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 TCG. 3.7.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.1, 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) TCG will not re-negotiate nor consider a change in due date and or due time as a re-negotiation; and (c) TCG will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not bill OCTS charges and 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 TCG or TCG’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, 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 TCG, 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 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 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 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 TCG. In addition, an TCG representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the 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 TCG side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify 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 TCG technician finds no trouble on the TCG side when testing, 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 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 TCG will correct the problem prior 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
Appears in 1 contract
Sources: Telecommunications Agreement
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 TCGIDS.
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, TCG 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) TCG IDS will not re-negotiate nor consider a change in due date and or due time as a re-negotiation; and (c) TCG IDS will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not bill ▇▇▇▇ OCTS charges and TCG 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 TCG or TCG’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, 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 TCG, 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 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 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 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 TCG. In addition, an TCG representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the 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 TCG side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify 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 TCG technician finds no trouble on the TCG side when testing, 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 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 TCG will correct the problem prior 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
Appears in 1 contract
Sources: Clec Agreement
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 TCGBTI.
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, TCG 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) TCG BTI will not re-negotiate nor consider a change in due date and or due time as a re-negotiation; and (c) TCG BTI will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not bill OCTS charges and TCG 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 TCG BTI or TCGBTI’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, TCG 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 ▇▇▇▇▇▇▇▇▇ 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 TCGBTI, 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 TCG 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 TCG 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 TCG 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 TCGBTI. In addition, an TCG BTI representative will answer and will respond within 5 five (5) minutes. Response as used in this section shall mean that the TCG BTI agent is ready to receive and record information provided by BellSouth▇▇▇▇▇▇▇▇▇.
3.7.3.2.3 2.10.3.2.3 In the event BellSouth does not find dial tone on the TCG BTI side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify TCGBTI. TCG 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 TCG BTI technician finds no trouble on the TCG BTI side when testing, TCG 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 TCG 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 TCG BTI will correct the problem prior 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 toto 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. ▇▇▇▇▇▇▇▇▇ 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.
Appears in 1 contract
Sources: Clec Agreement
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 TCG.AT&T.
3.7.3.1.1 Upon receipt of the FOC pursuant to Section 3.7.2.3.1, TCG 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) TCG AT&T will not re-negotiate nor consider a change in due date and or due time as a re-negotiation; and (c) TCG AT&T will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not bill ▇▇▇▇ OCTS charges and TCG 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 TCG AT&T or TCGAT&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, TCG 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 TCGAT&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 TCG 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 TCG 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 TCG 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 TCG. AT&T. In addition, an TCG AT&T representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the TCG 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 TCG AT&T side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify TCG. TCG 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 TCG AT&T technician finds no trouble on the TCG AT&T side when testing, TCG 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 TCG 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 TCG AT&T will correct the problem prior 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 toprior
Appears in 1 contract
Sources: Telecommunications
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 TCG.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, TCG 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) TCG 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) TCG AT&T will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not bill ▇▇▇▇ OCTS charges and TCG 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 TCG AT&T or TCGAT&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, TCG 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 TCGAT&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 TCG 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 TCG 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 TCG 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 TCG. AT&T. In addition, an TCG AT&T representative will answer and will respond within 5 five (5) minutes. Response as used in this section shall mean that the TCG 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 TCG 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 AT&T 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 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 TCG technician finds no trouble on the TCG side when testing, TCG 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 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 TCG will correct the problem prior to the cut date and time. If the problem is determined to be a BellSouth problem and the cut such time has passed, BellSouth will waive non-recurring OC-TS charges pursuant tolimit.
Appears in 1 contract
Sources: Interconnection Agreement
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 TCG.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, TCG 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) TCG 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) TCG AT&T will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not bill ▇▇▇▇ OCTS charges and TCG 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 TCG AT&T or TCGAT&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, TCG 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 TCG, 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 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 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 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 TCG. In addition, an TCG representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the 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 TCG side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify 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 TCG technician finds no trouble on the TCG side when testing, 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 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 TCG will correct the problem prior 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 toof
Appears in 1 contract
Sources: Clec Agreement
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 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, 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) 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) TCG will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not bill ▇▇▇▇ OCTS charges and 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 TCG or TCG’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, 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 TCG, 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 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 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 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 TCG. In addition, an TCG representative will answer and will respond within 5 five (5) minutes. Response as used in this section shall mean that the 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 loop cut-over step within the appropriate time limit provided in Section 2.1.10.3.5.1 above and notify TCG side when testing prior 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 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 TCG technician finds no trouble on the TCG side when testing, TCG 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 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 TCG will correct the problem prior to the cut date and time. If the problem is determined to be a BellSouth problem and the cut such time has passed, BellSouth will waive non-recurring OC-TS charges pursuant tolimit.
