Common use of Availability of Other Network Elements on an Unbundled Basis Clause in Contracts

Availability of Other Network Elements on an Unbundled Basis. 11.8.1 BA shall, upon request of TCG, and to the extent technically feasible, provide to TCG access to its Network Elements on an unbundled basis for the provision of TCG’s Telecommunications Service. Any request by TCG for access to an BA Network Element that is not already available and is not specifically required to be offered under regulations or orders of the FCC or the Commission shall be treated as a Network Element Bona Fide Request. TCG shall provide BA access to its Network Elements as mutually agreed by the Parties or as required by the Commission or FCC. 11.8.2 A Network Element obtained by one Party from the other Party under this subsection 11.8 may be used in combination with the facilities of the requesting Party only to provide a Telecommunications Service, including obtaining billing and collection, transmission, and routing of the Telecommunications Service. 11.8.3 Notwithstanding anything to the contrary in this subsection 11.8, a Party shall not be required to provide a proprietary Network Element to the other Party under this subsection 11.6 except as required by the Commission or FCC. 11.8.4 BA will, on a semi-annual basis, notify TCG of the availability of new unbundled Network Elements.

Availability of Other Network Elements on an Unbundled Basis. 11.8.1 BA shall, upon request of TCGICI, and to the extent technically feasible, provide to TCG ICI access to its Network Elements on an unbundled basis for the provision of TCGICI’s Telecommunications Service. Any request by TCG ICI for access to an BA Network Element that is not already available and is not specifically required to be offered under regulations or orders of the FCC or the Commission shall be treated as a Network Element Bona Fide Request. TCG ICI shall provide BA access to its Network Elements as mutually agreed by the Parties or as required by the Commission or FCC. 11.8.2 A Network Element obtained by one Party from the other Party under this subsection 11.8 may be used in combination with the facilities of the requesting Party only to provide a Telecommunications Service, including obtaining billing and collection, transmission, and routing of the Telecommunications Service. 11.8.3 Notwithstanding anything to the contrary in this subsection 11.8, a Party shall not be required to provide a proprietary Network Element to the other Party under this subsection 11.6 except as required by the Commission or FCC. 11.8.4 BA will, on a semi-annual basis, notify TCG ICI of the availability of new unbundled Network Elements.

Availability of Other Network Elements on an Unbundled Basis. 11.8.1 BA shall, upon request of TCG, Compass and to the extent technically feasiblerequired by Applicable Law, provide to TCG Compass access to its Network Elements on an unbundled basis for the provision of TCGCompass’s Telecommunications Service. Any request by TCG Compass for access to an BA Network Element that is not already available and is not specifically required to be offered under regulations or orders of the FCC or the Commission shall be treated as a Network Element Bona Fide Request. TCG Compass shall provide BA access to its Network Elements as mutually agreed by the Parties or as required by the Commission or FCC. 11.8.2 A Network Element obtained by one Party from the other Party under this subsection 11.8 may be used in combination with the facilities of the requesting Party only to provide a Telecommunications Service, including obtaining billing and collection, transmission, and routing of the Telecommunications Service. 11.8.3 Notwithstanding anything to the contrary in this subsection 11.8, a Party shall not be required to provide a proprietary Network Element to the other Party under this subsection 11.6 11.8 except as required by the Commission or FCCApplicable Law. 11.8.4 BA will, on a semi-annual basis, notify TCG Compass of the availability of new unbundled Network Elements.