Common use of Spectrum Management Clause in Contracts

Spectrum Management. 8.1 AT&T ILLINOIS agrees that CLEC’S order for xDSL-capable Loops will not be delayed by any lack of availability of a specific binder group or “spectrum exhaust.” If AT&T ILLINOIS initiates a reconfiguration of loops into a different binder group, it shall do so in a competitively neutral manner consistent with all relevant industry standards and at no cost to CLEC. 8.2 AT&T ILLINOIS agrees that as a part of spectrum management, it will maintain an inventory of the existing services provisioned on the cable. AT&T ILLINOIS will use commercially reasonable efforts to assign loops so as to minimize interference between and among advanced services, including xDSL-based services, and other services. AT&T ILLINOIS will not use Selective Feeder Separation (SFS). AT&T ILLINOIS has opened binder groups to all xDSL services and all xDSL providers, and will not deny any loops on the basis of binder group management designations or business rules, or limit the deployment of xDSL services to certain pair ranges (with the exception of binder groups containing AMI T1 services). AT&T ILLINOIS may not segregate xDSL technologies into designated binder groups without specific Commission or FCC review and approval, or approved industry standard. AT&T ILLINOIS shall not deny CLEC a loop based upon spectrum management issues in the absence of review and approval from the Commission(s). In all cases, AT&T ILLINOIS will manage the spectrum in a competitively neutral manner consistent with all relevant industry standards regardless of whether the service is provided by CLEC or by AT&T ILLINOIS as well as competitively neutral as between different xDSL services. Where disputes arise, AT&T ILLINOIS and CLEC will put forth a good faith effort to resolve such disputes in a timely manner. As a part of spectrum management, AT&T ILLINOIS will maintain an inventory with respect to the number of loops using advanced services technology within a binder group and the type of technology deployed on those loops, using the PSD mask information provided by CLEC to AT&T ILLINOIS. Upon request from CLEC, AT&T ILLINOIS will disclose within 3-5 business days spectrum management information with respect to the number of loops using advanced services technology within the binder group and the type of technology deployed on those loops so that the involved Parties may examine the deployment of services within the affected loop plant. If there is any dispute between the Parties with respect to this Section, AT&T ILLINOIS will not deny the loop(s), but will continue to provision the loop(s) until the dispute is resolved in accordance with the dispute resolution procedures set forth in this Agreement. 8.3 In the event that a loop technology without industry standards for spectrum management is deployed, AT&T ILLINOIS, CLEC and the specific state commission shall jointly establish long-term competitively neutral spectral compatibility standards and spectrum management rules and practices so that all carriers know the rules for loop technology deployment. The standards, rules and practices shall be developed to maximize the deployment of new technologies within binder groups while minimizing interference, and shall be forward-looking and able to evolve over time to encourage innovation and deployment of advanced services based on the FCC, T1E1.4, and ITU spectral management rules and guidelines. These standards are to be used until such time as industry standards exist. When CLEC offers xDSL-based service consistent with mutually agreed-upon standards developed by the industry in conjunction with the specific state commission, or by the specific state commission in the absence of industry agreement, it may order local loops based on agreed-to performance characteristics. AT&T ILLINOIS will assign the local loop consistent with the agreed-to spectrum management standards. 8.3.1 In the event that a relevant Commission, the FCC or the industry establishes long-term standards and practices and policies relating to spectrum compatibility and spectrum management that differ from those established in this Appendix, AT&T ILLINOIS and CLEC shall comply with the FCC and/or industry standards, practices and policies and will establish a mutually agreeable transition plan and timeframe for achieving and implementing such industry standards, practices and policies and shall negotiate any conforming modifications which may be needed to this Appendix. 8.3.2 Within thirty (30) days after general availability of equipment conforming to applicable industry standards or the mutually agreed upon standards developed

Spectrum Management. 8.1 10.1 CLEC will advise AT&T ILLINOIS agrees of the Power Spectral Density (“PSD”) mask approved or proposed by T1.E1 that reflects the service performance parameters of the technology to be used. CLEC’S order , at its option and without further disclosure to AT&T, may provide any service compliant with that PSD mask so long as it stays within the allowed service performance parameters. At the time of ordering an xDSL loop or subloop, CLEC will notify AT&T as to the type of PSD mask CLEC intends to use on the ordering form and, if and when a change in PSD mask is made, CLEC will notify AT&T as set forth in Section 4.3 above. CLEC will abide by standards pertinent for xDSL-capable Loops will not be delayed by any lack of availability of a specific binder group or “spectrum exhaust.” If AT&T ILLINOIS initiates a reconfiguration of loops into a different binder group, it shall do so in a competitively neutral manner consistent with all relevant industry standards and at no cost to CLECthe designated PSD mask type. 8.2 10.2 AT&T ILLINOIS agrees that as a part of shall not implement, impose or maintain any spectrum management, it will maintain an inventory of the existing services