Appears in 1 contract
Sources: Interconnection Agreement
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 TCGAT&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, TCG 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) TCG 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) TCG AT&T AND TC SYSTEMS will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not bill ▇▇▇▇ OCTS charges and TCG 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 TCG AT&T AND TC SYSTEMS or TCGAT&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, TCG 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 TCGAT&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 TCG 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 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 occurs2.1.
3.7.3.2.2 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 TCG. In addition, an TCG representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the 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 TCG side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify 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 TCG technician finds no trouble on the TCG side when testing, 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 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 TCG will correct the problem prior 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
Appears in 1 contract
Sources: Interconnection Agreement
Provisioning. 3.7.3.1 Either party The FOC, FOC Receipt Interval and FOC Acceptance Interval process shall apply to Order Requests Order Requests shall be despatched by the Operator to BT in writing in accordance with the Manuals. The Operator may submit Order Requests via fax or electronic means. If an Order Request is submitted by means other than fax or electronic, the date that that valid Order Request is actually received will be deemed to be the Order Request Date. If an Order Request is received before 3pm, the Order Request Date shall be deemed to be the same Working Day; If an Order Request is received between the hours of 3pm and 4pm, BT will use reasonable endeavours to allocate the Order Request Date for the same Working Day. If an Order request so received is not allocated for the same Working day then the Order Request date shall be deemed to be the next Working Day; and If an Order Request is received after 4 p.m. the Order Request Date shall be deemed to be the next Working Day. BT shall acknowledge Order Requests submitted in accordance with paragraph 3.2 and the Manuals, and shall send the Operator a FOC before the end of the FOC Receipt Interval. If a FOC is sent after 4 p.m. the FOC Date shall be deemed to be the next Working Day. Exceptionally, if BT reasonably considers that the fulfilment of an Operator Order Request is not reasonably practicable (including without limitation as being beyond the specification for that product), BT shall so notify the Operator in place of supplying a Firm Offer Commitment, and in the timescales for a Firm Offer Commitment. Such notification shall be in writing, and shall specify the reasons why BT does not consider such fulfilment to be reasonably practicable. If the Parties are unable to agree on the matter within five Working Days the Operator may refer the matter to OFCOM as a Dispute. The Operator shall confirm acceptance or rejection of the FOC before the end of the FOC Acceptance Interval. Except as provided in paragraph 3.6 or unless otherwise agreed in writing by the Parties, on the expiry of the fifth Working Day following the FOC Date, the FOC shall be withdrawn and no longer constitute an offer capable of acceptance. If within thirty days of receipt by the Operator of an original FOC, the Operator submits an Order Request which apart from the Customer Requirement Date is identical to the Order Request, that gave rise to the original FOC, BT shall apply the same charges in its FOC as BT applied in its original FOC. BT shall notify the other Operator of the Installation Date in writing. Any time limits set out in this Annex E shall not apply to the Operator to the extent that periods of delay arise due to circumstances beyond the Operator’s reasonable control (“Operator Stop the Clock”). The Operator shall notify BT as soon as it becomes aware of any jeopardy condition which may arise that would jeopardize BellSouthreasonably practicable when such circumstances arise. In determining whether a circumstance is beyond the Operator’s committed due date reasonable control, all contractors or OCsub-TS, as applicable, of providing service to TCG.
