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

SBC TEXAS/CLEC JOINT PETITIONERS<br />

PAGE 31 of 42<br />

082505<br />

hours in Maintenance Service Charges for each SVS performed. SBC TEXAS shall complete all required<br />

work and make subloop access available within 90 calendar days from the day CLEC requests such access.<br />

4.16.10 Permanent prices. After SBC Texas has completed a total of at least five (5) SVS applications in<br />

Texas, whether for a CLEC party to this Agreement or for CLEC’s party to similar agreements, either Party<br />

may initiate a new proceeding before the TPUC to set permanent rates on pricing and installation time.<br />

Should either party initiate such a proceeding, all charges associated with any SVS requests submitted by<br />

CLEC to SBC TEXAS beyond the fifth SVS applications completed by SBC TEXAS under this Agreement or<br />

similar agreements, will be retroactively trued-up to the final prices determined in such proceeding (i.e.,<br />

starting with any SVS charges paid by CLEC to SBC TEXAS beyond the SVS request completed by SBC<br />

TEXAS (subject to any appeals and associated review).<br />

4.17 Coordinated Cut<br />

4.17.1 For each Loop order awaiting completion in SBC TEXAS’ ordering systems, CLEC will contact SBC TEXAS<br />

and the Parties will agree on a cutover time at least two (2) business days before the due date. The cutover<br />

time will be defined as a half (1/2) hour, within which both CLEC and SBC TEXAS personnel will make<br />

telephone contact to begin the cutover activity. Cutover activity that is requested to take place outside of<br />

normal business hours (8 a.m. to 5 p.m. Monday through Friday) will be billed as time and material<br />

described in SBC TEXAS’ Network and Exchange Services Tariff. When CLEC orders CHC service, SBC<br />

Texas shall charge and CLEC agrees to pay for CHC service at the “additional labor” or “Time and Material”<br />

rates set forth in the applicable Tariffs or Appendix Pricing, Schedule of Prices.<br />

4.17.2 Within the appointed half-hour cutover time, CLEC will call SBC TEXAS’ Local Operations Center ("LOC"),<br />

and when the LOC is reached in that interval, such work will begin. If CLEC fails to call or is not ready within<br />

the appointed interval, and if CLEC had not called to reschedule the work at least two (2) business hours<br />

prior to the start of the interval, CLEC and SBC TEXAS will reschedule the work order on a mutually<br />

negotiated basis when a supplemental LSR has been submitted to include the new date then based on the<br />

FOC and due date guidelines order will be negotiated again for CHC.<br />

4.17.3 If either CLEC or SBC TEXAS can not comply with the schedule, that party will timely notify the other. If<br />

CLEC’s notice is not at least 2 business hours prior to the start of the scheduled interval of the coordinated<br />

cut, the CLEC will pay SBC TEXAS the applicable Non-Recurring Charge (NRC). In addition, non-recurring<br />

charges for the rescheduled appointment will apply. If SBC TEXAS’ notice is not at least 2 business hours<br />

prior to the start of the scheduled interval of the coordinated cut, SBC TEXAS will waive any applicable<br />

NRC. If SBC TEXAS’ LOC is not available or ready when CLEC calls during the half (1/2) hour interval,<br />

SBC TEXAS will not bill the change order charge for the due date change for the Loop or Loops scheduled<br />

for that interval and will reschedule the installation time on a mutually negotiated basis.<br />

5.0 DS1 and DS3 Dedicated Transport<br />

5.1 Subject to Section 2 of this Attachment 251(c)(3) UNE, SBC TEXAS shall provide 251(c)(3) Unbundled<br />

DS1/DS3 Dedicated Transport under the following terms and conditions in this subsection:<br />

5.2 “Dedicated Transport” is defined as SBC TEXAS interoffice transmission facilities between wire centers or<br />

switches owned by SBC TEXAS, or between wire centers or switches owned by SBC TEXAS and switches<br />

owned by requesting telecommunications carriers, dedicated to a particular customer or carrier. SBC<br />

TEXAS is not obligated to provide CLEC with 251(c)(3) Unbundled access to Dedicated Transport that does<br />

not connect a pair of SBC TEXAS’ wire centers.

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