provisioned on the cable. AT&T ILLINOIS will use commercially reasonable efforts to assign loops so as to minimize interference between and among advanced servicesselective feeder separation, including xDSL-based services, and other services. AT&T ILLINOIS will not use Selective Feeder Separation (SFS). AT&T ILLINOIS has opened binder groups to all xDSL services and all xDSL providers, and will not deny any loops on the basis of or binder group management designations program. AT&T may not segregate or business rulesreserve loop binder groups, pair ranges or limit pair complements exclusively for the deployment provisioning of xDSL ADSL and/or POTS services to certain pair ranges (with the exception exclusion of binder groups containing AMI T1 services)other xDSL technologies. AT&T ILLINOIS may not segregate xDSL technologies into designated loop binder groups groups, pair ranges or pair complements without specific prior Commission or FCC review and approval, or approved industry standard. AT&T ILLINOIS shall will not deny CLEC a impose restrictions, on use of loop based upon spectrum management issues pairs for non-ADSL xDSL services, either through designations in the absence of review LFACS and approval from the Commission(s). In all cases, AT&T ILLINOIS will manage the spectrum in a competitively neutral manner consistent with all relevant industry standards regardless of whether the service is provided by CLEC LEAD databases or by AT&T ILLINOIS as well as competitively neutral as between different xDSL services. Where disputes arise, AT&T ILLINOIS and CLEC will put forth a good faith effort to resolve such disputes the rules in a timely manner. As a part of spectrum management, AT&T ILLINOIS will maintain an inventory with respect to the number of loops using advanced services technology within a binder group and the type of technology deployed on those loops, using the PSD mask information provided by CLEC to AT&T ILLINOIS. Upon request from CLEC, AT&T ILLINOIS will disclose within 3-5 business days spectrum management information with respect to the number of loops using advanced services technology within the binder group and the type of technology deployed on those loops so that the involved Parties may examine the LFACS limiting deployment of non-ADSL xDSL services within the affected to certain loop plantpair ranges. If there is any dispute between the Parties with respect to this Section, AT&T ILLINOIS will not deny the loop(s), but will continue to provision the loop(s) until the dispute is resolved in accordance with the dispute resolution procedures set forth in this Agreementrequests for loops or subloops based on spectrum management issues. 8.3 10.3 In the event that a loop technology without national industry standards for spectrum management is deployed, AT&T ILLINOISAT&T, CLEC CLECs and the specific state commission Commission shall jointly establish long-term competitively neutral spectral compatibility standards and spectrum management rules and practices so that all carriers know the rules for loop technology deployment. The standards, rules and practices shall be developed to maximize the deployment of new technologies within binder groups while minimizing interference, and shall be forward-forward- looking and able to evolve over time to encourage innovation and deployment of advanced services based on the FCC, T1E1.4, and ITU spectral management rules and guidelinesservices. These standards are to be used until such time as national industry standards exist. When CLEC offers CLECs that offer xDSL-based service consistent with mutually agreed-upon standards developed by the industry in conjunction with the specific state commissionCommission, or by the specific state commission Commission in the absence of industry agreement, it may order local loops or subloops based on agreed-to performance characteristics. AT&T ILLINOIS will assign the local loop or subloop consistent with the agreed-to spectrum management standards. 8.3.1 10.4 In the event that a relevant Commission, the FCC or the industry establishes long-term standards and practices and policies relating to spectrum compatibility and spectrum management that differ from those established in this AppendixAgreement, AT&T ILLINOIS and CLEC shall agree to comply with the FCC and/or industry standards, practices and policies and will establish a mutually agreeable transition plan and timeframe for achieving and implementing such industry standards, practices and policies and shall negotiate any conforming modifications which may be needed to this Appendixpolicies. 8.3.2 10.5 In such case, AT&T will manage the spectrum in a competitively neutral manner consistent with all relevant industry standards regardless of whether the service is provided by a CLEC or by AT&T, as well as competitively neutral as between different xDSL services. Where disputes arise, AT&T and ▇▇▇▇ will put forth a good faith effort to resolve such disputes in a timely manner. As a part of the dispute resolution process, AT&T will, upon request from a CLEC, disclose within 3-5 business days information with respect to the number of loops using advanced services technology within the binder group and the type of technology deployed on those loops so that the involved parties may examine the deployment of services within the affected loop plant, if any. 10.6 Within thirty (30) days after general availability of equipment conforming to applicable industry standards or the mutually agreed upon standards developeddeveloped by the industry in conjunction with the Commission or FCC, if AT&T and/or CLEC is providing xDSL technologies deployed under Section 4.0 above, or other advanced services for which there is no standard, then AT&T and/or CLEC must begin the process of bringing its deployed xDSL technologies and equipment into compliance with such standards at its own expense.

