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Technology Stocks : LAST MILE TECHNOLOGIES - Let's Discuss Them Here -- Ignore unavailable to you. Want to Upgrade?

To: Frank A. Coluccio who wrote (4977)	8/14/1999 10:54:00 PM
From: ahhaha	Respond to of 12823

They constitute a cloud.

To: Frank A. Coluccio who wrote (4977)	8/15/1999 1:16:00 AM
From: wonk	Read Replies (1) \| Respond to of 12823

Frank: ...[[And here, I have a question which has never been fully answered to my satisfaction. Do these OC-48 rings which T is putting in place for ATHM truly belong (owned outright) solely by ATHM [the corporation ATHM], or do these constitute a cloud which is owned by the individual MSOs, on a shared basis, with each MSO owning a percentage share in them, and each MSO possessing sovereign rights for their own traffic, as well? If someone could answer this with some authority, I'd appreciate it.]] You can probably evaluate the contract far better than I: here is the beginning of the text: EXHIBIT 10.33 IRU CAPACITY AGREEMENT This IRU Capacity Agreement (the "Agreement") is entered into as of December 19, 1998 (the "Effective Date") between AT&T Corp. ("AT&T"), a New York corporation with offices at 295 North Maple Avenue, Basking Ridge, New Jersey 07920, and At Home Corporation ("@Home"), a Delaware corporation with its principal place of business located at 425 Broadway Street, Redwood City, California 94063. BACKGROUND This Agreement is made with reference to the following facts: A. AT&T operates a fiber optic communications system (as such system exists now, and as it is modified from time to time, the "AT&T Network"). B. AT&T desires to provide, and @Home desires to obtain, an indefeasible right to use optical fibers and dedicated circuit capacity derived with network electronics and circuit electronics on the AT&T Network. C. AT&T desires to grant, and @Home desires to obtain, the ability to upgrade @Home's rights hereunder on the AT&T Network. D. AT&T desires to provide, and @Home desires to obtain, collocation, maintenance and other services in connection with the capacity it derives from the AT&T Network. TERMS OF AGREEMENT 1 Definitions 1.1 "Accept" shall have the definition set forth in the section entitled Testing and Acceptance. "Acceptance" shall have the corresponding meaning. 1.2 "Additional Capacity" shall mean any Capacity aquired by @Home pursuant to the section entitled Upgrades and Expansion. 1.3 "AT&T POPs" shall mean (a) the AT&T sites identified in Exhibit E and (ii) such other AT&T sites as the parties may agree from time to time to be within the scope of the term "AT&T POP." 1.4 "@Home Backbone Network" shall mean, at any date, the @Home Routes as of that date. 1.5 "Capacity" shall mean the Phase Two Capacity, the Phase Three Capacity, the Alternate Capacity and the Additional Capacity, including both (i) the circuit capacity, as measured in terms of OC-3, OC-12, OC-48 or otherwise and (ii) a portion of the relevant fiber strands necessary to transport such capacity. ... Continues sec.gov ww