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

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Version May 27, 2002<br />

Page 4<br />

pursuing good faith negotiations for a Subsequent Agreement or a transition plan<br />

from this Agreement, except as expressly provided, neither Party shall refuse to<br />

provide services to the other Party during the negotiation of the Subsequent<br />

Agreement or the transition from this Agreement to the Subsequent Agreement.<br />

2.5 In the event that AT&T’s standard interconnection agreement becomes effective<br />

between the Parties, the Parties may continue to negotiate a Subsequent<br />

Agreement or arbitrate disputed issues to reach a Subsequent Agreement as set<br />

forth in Section 2.3 above, and the terms of such Subsequent Agreement shall be<br />

effective as of the effective date stated in such Subsequent Agreement and shall<br />

not be applied retroactively to the expiration date of this Agreement unless the<br />

Parties agree otherwise.<br />

2.6 To the extent BHN is not exchanging traffic with AT&T, or BHN has not<br />

submitted orders pursuant to this Agreement within one-hundred-eighty (180) days<br />

of the Effective Date, AT&T may at any time terminate this Agreement upon thirty<br />

(30) days written notice to BHN. Additionally, if AT&T learns that BHN has<br />

ceased doing business in all states covered by this Agreement, AT&T may<br />

immediately terminate this Agreement. For purposes of this section only, AT&T<br />

may rely on the following sources to identify whether BHN has ceased doing<br />

business in a state: (1) written notice from BHN stating that BHN has ceased<br />

operations in a state, or (2) any filings, public notices, decisions or orders available<br />

from a Commission, the FCC or a court of competent jurisdiction.<br />

3. Operational Support Systems<br />

BHN shall pay charges for Operational Support Systems (OSS) as set forth in this<br />

Agreement in Attachment 1 and/or in Attachments 2, 3 and 6 as applicable.<br />

4. Parity<br />

The services and service provisioning that AT&T provides BHN for resale will be<br />

at least equal in quality to that provided to AT&T, or any AT&T subsidiary,<br />

affiliate or end user. In connection with resale, AT&T will provide BHN with preordering,<br />

ordering, maintenance and trouble reporting, and daily usage data<br />

functionality that will enable BHN to provide equivalent levels of customer service<br />

to their local exchange customers as AT&T provides to its own end users. AT&T<br />

shall also provide BHN with unbundled network elements, and access to those<br />

elements, that is at least equal in quality to that which AT&T provides AT&T, or<br />

any AT&T subsidiary, affiliate or other CLEC, including preordering, ordering,<br />

provisioning, maintenance and trouble reporting, and daily usage functionality.<br />

Each Party will provide number portability to its customers with minimum<br />

impairment of functionality, quality, reliability and convenience.<br />

5. Court Ordered Requests for Call Detail Records and Other Subscriber<br />

<strong>Information</strong><br />

5.1 Subpoenas Directed to AT&T. Where AT&T provides resold services or local<br />

switching for BHN, AT&T shall respond to subpoenas and court ordered requests<br />

CCCS 8 of 369

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