Untitled - AT&T Clec Online

Attachment 25: Appendix Line Sharing/SOUTHWESTERN BELL TELEPHONE, L.P.
SBC TEXAS/CLEC JOINT PETITIONERS
PAGE 5 OF 11
082505
4.7.4 Indemnitee agrees that Indemnifying Party will have no indemnity obligation under 3.6.2 above, and
Indemnitee will reimburse Indemnifying Party’s defense costs, in any case in which Indemnifying Party’s
technology is determined not to be the cause of any of Indemnitee’s liability and in any case in which the
Indemnifying Party’s provision of splitter functionality under this Appendix is determined not to be the cause
of any of Indemnitee’s liability.
4.7.5 Claims Not Covered: No Party hereunder agrees to indemnify or defend any other Party against claims
based on the other Party’s gross negligence or intentional misconduct.
4.7.6 Dispute Resolution: Dispute Resolution for this Appendix shall be governed by the provisions contained in
the underlying General Terms and Conditions of the interconnection agreement.
5.0 UNBUNDLED HFPL OFFERINGS
5.1 When SBC TEXAS is the provider of the retail POTS analog voice service on the same loop to the same
end-user, HFPL access will be offered on loops that meet the 2-wire xDSL loop requirements as defined in
CLEC’s Attachment 25: DSL. The CLEC will provide SBC TEXAS with the type of technology it seeks to
deploy, at the time of ordering, including the PSD of the technology CLEC will deploy. If the technology
does not have a PSD mask, CLEC shall provide SBC TEXAS with a technical description of the technology
(including power mask) for inventory purposes. SBC TEXAS shall use PSD mask information solely for
inventory purposes and compliance with applicable Federal and/or State requirements.
#5.2 In order to access the HFPL, CLEC has the option of collocating a DSLAM in SBC TEXAS’ Remote
Terminal ("RT") at the fiber/copper interface point, to obtain access to the HFPL of a copper distribution
portion of an xDSL Loop, that is comprised entirely of copper wire or copper cable that acts as a
transmission facility between any distribution point of technically feasible access in SBC TEXAS’ outside
plant and the demarcation point at an End-User premise, as more specifically addressed in the subloop
provisions set forth elsewhere in this Agreement and pursuant to collocation provisions applicable to this
Agreement. A technically feasible point of access is a point in the distribution portion of an xDSL Loop
where an SBC TEXAS technician can access the copper wire within the cable without removing a splice
case. The Parties will negotiate rates for this subloop upon the request of either Party and any disputes
between the Parties as to such rate(s) shall be handled in accordance with the Dispute Resolution
Procedures set forth elsewhere in the Agreement.
5.3 xDSL technologies may only reside in the higher frequency ranges, preserving a “buffer zone” to ensure the
integrity of voice band traffic.
5.4 When SBC TEXAS traditional retail POTS services are disconnected and CLEC is providing xDSL-based
services over the HFPL to the same End-User, SBC TEXAS will notify CLEC that the POTS service is being
disconnected. CLEC will determine whether the service will be converted from a Line Sharing Circuit, or
HFPL, to a full stand alone xDSL loop or disconnected. SBC TEXAS will not take any action until 3 business
days after providing the notice to CLEC. All appropriate recurring and nonrecurring charges for the
rearrangement and/or disconnect shall apply pursuant to the Pricing Schedule.
5.5 SBC TEXAS shall be under no obligation to provide multi-carrier or multi-service line sharing arrangements.
5.6 HFPL is not available in conjunction with a combination of network elements known as the platform or UNE-
P (including loop and switch port combinations) or unbundled local switching or any arrangement where