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

Version May 27, 2002
Page 3
certification when it becomes certified to operate in any other state covered by this
Agreement and upon receipt thereof, BHN may thereafter purchase services
pursuant to this Agreement in that state. AT&T will file this Agreement with the
appropriate Commission for approval.
1.3 Should BHN’s certification in any state be rescinded or otherwise terminated,
AT&T may, at its election, terminate this Agreement in accordance with any
applicable Commission rules for termination. As permitted by Commission rules,
AT&T may refuse to provide services hereunder in that state until certification is
reinstated in that state. BHN shall provide an effective certification to do business
issued by the secretary of state or equivalent authority in each state covered by this
Agreement.
2. Term of the Agreement
2.1 The term of this Agreement shall begin on the Effective Date and shall terminate
on September 24, 2008, and shall apply to the AT&T territory in the state of
Alabama. Notwithstanding any prior agreement of the Parties, the rates, terms and
conditions of this Agreement shall not be applied retroactively prior to the
Effective Date.
2.2 The Parties agree that no later than one hundred and eighty (180) days prior to the
expiration of this Agreement, they shall commence negotiations for a new
agreement to be effective beginning on the expiration date of this Agreement
(“Subsequent Agreement”).
2.3 If, within one hundred and thirty-five (135) days of commencing the negotiation
referred to in Section 2.2 above, the Parties are unable to negotiate new terms,
conditions and prices for a Subsequent Agreement, either Party may petition the
Commission to establish appropriate terms, conditions and prices for the
Subsequent Agreement pursuant to 47 U.S.C. 252.
2.4 If, as of the expiration of this Agreement, a Subsequent Agreement has not been
executed by the Parties, and the Parties are not yet in arbitration, this Agreement
shall continue on a month-to-month basis while a Subsequent Agreement is
actively being negotiated in good faith or alternatively, a timely petition has been
filed with the respective Commission and the Subsequent Agreement is subject to
the respective Commission arbitration pursuant to 252 of the Act. Upon
conversion to a month-to-month term, during such negotiations, provided that the
Parties are not in arbitration, then either Party, in its discretion, may terminate this
Agreement upon sixty (60) days written notice to the other Party.
Notwithstanding the foregoing, the Agreement cannot be terminated prior to 180
days after the original expiration date. In the event that AT&T terminates this
Agreement as provided herein, AT&T shall continue to provide services to BHN
pursuant to the terms, conditions and rates set forth in AT&T's standard
interconnection agreement then in effect and made available to CLECs requesting
negotiations pursuant to Section 251 of the Act. If the Parties are actively
CCCS 7 of 369