3.7.3.1.1 Upon receipt contractors of the FOC pursuant to Section 3.7.2.3.1Operator of whatever level, TCG and their respective employees, servants and agents, shall notify for the customer purposes of this paragraph 3.6 be treated as employees of the Due Date Operator. The Operator shall be entitled to require BT by written notice to BT, to suspend an Order Request in the event of a specified circumstance beyond the Operator’s reasonable control occurring during the FOC Acceptance Interval. Such suspension shall last until BT receives written notice from the Operator requesting the resumption of the Order Request when the specified circumstance has ended. If where spare capacity then currently exists, such suspension lasts for no more than five Working Days, such Order Request shall be deemed to have been withdrawn by the Operator. In all other cases, unless otherwise agreed in writing by the Parties under paragraph 3.4, if such suspension lasts for more than thirty Working Days, such order Request shall be deemed to have been withdrawn by the Operator. BT shall provide Partial Private Circuits and or Due Time Network Infrastructure in accordance with the Requisite Periods set out in Table 1 below. ISH Links 110 Working Days with Civil Works; 85 Working Days without Civil Works ISH Links - provision of a new ADM on an existing PPC ISH [SDH] Point of Handover 60 Working Days ISH Links - provision of an additional STM-1 interface on an existing STM-1 ISH SMA4 ADM 60 Working Days CSH Link 110 Working Days with Civil Works; 85 Working Days without Civil Works CSH Links - provision of a new ADM on an existing PPC CSH [SDH] Point of Handover 60 Working Days CSH Links - provision of a new Trib Card on an existing ADM 25 Working Days Third Party Links 110 Working Days with Civil Works; 85 Working Days without Civil Works Partial Private Circuits – 64kbits bandwidth 10 Working Days Partial Private Circuits – 128kbits – 256kbits bandwidth delivered over copper 10 Working Days Partial Private Circuits – 128kbits – 256kbits bandwidth delivered over fibre 30 Working Days Partial Private Circuits – 320kbits – 960kbits bandwidth 30 Working Days Partial Private Circuits – 1Mbit/s bandwidth 30 Working Days Partial Private Circuits – 2Mbit/s bandwidth 30 Working Days Subsequent Partial Private Circuits – 2Mbit/s bandwidth 10 Working Days Partial Private Circuits – 34Mbit/s bandwidth up to 155Mbit/s bandwidth (OC-TS orderas detailed in Carrier Price List) 57 Working Days Protected Path Partial Private Circuit Variants 1 and 2 - 2Mbit/s (CSH/ISH). Either party 57 Working Days Subsequent Protected Path Partial Private Circuit Variants 1 and 2 - 2Mbit/s bandwidth (CSH/ISH) 3 Working Days Protected Path Partial Private Circuit Variants 1 and 2 - 34Mbit/s bandwidth up to155Mbit/s bandwidth (as detailed in the Carrier Price List). 57 Working Days Change of use of a PPC mux to become a PPC Facility mux Subject to the Requisite Periods of the relevant product required. Re- Designation Subject to the Requisite Periods of the relevant product required. *Note that reference to "Civil Works" therein refers to where BT needs to carry out Civil Works. BT shall notify be liable to pay compensation payments to the other party immediately if either party becomes unable Operator for any failure to make provide Partial Private Circuits or Network Infrastructure within the Hot Cut at Requisite Periods specified in Table 1 and in accordance with paragraphs 3.9 and 3.10 below. Where a Partial Private Circuit (inclusive of Partial Private Circuit Variant 2) is delayed BT shall be liable to pay the Due Time Operator a fixed individual compensation payment in accordance with the following:
3.9.1 where the Committed Delivery Date is set by BT later than the relevant Requisite Period (as set out in Table 1 above) without the agreement of the Operator, BT shall be liable to pay the Operator a fixed individual compensation payment equal to 100% of the monthly rental for each Private Partial Circuit delayed, per Working Day or part of a Working Day beyond the Committed Delivery Date or the relevant Requisite Period (whichever is later) and / or expiring on the Due Installation Date, up to a maximum of 60 days; and
3.9.2 where the Committed Delivery Date specified. New scheduled due dates and times is set by BT either, later than the relevant Requisite Period (as set out in Table 1 above) but with the agreement of the Operator, or within the Requisite Period, BT shall be within BellSouth’s normal hours liable to pay the Operator a fixed individual compensation payment equal to 100% of operations unless mutually agreed to by both parties.
3.7.3.1.2 Excluding facility shortagesthe monthly rental for each Private Partial Circuit delayed, acts of God per Working Day or unforeseen force shortages, if BellSouth changes the date part of a conversion from Working Day beyond the date returned Committed Delivery Date or the relevant Requisite Period (whichever is later) and expiring on the FOCInstallation Date, 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) TCG will not re-negotiate nor consider a change in due date and or due time as a re-negotiation; and (c) TCG will advise BellSouth to proceed as necessary to complete the cut; and BellSouth will not bill OCTS charges and 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 TCG or TCG’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, 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 TCG, 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 up to a BellSouth facility shortage, the following shall occur: (a) BellSouth will notify 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 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 occursmaximum of 60 days.
3.7.3.2.2 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 TCG. In addition, an TCG representative will answer and will respond within 5 minutes. Response as used in this section shall mean that the 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 TCG side when testing prior to the conversion date and time, and detects no trouble on the BellSouth side, BellSouth shall immediately notify 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 TCG technician finds no trouble on the TCG side when testing, 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 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 TCG will correct the problem prior 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
Appears in 1 contract
Sources: Service Level Agreement