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ATACHMENT6: 251(C)(3) UNE/SOUTHWESTERN BELL TELEPHONE, L.P.
SBC TEXAS/CLEC JOINT PETITIONERS
PAGE 18 of 42
082505
applicable Special Access charges will apply to CLEC for such DS1 UNE Loop(s) as of the date of
provisioning.
4.3.7 Nothing in the loop definitions provided above is intended to limit CLEC from using UNE DSL loops to
transmit signals in the ranges as specified in Attachment 25: DSL, which forms a part of this Agreement.
SBC TEXAS agrees to provide CLEC with access to UNEs for providing advanced services in accordance
with the terms of Attachment DSL, UNE Line Splitting, and the general terms and conditions applicable to
UNEs (Sections 2.0 - 2.24.11, supra).
4.3.8 CLEC may request and, to the extent technically feasible, SBC TEXAS will provide additional loop types and
conditioning pursuant to the BFR process. The availability of a loop type through the BFR process does not
limit the availability to CLEC of equivalent functionality that are available to CLEC and priced under this
Agreement.
4.3.9 When CLEC owns or manages its own switch and requests an unbundled 251(c)(3) Unbundled loop to be
terminated on CLEC’s switch and the requested loop is currently serviced by SBC TEXAS’ Integrated Digital
Loop Carrier (IDLC) or Remote Switching technology acting in a pair gain application. SBC TEXAS will,
where available, move the requested unbundled 251(c)(3) loop to a spare, existing physical or a universal
digital loop carrier unbundled 251(c)(3) loop at no additional charge to CLEC. If, however, no spare
unbundled 251(c)(3) Unbundled loop is available, SBC TEXAS will within forty-eight (48) hours, excluding
weekends and holidays, of CLEC’s request notify CLEC of the lack of available facilities. CLEC may
request alternative arrangements through the BFR process.
4.4 In addition to any liability provisions in this agreement, SBC TEXAS does not guarantee or make any
warranty with respect to 251(c)(3) Unbundled loops when used in an explosive atmosphere. CLEC will
indemnify, defend and hold SBC TEXAS harmless from any and all claims by any person relating to CLEC’s
or CLEC end user's use of 251(c)(3) Unbundled loops in an explosive atmosphere, excluding claims of
gross negligence or willful or intentional conduct by SBC TEXAS.
4.5 Routine Network Modifications for UNE Local Loops
4.5.1 SBC TEXAS shall make routine network modifications to UNE Local Loops facilities used by CLEC where
the requested UNE Local Loops loop facility has already been constructed. SBC TEXAS shall perform
routine network modifications to 251(c)(3) Unbundled loop facilities in a nondiscriminatory fashion, without
regard to whether the UNE Local Loops loop facility being accessed was constructed on behalf, or in
accordance with the specifications, of any carrier.
4.5.2 A routine network modification is an activity that SBC TEXAS regularly undertakes for its own retail
customers without additional charges or minimum term commitments. Routine network modifications
include those activities that SBC TEXAS undertakes to provide service to its own retail customers using
loops of the same type and capacity requested by the requesting telecommunications carriers under the
same conditions and in the same manner that SBC TEXAS does for its own retail customers, subject to the
limitations of 4.3.3, below. Routine network modifications may entail activities such as accessing manholes,
deploying bucket trucks to reach aerial cable, and installing equipment casings, splicing of cable, adding a
doubler, adding an equipment case, adding a smart jack, installing a repeater shelf, adding a line card, and
deploying a new multiplexer or reconfiguring an existing multiplexer.
4.5.2.1 Routine network modifications do not include constructing new loops; installing new aerial or buried cable;
splicing cable at any location other than an existing splice point or at any location where a splice enclosure
is not already present; securing permits, rights-of-way, or building access arrangements; constructing and/or