Amendment of Certain Rates, Terms and Conditions. The rates, terms and conditions in this Agreement that are specified in Appendix 49A (the “AT&T Terms“) were taken from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Docket No. P-96-478. The rates, terms and conditions not included in this Agreement but referenced in Appendix 49B (the “GTE Terms“) were excluded from the AT&T Agreement by the Commission in Docket No. 96-478. GTE and NEWSOUTH agree that if the “AT&T Terms“ are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms“ or, as appropriate, the substitution of “GTE Terms“ for all stayed and enjoined “AT&T Terms“, and such amendments shall be effective retroactive to the Effective Date of this Agreement. GTE and NEWSOUTH further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC's First Report and Order in CC Docket No. 96-98. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC’s First Report and Order, in whole or in part (“actions”). To the extent warranted by any such action, the Parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 49. The Parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement, consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. NEWSOUTH acknowledges that GTE may seek to enforce such action before a commission or court of competent jurisdiction. GTE does not waive any position regarding the illegality or inappropriateness of the FCC’s First Report and Order. The rates, terms and conditions (including rates which may be applicable under true-up) specified in both the “GTE Terms“ and the “AT&T Terms“ are further subject to amendment, retroactive to the Effective Date of the Agreement, to provide for charges or rate adjustments resulting from future Commission or other proceedings, incl...
Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 00X (xxx "XXX Xxxxx") may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix 48A (the "AT&T Terms") if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case No. 96-478. The rates, terms and conditions that are specified in Appendix 48A (the AT&T Terms) shall not take effect for purposes of this Agreement until thirty
Amendment of Certain Rates, Terms and Conditions. III-16 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES . . . . . . . . . . . . . . . . IV-1 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 45A (xxx "XXX Xxxxx") xxx be replaced by the rates, terms and conditions from the GTE/OtherCLEC Interconnection, Resale and Unbundling Agreement (the "OtherCLEC Agreement"), respectively, that are specified in Appendix 45B (the "OtherCLEC Terms") if and when the OtherCLEC Agreement becomes effective after approval by order of the Commission in Case No. . The rates, terms and conditions that are specified in Appendix 45B (the OtherCLEC Terms) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of DTI's election to replace the specified GTE Terms with the specified OtherCLEC Terms, which notice may be given no earlier than the date the OtherCLEC Agreement is approved by the Commission and effective. GTE and DTI agree that if the OtherCLEC Terms are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the OtherCLEC Terms or, as appropriate, the substitution of GTE Terms for all stayed or enjoined OtherCLEC Terms, and such amendment shall be effective retroactive to the Effective Date of the OtherCLEC Terms.
Amendment of Certain Rates, Terms and Conditions. The rates, terms and ------------------------------------------------- conditions in this Agreement that are specified in Appendix 49A (the "AT&T" Terms) were taken from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement) approved by the Commission in Case No. P140 Sub 51. The rates, terms and conditions not included in this Agreement but referenced in Appendix 00X (xxx "XXX Xxxxx") were excluded from the AT&T Agreement by the Commission in Case No. P140 Sub 51. GTE and MEBTEL agree that if the AT&T Terms are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the AT&T Terms or, as appropriate, the substitution "Terms" for all stayed and enjoined AT&T Terms, and such amendments shall be effective retroactive to the Effective Date of this Agreement.
Amendment of Certain Rates, Terms and Conditions. III-11 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES ................................ IV-1 1. General ...................................................................... IV-1
Amendment of Certain Rates, Terms and Conditions. III-12 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES V-1
Amendment of Certain Rates, Terms and Conditions. III-16 ARTICLE IV INTERCONNECTION AND TRANSPORT AND TERMINATION OF TRAFFIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 1. Services Covered by This Article . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 1.1 Types of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2. Billing and Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2.1 Rates and Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1 2.2 Billing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
Amendment of Certain Rates, Terms and Conditions. The Parties agree as follows with respect to modification of the rates, terms and conditions initially provided for herein: The rates, terms and conditions that are specified in Appendix 00X (xxx "XXX Xxxxx") may be replaced by the rates, terms and conditions from the GTE/AT&T Interconnection, Resale and Unbundling Agreement (the AT&T Agreement), respectively, that are specified in Appendix 48A (the "AT&T Terms") if and when the AT&T Agreement becomes effective after approval by order of the Commission in Case No. 96-478 The rates, terms and conditions that are specified in Appendix 48A (the “AT&T Terms¦) shall not take effect for purposes of this Agreement until thirty (30) days following GTE's receipt of written notice of UTI's election to replace the specified “GTE Terms¦ with the specified “AT&T Terms¦, which notice may be given no earlier than the date the AT&T Agreement is approved by the Commission and effective. GTE and UTI agree that if the “AT&T Terms¦ are deemed to be unlawful, or are stayed, enjoined or otherwise modified, in whole or in part, by a court or commission of competent jurisdiction, then this Agreement shall be deemed to have been amended accordingly, by modification of the “AT&T Terms¦ or, as appropriate, the substitution of “GTE Terms¦ for all stayed or enjoined “AT&T Terms¦, and such amendment shall be effective retroactive to the Effective Date of the “AT&T Terms.¦ GTE and UTI further agree that the terms and conditions of this Agreement reflect certain requirements of the FCC's First Report and Order in CC Docket No. 96-478. The terms and conditions of this Agreement shall be subject to any and all actions by any court or other governmental authority that invalidate, stay, vacate or otherwise modify the FCC's First Report and Order, in whole or in part (“action¦). To the extent warranted by any such action, the parties agree that this Agreement shall be deemed to have been modified accordingly as in the first paragraph of this Section 48. The parties agree to immediately apply any affected terms and conditions, including any in other sections and articles of this Agreement consistent with such action, and within a reasonable time incorporate such modified terms and conditions in writing into the Agreement. If the AT&T Terms are affected by such action and GTE determines they cannot be consistently applied therewith, the GTE Terms shall apply. UTI acknowledges that GTE may seek to enforce such action before a commission or court...
Amendment of Certain Rates, Terms and Conditions. III-13 ARTICLE IV GENERAL RULES GOVERNING RESOLD SERVICES AND UNBUNDLED ELEMENTS ................................................... IV-1 1. General ...................................................................... IV-1 2. Liability of GTE ................................................................. IV-1 2.1 Inapplicability of Tariff Liability ....................................... IV-1 2.2 QTC Tariffs or Contracts ........................................... IV-1 2.3 No Liability for Errors .............................................. IV-1 3. Unauthorized Changes .......................................................... IV-1 3.1 Procedures ...................................................... IV-1 4. Impact of Payment of Charges on Service ........................................... IV-2 5. Unlawful Use of Service ......................................................... IV-2 6. Timing of Messages ............................................................. IV-3