Spectrum Management. 8.1 AT&T ILLINOIS agrees that CLEC’S order for xDSL-capable Loops will not be delayed by any lack of availability of a specific binder group or “spectrum exhaust.” If AT&T ILLINOIS initiates a reconfiguration of loops into a different binder group, it shall do so in a competitively neutral manner consistent with all relevant industry standards and at no cost to CLEC. 8.2 AT&T ILLINOIS agrees that as a part of spectrum management, it will maintain an inventory of the existing services provisioned on the cable. AT&T ILLINOIS will use commercially reasonable efforts to assign loops so as to minimize interference between and among advanced services, including xDSL-based services, and other services. AT&T ILLINOIS will not use Selective Feeder Separation (SFS). AT&T ILLINOIS has opened binder groups to all xDSL services and all xDSL providers, and will not deny any loops on the basis of binder group management designations or business rules, or limit the deployment of xDSL services to certain pair ranges (with the exception of binder groups containing AMI T1 services). AT&T ILLINOIS may not segregate xDSL technologies into designated binder groups without specific Commission or FCC review and approval, or approved industry standard. AT&T ILLINOIS shall not deny CLEC a loop based upon spectrum management issues in the absence of review and approval from the Commission(s). In all cases, AT&T ILLINOIS will manage the spectrum in a competitively neutral manner consistent with all relevant industry standards regardless of whether the service is provided by CLEC or by AT&T ILLINOIS as well as competitively neutral as between different xDSL services. Where disputes arise, AT&T ILLINOIS and CLEC will put forth a good faith effort to resolve such disputes in a timely manner. As a part of spectrum management, AT&T ILLINOIS will maintain an inventory with respect to the number of loops using advanced services technology within a binder group and the type of technology deployed on those loops, using the PSD mask information provided by CLEC to AT&T ILLINOIS. Upon request from CLEC, AT&T ILLINOIS will disclose within 3-5 business days spectrum management information with respect to the number of loops using advanced services technology within the binder group and the type of technology deployed on those loops so that the involved Parties may examine the deployment of services within the affected loop plant. If there is any dispute between the Parties with respect to this Section, AT&T ILLINOIS will not deny the loop(s), but will continue to provision the loop(s) until the dispute is resolved in accordance with the dispute resolution procedures set forth in this Agreement. 8.3 In the event that a loop technology without industry standards for spectrum management is deployed, AT&T ILLINOIS, CLEC and the specific state commission shall jointly establish long-term competitively neutral spectral compatibility standards and spectrum management rules and practices so that all carriers know the rules for loop technology deployment. The standards, rules and practices shall be developed to maximize the deployment of new technologies within binder groups while minimizing interference, and shall be forward-looking and able to evolve over time to encourage innovation and deployment of advanced services based on the FCC, T1E1.4, and ITU spectral management rules and guidelines. These standards are to be used until such time as industry standards exist. When CLEC offers xDSL-based service consistent with mutually agreed-upon standards developed by the industry in conjunction with the specific state commission, or by the specific state commission in the absence of industry agreement, it may order local loops based on agreed-to performance characteristics. AT&T ILLINOIS will assign the local loop consistent with the agreed-to spectrum management standards. 8.3.1 In the event that a relevant Commission, the FCC or the industry establishes long-term standards and practices and policies relating to spectrum compatibility and spectrum management that differ from those established in this Appendix, AT&T ILLINOIS and CLEC shall comply with the FCC and/or industry standards, practices and policies and will establish a mutually agreeable transition plan and timeframe for achieving and implementing such industry standards, practices and policies and shall negotiate any conforming modifications which may be needed to this Appendix. 8.3.2 Within thirty (30) days after general availability of equipment conforming to applicable industry standards or the mutually agreed upon standards developeddeveloped by the industry in conjunction with the applicable Commission(s) or FCC, then AT&T ILLINOIS and/or CLEC, must begin the process of bringing its deployed xDSL technologies and equipment into compliance with such standards at its own expense.