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ATACHMENT6: 251(C)(3) UNE/SOUTHWESTERN BELL TELEPHONE, L.P.
SBC TEXAS/CLEC JOINT PETITIONERS
PAGE 19 of 42
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placing new manholes, handholes, poles, ducts or conduits; installing new terminals or terminal enclosure
(e.g., controlled environmental vaults, huts, or cabinets); or providing new space or power for requesting
carriers; or removing or reconfiguring packetized transmission facility. SBC TEXAS is not obligated to
perform those activities for a requesting telecommunications carrier.
4.5.2.2 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.
4.5.2.3 This Agreement does not require SBC TEXAS to deploy time division multiplexing-based features, functions
and capabilities with any copper or fiber packetized transmission facility to the extent SBC TEXAS has not
already done so; remove or reconfigure packet switching equipment or equipment used to provision a
packetized transmission path; reconfigure a copper or fiber packetized transmission facility to provide time
division multiplexing-based features, functions and capabilities; nor does this Agreement prohibit SBC
TEXAS from upgrading a customer from a TDM-based service to a packet switched or packet transmission
service, or removing copper loops or subloops from the network, provided SBC TEXAS complies with the
copper loop or copper subloop retirement rules in 47 C.F.R. 51.319(a)(3)(iii).
4.5.2.4 Notwithstanding anything to the contrary herein, SBC TEXAS’ obligations with respect to routine network
modifications apply only where the loop transmission facilities are subject to unbundling and, as to access to
the TDM capabilities of SBC TEXAS’ hybrid loops, only with respect to any existing capabilities of SBC
TEXAS’ hybrid loops. SBC TEXAS has no obligation to perform routine network modifications in connection
with FTTH loops or FTTC loops.
4.5.3 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.
4.6 DS3 Digital Loop
4.6.1 The DS3 loop provides a digital, 45 Mbps transmission facility from the SBC TEXAS Central Office to the
end user premises.
4.6.2 DS3 251(c)(3) UNE loops will be offered and/or provided only where such Loops have not been
Declassified.
4.6.3 The procedures set forth in Section 4.5, below will apply in the event DS3 Digital Loops are or have been
Declassified.
4.6.4 DS3 Loop “Caps”
4.6.4.1 SBC TEXAS is not obligated to provide to CLEC more than one (1) DS3 251(c)(3) UNE loop per
requesting carrier to any single building in which DS3 Loops have not been otherwise Declassified;
accordingly, CLEC may not order or otherwise obtain, and CLEC will cease ordering unbundled DS3 Loops
once CLEC has already obtained one DS3 251(c)(3) UNE loop to the same building. If, notwithstanding
this Section, CLEC submits such an order, at SBC TEXAS’ option it may accept the order, but convert any
requested DS3 251(c)(3) UNE Loop(s) in excess of the cap to Special Access, and applicable Special
Access charges will apply to CLEC for such DS3 Loop(s) as of the date of provisioning.
4.7 Quantity and Location Limitations on Access to DS1 and DS3 Loops obtained under this Agreement