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Untitled - AT&T Clec Online

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ATACHMENT6: 251(C)(3) UNE/SOUTHWESTERN BELL TELEPHONE, L.P.<br />

SBC TEXAS/CLEC JOINT PETITIONERS<br />

PAGE 11 of 42<br />

082505<br />

SBC TEXAS to enforce the foregoing (including if SBC TEXAS fails to reject or otherwise block orders for,<br />

or provides or continues to provide, unbundled network elements, 251(c)(3) or otherwise, under tariff) shall<br />

not act as a waiver of any part of this Section, and estoppel, laches, or other similar concepts shall not act to<br />

affect any rights or requirements hereunder. At its option, SBC TEXAS may either reject any such order<br />

submitted under tariff, or without the need for any further contact with or consent from CLEC, SBC TEXAS<br />

may process any such order as being submitted under this Appendix 251(c)(3) UNEs and, further, may<br />

convert any element provided under tariff, to this Attachment 251(c)(3) UNEs, effective as of the later in time<br />

of the (i) Effective Date of this Agreement/Amendment, or (ii) the submission of the order by CLEC.<br />

2.15.11 Intentionally Left Blank<br />

2.15.12 Intentionally Left Blank<br />

2.16 Intentionally Left Blank<br />

2.17 Various Subsections below list the 251(c)(3) Unbundled Network Elements that SBC TEXAS has agreed,<br />

subject to the other terms and conditions in this Agreement, to make available to CLEC for the provision by<br />

CLEC of a telecommunications service. SBC TEXAS will make additional 251(c)(3) Unbundled Network<br />

Elements available pursuant to the terms of Section 2.28 of this Attachment.<br />

2.18 Subject to the terms herein, SBC TEXAS is responsible only for the installation, operation and maintenance<br />

of the 251(c)(3) Unbundled Network Elements it provides. SBC TEXAS is not otherwise responsible for the<br />

telecommunications services provided by CLEC through the use of those elements.<br />

2.19 Except upon request, SBC TEXAS will not separate preexisting combinations of network elements.<br />

2.20 Where 251(c)(3) Unbundled Network Elements provided to CLEC are dedicated to a single end user, if such<br />

elements are for any reason disconnected they will be made available to SBC TEXAS for future provisioning<br />

needs, unless such element is disconnected in error. CLEC agrees to relinquish control of any such UNE<br />

concurrent with the disconnection of CLEC’s End User’s Services.<br />

2.20.1 SBC TEXAS and CLEC shall be barred from using disconnect reports, loss notifications, or any other<br />

notification of disconnection provided by SBC TEXAS’ wholesale operations for marketing purposes of any<br />

kind. Instead such notifications are provided for back office purposes only.<br />

2.21 Each Party is solely responsible for the services it provides to its end users and to other<br />

Telecommunications Carriers.<br />

2.22 Except as otherwise set forth in this Attachment, SBC TEXAS will provide CLEC reasonable notification of<br />

service-affecting activities that may occur in normal operation of SBC TEXAS’ business. Such activities<br />

may include, but are not limited to, equipment or facilities additions, removals or rearrangements, routine<br />

preventative maintenance and major network facilities change-out. Generally, such activities are not<br />

individual service specific, but affect many services. No specific advance notification period is applicable to<br />

all such service activities. Reasonable notification procedures will be negotiated by SBC TEXAS and CLEC.<br />

2.23 The use of the term “purchase” herein notwithstanding, 251(c)(3) Unbundled Network Elements provided to<br />

CLEC under the provisions of this Attachment will remain the property of SBC TEXAS.<br />

2.24 The elements provided pursuant to this Agreement will be available to SBC TEXAS at times mutually<br />

agreed upon in order to permit SBC TEXAS to make tests and adjustments appropriate for maintaining the

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