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Bright House Networks Information Services ... - AT&T Clec Online

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Version May 27, 2002<br />

AGREEMENT<br />

GENERAL TERMS AND CONDITIONS<br />

Page 1<br />

THIS AGREEMENT is made by and between BellSouth Telecommunications, Inc.,<br />

d/b/a AT&T Alabama (“AT&T”), a Georgia corporation, and <strong>Bright</strong> <strong>House</strong> <strong>Networks</strong><br />

<strong>Information</strong> <strong>Services</strong> (Alabama), LLC, (“BHN”) a Delaware limited liability company, and shall<br />

be deemed effective thirty days following the date of the last signature of both Parties (”Effective<br />

Date”). This Agreement may refer to either AT&T or BHN or both as a “Party” or “Parties.”<br />

W I T N E S S E T H<br />

WHEREAS, AT&T is an incumbent local exchange telecommunications company<br />

authorized to provide telecommunications services in the states of Alabama, Florida, Georgia,<br />

Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee; and<br />

WHEREAS, BHN is a Competitive Local Exchange Carrier (“CLEC”) authorized to<br />

provide telecommunications services in the states of Alabama and Florida; and may later become<br />

authorized to provide such services in other states in which AT&T is so authorized; and<br />

WHEREAS, BHN wishes to resell AT&T’s telecommunications services and<br />

purchase network elements and other services, and, solely in connection therewith, may wish to<br />

utilize Collocation Space or space available pursuant to Adjacent Arrangement (all as defined in<br />

Attachment 4 of this Agreement), and Other <strong>Services</strong> (as defined in Attachment 2 of this<br />

Agreement); and<br />

WHEREAS, the Parties wish to interconnect their telecommunications network<br />

facilities and exchange traffic pursuant to Sections 251 and 252 of the Act; and<br />

WHEREAS, the Parties understand AT&T's operational support systems (OSS) and<br />

technical capabilities vary from one state to another across AT&T's twenty-two states. This<br />

Agreement attempts to conform a Florida interconnection agreement to comply with AT&T's<br />

OSS and technical capabilities in the State of Alabama. To the extent provisions in the original<br />

agreement have not been modified in this Agreement and are inconsistent with the OSS and<br />

technical capabilities in the State of Alabama, AT&T shall provide such services, to the extent<br />

applicable, in accordance with the terms and conditions set forth in its then current generic<br />

interconnection agreement.<br />

NOW THEREFORE, in consideration of the mutual covenants contained herein, and<br />

other good and valuable consideration, the receipt and sufficiency of which is hereby<br />

acknowledged, AT&T and BHN agree as follows:<br />

Definitions<br />

Affiliate is defined as a person that (directly or indirectly) owns or controls, is<br />

owned or controlled by, or is under common ownership or control with, another<br />

CCCS 5 of 369

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