.F.R. 51.5. In the event that CLEC is listed as a FBC and denies such status, CLEC shall provide BellSouth with all information and documentation reasonably necessary to support such position at the same time that CLEC makes such assertion.
5.2.6.12.3 In any such filing designating additional wire centers as “non-impaired,” BellSouth shall, to the extent applicable, file the following documentation demonstrating that each additional wire center meets the relevant TRRO criteria. BellSouth agrees to make such documentation available to US LEC under the terms of a Commission protective order. Provided, however, to the extent a Commission requires different information to be provided in support of BellSouth’s designation of an additional wire center as non-impaired, the Parties will work cooperatively to utilize such new Commission requirements, and amend this Agreement accordingly, if necessary.
a. The CLLI of the wire center.
b. The number of switched business lines served by BellSouth in that wire center based upon data as reported in ARMIS 43-08 for the previous year.
c. The number of UNE-P or equivalent lines used to serve business customers (UNE-P lines serving residential customers shall not be counted as business lines in BellSouth’s analysis).
d. The number of DS0 (non-high capacity) UNE-L lines in service.
e. The number of DS1 UNE-L lines in service (DS0 equivalent line count).
f. The number of DS1 UNE EELs (DS0 equivalent line count).
g. The number of DS3 UNE-L lines in service (DS0 equivalent line count).
h. The number of DS3 EELs (DS0 equivalent line count).
i. A completed worksheet that shows, in detail, any conversion of digital access lines to voice grade equivalents and any resulting adjustments.
j. The names of any carriers relied upon as a FBC, and the wire center in which each was relied upon.
5.2.6.12.4 US LEC shall have thirty (30) days from the date of BellSouth’s non-impairment designation filing to file a challenge with the Commission to any such additional non-impaired wire center designated by BellSouth. Any such challenge must be specific, supported by evidence or verified statement refuting the data supplied by BellSouth and sufficient for the Commission to render a final determination.
5.2.6.12.5 Changes to the wire center designations shall become effective sixty (60) days following such filing by BellSouth with the Commission or the date such designations are approved by the Commission, whichever is earlier. The additional Non-impaired Wire Centers shall be considered “Subsequent Wire Centers.” As of such effective date, BellSouth shall not be required to provide, and US LEC shall not add, new Dark Fiber Transport circuits in Subsequent Wire Centers.
5.2.6.12.6 For purposes of this section, Subsequent Embedded Base shall mean those Dark Fiber Transport circuits that were in service for US LEC or for which US LEC had orders pending in a Subsequent Wire Center on the effective date of the non-impairment designation. Disconnects or loss of End Users shall be removed from the Subsequent Embedded base.
5.2.6.12.7 Within thirty (30) days of the non-impairment designation effective date as set forth in Section 5.9.2.9, CLEC shall identify its Subsequent Embedded Base via a spreadsheet, as set forth on BellSouth’s Interconnection Web site and attached hereto as Exhibit D. Such spreadsheet shall identify the Subsequent Embedded Base to be disconnected or converted to other BellSouth services. CLEC shall have thirty (30) days from submission of such spreadsheet to make modifications or corrections to the spreadsheet. BellSouth will begin Conversion of such circuits no earlier than the sixtieth (60TH) day following the non-impairment designation effective date. Such Conversions shall be pursuant to Section 1.6. Recurring tariff rates, terms and conditions shall apply upon Conversion of the circuits to wholesale services. CLEC shall pay the UNE rate set forth in this Agreement until such time as BellSouth Converts the circuit.
5.8.6.12.8 In the event US LEC fails to submit the spreadsheet(s) described above as requested by BellSouth, BellSouth will identify US LEC's remaining Subsequent Embedded Base, if any, and may begin transition of such circuits immediately to the equivalent wholesale tariffed BellSouth service(s). Those circuits identified and transitioned by BellSouth shall be subject to the 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 upon such transition. The applicable recurring tariff rates, terms and conditions shall apply as of the date such circuit is transitioned.
5.8.6.12.9 In the event that (1) BellSouth designates a wire center as non-impaired, either initially or as a Subsequent Wire Center, (2) as a result of such designation, US LEC Converts existing Network Elements or Combinations to other services or orders new services as services other than Network Elements or Combinations, (3) US LEC otherwise would have been entitled to Network Elements or Combinations in such wire center at the time such alternative services were provisioned, and (4) BellSouth acknowledges, or a state or federal regulatory body with authority determines, that, at the time BellSouth designated such wire center as non-impaired, such wire center did not meet the FCC’s non-impairment criteria, then upon request of US LEC, no later than sixty (60) days after BellSouth acknowledges or the State or Federal Regulatory body issues an Order making such a finding, BellSouth shall transition to Network Elements or Combinations any alternative services in such wire center that were established after such wire center was designated as non-impaired. In such instances, BellSouth shall credit US LEC the difference between the rate paid by US LEC for such services and the applicable Network Element or Combinations rate, including but not limited to any charges associated with the resulting conversion from Network Element or Combinations to other wholesale services or group of wholesale services for the period prior to such circuit being transitioned to a Network Element or Combination. Such credit shall be calculated from June 1, 2005, for a Non-impaired Wire Center meeting the criteria set forth in this Section. For a Subsequent Wire Center, the credit shall be calculated from the date of the Conversion of the Network Element or Combination to the other services or if a new service was ordered instead of a Network Element or Combination, the date such new service was provisioned by BellSouth. There shall be no additional charge for such transition to Network Elements or Combination services. US LEC shall only be responsible for such charges as would have applied if said Wire Center had not been designated as non- impaired.
Appears in 1 contract
Sources: Interconnection Agreement