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Untitled - AT&T Clec Online

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GENERAL TERMS AND CONDITIONS /SOUTHWESTERN BELL TELEPHONE, L.P.<br />

SBC TEXAS/CLEC JOINT PETITIONERS<br />

PAGE 42 OF 52<br />

082505<br />

32.7 Information obtained or received by either Party in connection with Sections 32.1 through 32.6 will<br />

be subject to the confidentiality provisions of Section 6 of this Agreement.<br />

33. COMPLETE TERMS<br />

33.1 This Agreement constitutes the entire agreement between the parties concerning the subject<br />

matter hereof and supersedes any prior agreements, representations, statements, negotiations,<br />

understandings, proposals or undertakings, oral or written, with respect to the subject matter<br />

expressly set forth herein.<br />

33.2 Neither Party will be bound by an amendment, modification or additional term unless it is reduced<br />

to writing signed by an authorized representative of the Party sought to be bound. Unless<br />

otherwise agreed by the Parties, the rates, terms and conditions contained in the amendment shall<br />

become effective upon approval of such amendment by the Commission.<br />

34. COOPERATION ON PREVENTING END USER FRAUD<br />

34.1 The Parties agree to cooperate with one another to investigate, minimize, and take corrective<br />

action in cases of fraud. The Parties' fraud minimization procedures are to be cost-effective and<br />

implemented so as not to unduly burden or harm one Party as compared to the other.<br />

34.2 In cases of suspected fraudulent activity by an end user, at a minimum, the cooperation referenced<br />

in this Section 34 will include providing to the other Party, upon request, information concerning<br />

end users who terminate services to that Party without paying all outstanding charges. The Party<br />

seeking such information is responsible for securing the end user's permission to obtain such<br />

information.<br />

34.3 SBC TEXAS will make available to CLEC all present and future fraud prevention or revenue<br />

protection features, including prevention, detection, or control functionality to the same extent that<br />

SBC TEXAS provides such protection to itself. These features include, but are not limited to,<br />

screening codes and call blocking of international (011+), 900 and 976 numbers. These features<br />

may include: (i) disallowance of call forwarding to international locations (011+), (ii) coin originating<br />

ANI II digits, (iii) dial tone re-origination patches, (iv) terminating blocking of Toll Free Service (800)<br />

if SBC TEXAS is the provider of the Toll Fee Service and (v) 900/976 blocking.<br />

34.3.1 SBC TEXAS will provide to CLEC the same procedures to detect and correct the<br />

accidental or malicious alteration of software underlying Network Elements or their<br />

subtending operational support systems by unauthorized third parties in the same manner<br />

it does so for itself.<br />

34.3.2 SBC TEXAS will make a reasonable effort to protect and correct against unauthorized<br />

physical attachment, e.g. clip-on fraud, to loop facilities from the Main Distribution Frame<br />

up to and including the Network Interface Device.<br />

34.3.3 The Parties shall work cooperatively to minimize fraud associated with third-number billed<br />

calls, calling card calls, and any other services related to this Agreement.<br />

34.3.4 In the event of fraud associated with an CLEC End User’s account, including 1+<br />

IntraLATA toll, ported numbers and Alternatively Billed Service (ABS), the Parties agree<br />

that SBC TEXAS shall not be liable to CLEC for any fraud associated with CLEC’s end<br />

user’s account including 1+ IntraLATA toll, ported numbers and Alternately Billed Service

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