CG-STUG-001 Issue 1.28-August 4, 2006

In layman's terms, an agency agreement allows the agent to act on the end-user's behalf to order, change, or discontinue service, or obtain account information for that end-user. The end-user remains BellSouth Telecommunications' customer of record and is financially responsible for all actions of the agent done in the name of the end-user. The agency agreement is a written legal document that must be signed by the end-user and provided to BellSouth when the agent orders, changes, or discontinues service in the name of the end-user.

If a CLEC comes to BellSouth with an agency agreement for an end-user, it will be directed to the VMC (vendor marketing center) in the particular state. The CLEC acting as an agent will be treated in the same manner as any other agent. The services ordered, changed, or disconnected will be done with the end-user as the customer of record. The end-user will continue to be managed by its regular BellSouth Account Team/Local Contract Manager. Interconnection Services will not handle orders from a CLEC acting as an agent for an end-user unless the end-user's account is already handled by Interconnection Services. The CLEC acting as an agent is not reselling BellSouth services or purchasing Unbundled Network Elements (UNEs).

General Information

CLEC bills from BellSouth are due when rendered and are considered past due if payment of account is not received by the bill day in the month after the original bill day. If any portion of the payment is received after the due date or if any portion of the payment is received in funds not immediately available to BellSouth Telecommunications, then a late payment charge will be due to BellSouth ¹ .

Policy For Billed Local Services

Payment Due Date

The CLEC is responsible for full payment of all BST services billed monthly prior to the next billing date. A late payment charge on any unpaid balance will be applied according to each states tariff (Tariff reference-GSST A2.4.3). A charge according to the terms of each state's tariff (Tariff reference-GSST A2.4.3) will apply whenever the institution on which it is written does not accept a check or draft for payment.

Refusal For Additional Service

If payment of account is not received by the bill day in the month after the original bill day, BellSouth may provide written notice to the CLEC, that additional applications for service will be refused and that any pending orders for service will not be completed if payment is not received by the fifteenth day following the date of the notice. In addition BellSouth may, at the same time, give thirty days notice to the person designated by the CLEC to receive notices of noncompliance, and discontinue the provision of existing services to the CLEC at any time thereafter

General

A billing dispute results when a CLEC submits a claim that supports its belief that an error condition exists on a bill. The CLEC is required to submit the billing dispute in writing to the appropriate service center to begin this process. Should a CLEC's end-user submit a dispute to BellSouth, the CLEC's end-user will be referred to the serving CLEC.

Local Services

Reason For Billing Dispute Adjustments

There may be several reasons for disputing a claim. Typical claims include:

• Service connected in error (e.g, features were not ordered, but the CLEC was billed)
• Service not installed (e.g., blocks omitted from order from the CLEC's LSR)
• Service billed at incorrect rate (e.g., discount not applied to the CLEC's bill)

Resolution Of Dispute

Generally, the disputes are resolved within 60 days from receipt of the claim and the CLEC is notified of the resolution.

Dispute Resolution Follow-Through

If it is determined that an adjustment to the CLEC's bill needs to be made, typically the adjustment will appear on the following bill period after resolution. When an adjustment is made three days or less before the close of the billing period, the credit/debit may not appear on the next CLEC bill. However, the credit/debit should appear no later than the second bill period after the adjustment.

Late Payment Charge (LPC)

Regardless of the outcome of the dispute claim, a CLEC is responsible for full payment of all services billed monthly prior to the next billing date. A late payment charge according to the terms of each state's General Subscriber Service tariff1 will be applied to the CLEC's bill when the previous month's bill has not been paid in full prior to the next billing date. If an adjustment is made, any late payment charge billed on the disputed amount will also be adjusted. If an adjustment is not made, the CLEC will be liable for all late payment charges.

Non-Contracted Services

Month-to-month services
A Reseller without financial obligation may assume Service previously furnished to the end-user by BellSouth. A final bill will be rendered to the end-user. Appropriate service charges for changes to customer records will apply.

Contracted Tariff Services

Variable Term Plan, Contracted Term Special Assemblies, Tiered Plans, Contract Service Arrangements (CSAs), and Volume and Term Arrangements:

• A Reseller according to State Regulatory rulings may assume Service previously furnished to the end-user by BellSouth.
• BellSouth will render a final bill to the end-user.
• The end-user is liable for any unpaid balances.
• All future bills for service from the date of conversion will be rendered to the Reseller.
• Regulations in the retail tariff concerning transfer of service will apply.
• Transfer of service charges will not be subject to the resale discount.
• Termination liabilities will not apply if the Reseller agrees to assume all terms and conditions of the end-user's contract and signs an Assumption Agreement.

