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ATACHMENT6: 251(C)(3) UNE/SOUTHWESTERN BELL TELEPHONE, L.P.
SBC TEXAS/CLEC JOINT PETITIONERS
PAGE 41 of 42
082505
12.11.2 A routine network modification is an activity that SBC TEXAS regularly undertakes for its own customers.
Routine network modifications do not include the installation of fiber for a requesting Telecommunications
Carrier, nor do routine network modifications include the provision of electronics for the purpose of lighting
dark fiber (i.e., optronics), and SBC TEXAS is not obligated to perform those activities for a requesting
Telecommunications Carrier.
12.12 Routine Network Modifications
12.12.1 Routine network modifications do not include constructing new 251(c)(3) UNE Dedicated Transport Dark
Fiber; installing new cable; securing permits or rights-of-way; constructing and/or placing new manholes or
conduits; or installing new terminals. SBC Texas is not obligated to perform those activities for a requesting
telecommunications carrier.
12.12.2 SBC TEXAS shall determine whether and how to perform routine network modifications using the same
network or outside plant engineering principles that would be applied in providing service to SBC TEXAS’
retail customers.
12.12.3 Notwithstanding anything to the contrary herein, SBC TEXAS’ obligations with respect to routine network
modifications apply only where the dark fiber transport transmission facilities are subject to unbundling.
12.12.4 The decision as to whether SBC Texas may charge for routine network modifications and if so, what rates,
terms and conditions for such pricing would apply, should be addressed at a later date in a separate docket
number.
12.13 Pursuant to the Commission's Arbitration Award in Docket No. 28821, upon the effective date of a
Commission Order the EPN arbitration award in Docket No. 25188 (“EPN Award”) establishing terms and
conditions relating to "Access Information" for Unbundled Dedicated Transport (“Access Information), either
Party may provide written notice (“Notice”) to the other Party that it wishes to incorporate the Access
Information results from the EPN Award into this Agreement. Following such Notice by either Party, the
Parties shall negotiate an amendment to this Agreement to incorporate the EPN Award Access Information
terms and conditions into this Agreement which shall be deemed effective between the Parties as of the
date the amendment is approved or is deemed to have been approved by the state commission), and shall
apply, upon the amendment effective date, on a prospective basis only. The Parties further acknowledge
and agree that the results from the EPN Award are subject to any legal or equitable rights of review and
remedies (including agency reconsideration and court review). In the event that any reconsideration, agency
order, appeal, court order, opinion, stay, injunction or other action by any state or federal regulatory or
legislative body or court of competent jurisdiction stays, modifies or otherwise affects such EPN Award or
the "Access Information” terms and conditions, either Party may, by providing written notice to the other
Party, require that such provisions be deleted, modified and/or renegotiated, as applicable, in good faith and
that the Agreement be amended accordingly. If such modifications to the Agreement are not executed within
sixty (60) calendar days after the date of such notice, either Party may pursue any rights available to it at
law or under the Agreement.
12.13.1 In the event that any other telecommunications carrier should adopt this Agreement pursuant to Section
252(i) of the Act (“Adopting CLEC”), the Adopting CLEC would only be entitled to the EPN Award “Access
Information” provisions on a prospective basis following the date the Adopting CLEC’s MFN Agreement
becomes effective between SBC Texas and the Adopting CLEC (i.e., following the date the Commission
approves or is deemed to have approved the Adopting CLEC's Section 252(i) adoption (i.e., the MFN
Agreement Effective Date).