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

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Attachment 2<br />

Page 25<br />

3.4.4.2.5 5) Each circuit to be provided to each End User will be served by an<br />

interconnection trunk over which BHN will transmit the calling party’s number in<br />

connection with calls exchanged over the trunk;<br />

3.4.4.2.6 6) For each twenty-four (24) DS1 EELs or other facilities having equivalent<br />

capacity, BHN will have at least one (1) active DS1 local service interconnection<br />

trunk over which BHN will transmit the calling party’s number in connection with<br />

calls exchanged over the trunk; and<br />

3.4.4.2.7 7) Each circuit to be provided to each End User will be served by a switch capable<br />

of switching local voice traffic.<br />

3.4.4.3 AT&T may, on an annual basis, audit BHN’s records in order to verify<br />

compliance with the qualifying service eligibility criteria. The audit shall be<br />

conducted by a third party independent auditor, and the audit must be performed in<br />

accordance with the standards established by the American Institute for Certified<br />

Public Accountants (AICPA). To the extent the independent auditor’s report<br />

concludes that BHN failed to comply with the service eligibility criteria, BHN<br />

must true-up any difference in payments, convert all noncompliant circuits to the<br />

appropriate service, and make the correct payments on a going-forward basis. In<br />

the event the auditor’s report concludes that BHN did not comply in any material<br />

respect with the service eligibility criteria, BHN shall reimburse AT&T for the<br />

cost of the independent auditor. To the extent the auditor’s report concludes that<br />

BHN did comply in all material respects with the service eligibility criteria, AT&T<br />

will reimburse BHN for its reasonable and demonstrable costs associated with the<br />

audit. BHN will maintain appropriate documentation to support its certifications.<br />

3.4.4.4 In the event BHN converts special access services to UNEs, BHN shall be subject<br />

to the termination liability provisions in the applicable special access tariffs, if<br />

any.<br />

4.0 Dedicated Transport and Dark Fiber Transport<br />

4.1 Dedicated Transport. AT&T will provide non-discriminatory access to unbundled<br />

interoffice transport between all wire centers identified in 47 C.F.R. 51.319.<br />

Dedicated Transport is defined as AT&T’s transmission facilities between wire<br />

centers or switches owned by AT&T or between wire centers or switches owned<br />

by AT&T and switches owned by BHN. Including but not limited to DS1, DS3<br />

and OCn level services, as well as dark fiber, dedicated to BHN. AT&T shall not<br />

be required to provide access to OCn level Dedicated Transport under any<br />

circumstances pursuant to this Agreement. In addition, except as set forth in<br />

Section 4.2 below, AT&T shall not be required to provide to BHN unbundled<br />

access to Dedicated Transport that does not connect a pair of wire centers or<br />

switches owned by AT&T (“Entrance Facilities”). Nothing in this Attachment 2<br />

CCCS 77 of 369

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