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Attachment 2
Page 4
51.316, 51.318, 51.319. BHN may use Network Elements in accordance with 47
C.F.R. 51.309.
1.7 Except to the extent expressly provided otherwise in this Attachment, BHN may
not maintain any unbundled network elements or combinations of unbundled
network elements that are no longer offered pursuant to this Agreement
(collectively “Arrangements”). In the event AT&T determines that BHN has in
place any Arrangements after the Effective Date of this Agreement, AT&T will
provide BHN with thirty (30) days written notice to disconnect or convert such
Arrangements. If BHN fails to submit orders to disconnect or convert such
Arrangements within such thirty (30) day period, AT&T will transition such
circuits to the equivalent tariffed AT&T service(s). Those circuits identified and
transitioned by AT&T pursuant to this Section 1.7 shall be subject to all
applicable disconnect charges as set forth in this Agreement and the full
nonrecurring charges for installation of the equivalent tariffed AT&T service as set
forth in AT&T’s tariffs. The applicable recurring tariff charge shall apply to each
circuit as of the Effective Date of this Agreement.
1.7 AT&T’s Master List of Unimpaired Wire Centers as Approved by State
Commissions in its Region (Master List of Unimpaired Wire Centers), located on
the AT&T Interconnection Services Web site, designates those wire centers that, in
accordance with state Commission orders, met the FCC’s established criteria for
non-impairment, as of March 11, 2005, where certain high capacity (DS1 and
DS3) Loops and high capacity Dedicated Transport are no longer available as
Network Elements. The Master List of Unimpaired Wire Centers shall be subject
to modification and/or the addition of wire centers without amendment to this
Agreement upon subsequent orders from state Commissions in the respective
generic dockets establishing the wire centers that, as of March 11, 2005, were
unimpaired. Notification of such modification, addition or deletion of wire centers
shall be made via AT&T’s Carrier Notification Process on AT&T’s
Interconnection Web site.
1.8 Prior to submitting an order pursuant to this Agreement for high capacity (DS1 or
above) Dedicated Transport or Dark Fiber or high capacity Loops, BHN shall
undertake a reasonably diligent inquiry to determine whether BHN is entitled to
unbundled access to such Network Elements in accordance with the terms of this
Agreement. By submitting any such order, BHN self-certifies that to the best of
BHN’s knowledge, the high capacity Dedicated Transport or Dark Fiber or high
capacity Loop requested is available as a Network Element pursuant to this
Agreement. Upon receiving such order, AT&T shall process the request in
reliance upon BHN’s self-certification.
1.8.1 To the extent AT&T believes that such request does not comply with the terms of
this Agreement, AT&T shall seek dispute resolution in accordance with this
Section. Notwithstanding anything to the contrary provided in this Agreement,
CCCS 56 of 369