Example 1 Assumptions and Policy

Example	Assumptions	Policy
1	BellSouth End-user A has an existing contracted service with BellSouth (i.e., Variable Term Plan, Tiered Plan, Contract Service Arrangement, Contracted Term Special Assembly). BellSouth End-user A wants to transfer service to Reseller X at the same location(s). Reseller X has an existing contract for resale with BellSouth and is certified to provide local service by the appropriate state regulatory body. Reseller X is willing to assume BellSouth End-user A's contract under the same terms and conditions agreed to by BellSouth End-user A. Reseller X agrees to sign an Assumption Agreement.	BellSouth renders a final bill to End-user A. Reseller X is assigned BellSouth End-user's A contract under the same terms and conditions contracted for by End-user A. A transfer of service charge applies to End-user A as stated in the appropriate retail service tariff (General Subscriber Service or Private Line). Reseller X assumes the contract for its remaining term and is now the Customer of Record. There is no termination liability applied at time of assignment, but Reseller X assumes termination liability along with all other terms and conditions. End-user A is now Reseller X's customer. End-user A is liable for any unpaid balances. Collection procedures, if necessary, will be initiated against End-user A. The monthly rate paid (i.e., resale rate) by Reseller X will vary by state by type of contract. For example, the resale discount will apply in all cases to services contracted from the retail services tariffs but may not apply to Contract Service Arrangements depending on the state.
Note: If another Reseller (Y) agrees to assume a contract that has already been assigned to Reseller X, the same procedures stated above apply to Reseller (Y). The contract is reassigned to Reseller Y for its remaining term.

Example 2 Assumptions and Policy

Example	Assumptions	Policy
2	BellSouth End-user A has an existing contracted service with BellSouth (i.e., Variable Term Plan, Tiered Plan, Contract Service Arrangement, Contracted Term Special Assembly). End-user A wants to transfer service to Reseller X at the same location(s). Reseller X is not willing to assume End-user A's contract under the same terms and conditions agreed to by End-user A.	BellSouth renders a final bill to End-user A. Reseller X signs a new contract for the same service, chooses a month to month option or purchases new service. Transfer of service charges does not apply. Termination liability charges are applied on End-user A's final bill. End-user A is liable for any unpaid balances. Collection procedures, if necessary, will be initiated against End-user A.

FCC Promotion Regulations as stated in the Section A2 of the General Subscriber Services Tariff (GSST)

The Company may offer special promotions of new or existing services or products for limited periods after 7 days notice to the Commission. Subject to the availability of products, services and facilities, promotions will be available on a completely non-discriminatory basis to all subscribers meeting the eligibility criteria for each promotion within the classification of service and area for which the promotion is available. Each subscriber so meeting eligibility criteria will have an equal opportunity for participation.

Promotion Notification

Promotion Tariff Notifications are posted on the Interconnection Web site - http://cpr.bst.bellsouth.com/index3.htm
( Tariff Notifications)- 45 days prior to the start date of the promotion. A detailed description of the promotion can be found in Section A2 of the state specific General Subscriber Services Tariff (GSST) or by requesting a copy of the promotion filing from the appropriate Public Service Commission (PSC). A BellSouth Interconnection Services CLEC Promotion Information Package can be obtained by contacting your account team representative.

Promotion Eligibility

Pursuant to Exhibit B of Attachment 1 of the Interconnection Agreement, Special Promotions are subject to the following guidelines:

• Promotions that are 90 days or less are available for resale in all nine states.
• Promotions that are 90 days or less are available for resale with the wholesale discount in all nine states if the promotional benefit extends beyond 90 days.
• Promotions for longer than 90 days are available for resale in all nine states with the wholesale discount as described in the table below*.

• the stated tariff rate, less the wholesale discount
• the promotional rate (the promotional rate offered by BellSouth will not be discounted further by the wholesale discount rate).

Promotions are available for resale to eligible CLEC end users that participate in the promotion during the promotional offer period. CLEC end users that activate service after the promotional offer period are not eligible for promotion discounts/rewards.

Promotion Extensions

Extensions of promotions are allowed per the 1996 Telecommunications Act. All extensions (that move the promotion beyond 90 days) are subject to resale with discount accrued from the beginning of the original promotion which require manual tracking and bill reconciliation.

Assumption of End User Promotional Contracts

If a CLEC assumes an end user with a promotional contract, the CLEC is eligible for the promotional discounts for that end user for the remainder of the contract term. Consequently, the CLEC is liable for any associated termination liability. In order to receive the promotional discounts, the CLEC must follow the procedures outlined in 6.0.

Participation Procedures

To participate in a promotion, a CLEC must submit, to the Local Contract Manager, the Promotion Credit Request Form for each promotion. The CLEC can obtain the promotion credit request form from their BellSouth Local Contract Manager. The Local Contract Manager will submit the form to the Special Promotions Manager for verification and processing. Forms missing the required fields will be returned to the CLEC by the Local Contract Manager for further information.

Application of Promotion Credits

Eligible credits will be made as an adjustment to the CLEC's master "Q" account on the following bill period after the verification process is complete. After the verification process is complete, the CLEC will also be notified of the credit applied to its Q account. BellSouth will endeavor to apply promotion credits within the 30 days of receipt of the promotion credit request. Credits are not automatically generated and therefore require the CLEC to submit a Promotion Credit Request Form throughout the contract term.

How to Contact Us

BellSouth; Attn: Special Promotions Manager
675 West Peachtree Street NW
34A51
Atlanta, GA 30375
(Fax) 404-522-1944