Access to Network Elements. 9.1.1 CBT shall provide CLEC access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act.
9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements to CLEC if:
(1) The Commission concludes that:
(a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC on an unbundled basis; and
(b) CLEC could offer the same proposed Telecommunications Service through the use of other, nonproprietary means; or
(2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair the ability of CLEC to provide the Telecommunications Service CLEC seeks to offer.
9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10.
9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.
Access to Network Elements. Ameritech shall provide Requesting Carrier access to Ameritech’s Network Elements on an unbundled basis at any technically feasible point mutually agreed by the Parties in accordance with the terms and conditions of this Article IX and the requirements of the Act. Ameritech shall provide Requesting Carrier access to each unbundled Network Element identified in Section 9.2, along with all of such unbundled Network Element’s features, functions, and capabilities in accordance with the terms and conditions of Article II and as required by the Act, in a manner that shall allow Requesting Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act.
Access to Network Elements. (1) 9.1.1 CBT shall provide CLEC access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act.
Access to Network Elements. Ameritech shall provide CLEC access to Ameritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. Ameritech shall provide CLEC access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions, and capabilities in accordance with the terms and conditions of Article II and as required by the Act, in a manner that shall allow CLEC to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act.
Access to Network Elements. 9.1.1 Ameritech shall provide Requesting Carrier access to Ameritech’s Network Elements on an unbundled basis at any technically feasible point mutually agreed by the Parties in accordance with the terms and conditions of this Article IX and the requirements of the Act. Ameritech shall provide Requesting Carrier access to each unbundled Network Element identified in Section 9.2, along with all of such unbundled Network Element’s features, functions, and capabilities in accordance with the terms and conditions of Article II and as required by the Act, in a manner that shall allow Requesting Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act.
9.1.1.1 The UNE Remand Order was released by the FCC on November 5, 1999. Portions of the UNE Remand Order are effective within thirty (30) days after publication in the Federal Register and other portions are effective within one hundred-twenty (120) days after publication. Both Parties are analyzing their respective rights and obligations under the UNE Remand Order. Subject to the outcome of any appeal, including but not limited to any stay that may be obtained pending appeal, the Parties acknowledge that the UNE Remand Order requires Ameritech to offer certain unbundled Network Elements not included below, such as subloops, dark fiber, inside wire owned by Ameritech, xDSL-capable loops, high capacity loops, and packet switching capability in certain circumstances; and limits or conditions Ameritech’s obligation to offer certain Unbundled Network Elements set forth below such as Unbundled Switching Capability and Operator Services and Directory Services. The Parties agree to negotiate an amendment to this Agreement to conform the Agreement with the UNE Remand Order and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions relating to each such Unbundled Network Element within the time frame(s) specified for providing access as set forth in the UNE Remand. If the Parties are unable to reach agreement on an amendment within the specific time frame set forth in the UNE Remand Order for providing access to any Unbundled Network Element, a Party may consider such failure to negotiate an amendment a “Dispute” under Section 27.4 of the Agreement.
9.1.2 Notwithstanding anything to the contrary in this Agreement, if the FCC or a court of competent jurisdiction determin...
Access to Network Elements. Ameritech shall provide Frontier access to Ameritech's Network Elements on an unbundled basis at any technically feasible point mutually agreed by the Parties in accordance with the terms and conditions of this Article IX and the requirements of the Act. Ameritech shall provide Frontier access to each unbundled Network Element identified in Section 9.2, along with all of such unbundled Network Element's features, functions, and capabilities in accordance with the terms and conditions of Article II and as required by the Act, in a manner that shall allow Frontier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act.
Access to Network Elements. 9.1.1 Ameritech shall provide Focal access to Ameritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Section 9.0 and the requirements of the Act. Ameritech shall provide Focal access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions, and capabilities in accordance with the terms and conditions of Section 3.0 and as required by the Act, in a manner that shall allow Focal to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act.
9.1.2 Notwithstanding anything to the contrary in this Section 9.0, Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R. (S) 51.319 to Focal if:
(1) The Commission concludes that:
(A) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to Focal on an unbundled basis; and
(B) Focal could offer the same proposed Telecommunications Service through the use of other, nonproprietary Network Elements within Ameritech's network; or
(2) The Commission concludes that the failure of Ameritech to provide access to such Network Element would not decrease the quality of, and would not increase the financial or administrative cost of, the Telecommunications Service Focal seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritech's network.
9.1.3 Ameritech shall be required to make available Network Elements only where such Network Elements, including facilities and software necessary to provide such Network Elements, are available. If Ameritech makes available Network Elements that require special construction, Focal shall pay to Ameritech any applicable special construction charges.
Access to Network Elements. 9.1.1 Ameritech shall provide Requesting Carrier access to Ameritech's Network Elements on an unbundled basis at any technically feasible point mutually agreed by the Parties in accordance with the terms and conditions of this Article IX and the requirements of the Act. Ameritech shall provide ---------- Requesting Carrier access to each unbundled Network Element identified in Section 9.2, along with all of such unbundled Network Element's features, ----------- functions, and capabilities in accordance with the terms and conditions of Article II and as required by the Act, in a manner that shall allow Requesting ---------- Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is -------- consistent with the Act.
9.1.2 Notwithstanding anything to the contrary in this Agreement, if the FCC or a court of competent jurisdiction determines that incumbent local exchange carriers (and/or Ameritech specifically) are not required to provide access to one or more of the Network Elements (individually or in combination with another Network Element) described in this Agreement or places certain limitations or qualifications on the nature of such access, Ameritech may, by providing written notice to Requesting Carrier, require that any affected provision of this Agreement be deleted or renegotiated, as applicable, in good faith and this Agreement be amended accordingly. If such modifications to the Agreement are not renegotiated within thirty (30) days after the date of such notice, a Party may (i) consider such failure to renegotiate a "Dispute" under Section 27.3 of this Agreement or (ii) forego the dispute escalation procedures ------------ set forth in Section 27.3 and seek any relief it is entitled to under Applicable ------------ Law.
9.1.3 Ameritech shall make available access to its Network Elements at the rates specified herein only where such Network Elements, including facilities and software necessary to provide such Network Elements, exist and are available, in each case as such Network Element is defined herein. If Ameritech makes available access to a Network Element that requires special construction or conditioning, Requesting Carrier shall pay to Ameritech any applicable special construction or conditioning charges. The Parties shall mutually agree on the nature and manner of any required special construction or conditioning, the applicable charges thereto ...
Access to Network Elements. 9.1.1 CBT shall provide TELIGENT access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article
Access to Network Elements. Ameritech shall provide Urban Media access to Ameritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. Ameritech shall provide Urban Media access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions, and capabilities in accordance with the terms and conditions of Article II and as required by the Act, in a manner that shall allow Urban Media to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act.
