Common use of Bona Fide Request (BFR) Clause in Contracts

Bona Fide Request (BFR). 2.31.1 AT&T, Bona Fide Request Process 2.31.1.1 A Bona Fide Request (“BFR”) is the process by which CLEC may request AT&T to provide CLEC access to an additional or new, undefined UNEs, combinations or commingling (a “Request”), that is required to be provided by AT&T under the Act but is not available under this Agreement or defined in a generic appendix at the time of CLEC’s request. CLEC may request a single BFR for development of a single new UNE within AT&T. 2.31.1.2 The BFR process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) paragraph 259 and n. 603 and subsequent rulings. 2.31.1.3 All BFRs must be submitted with a BFR Application Form in accordance with the specifications and processes set forth in the sections of the CLEC Handbook. Included with the Application CLEC shall provide a technical description of each requested UNE, combination of UNEs, or Commingling of UNEs, drawings when applicable, the location(s) where needed, the date required, and the projected quantity to be ordered with a 3 year forecast. 2.31.1.4 CLEC is responsible for all costs incurred by AT&T to review, analyze and process a BFR. When submitting a BFR Application Form, CLEC has two options to compensate AT&T for its cost incurred to complete the Preliminary Analysis of the BFR: 2.31.1.4.1 Include with its BFR Application Form a deposit to cover AT&T’s preliminary evaluation costs, in which case AT&T may not charge CLEC in excess of the deposit to complete the Preliminary Analysis; or 2.31.1.4.2 Not make the deposit, in which case CLEC shall be responsible for reasonable and demonstrable preliminary evaluation costs incurred by AT&T to complete the preliminary Analysis (regardless of whether such costs are greater or less than the deposit). 2.31.1.5 The amount of the deposit under Section 2.31.1.4.1 shall be determined through a method and shall not exceed an amount agreed to by the parties or determined in a cost proceeding. 2.31.1.5.1 If CLEC submits a deposit with its BFR, and AT&T is not able to process the Request or determines that the Request does not qualify for BFR treatment, then AT&T will return the deposit to CLEC. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the deposit, the balance of the deposit will, at the option of CLEC, either be refunded or credited toward additional developmental costs authorized by CLEC. 2.31.1.6 Upon written notice, CLEC may cancel a BFR at any time, but will pay AT&T its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date AT&T received notice of cancellation. If cancellation occurs prior to completion of the preliminary evaluation, and a deposit has been made by CLEC, and the reasonable and demonstrable costs are less than the deposit, the remaining balance of the deposit will be, at the option of the CLEC, either returned to CLEC or credited toward additional developmental costs authorized by CLEC. 2.31.1. 7 AT&T will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt AT&T will acknowledge receipt of the BFR and in such acknowledgement advice CLEC of the need for any further information needed to process the Request. CLEC acknowledges that the time intervals set forth in this Attachment begins once AT&T has received a complete and accurate BFR Application Form and, if applicable, the deposit.

Appears in 6 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

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Bona Fide Request (BFR). 2.31.1 AT&T, Bona Fide Request Process 2.31.1.1 A Bona Fide Request (“BFR”) is the process by which CLEC may request AT&T to provide CLEC access to an additional or new, undefined UNEs, combinations or commingling (a “Request”), that is required to be provided by AT&T under the Act but is not available under this Agreement or defined in a generic appendix at the time of CLEC’s request. CLEC may request a single BFR for development of a single new UNE within AT&T. 2.31.1.2 The BFR process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) paragraph 259 and n. 603 and subsequent rulings. 2.31.1.3 All BFRs must be submitted with a BFR Application Form in accordance with the specifications and processes set forth in the sections of the CLEC Handbook. Included with the Application CLEC shall provide a technical description of each requested UNE, combination of UNEs, or Commingling of UNEs, drawings when applicable, the location(s) where needed, the date required, and the projected quantity to be ordered with a 3 year forecast. 2.31.1.4 CLEC is responsible for all costs incurred by AT&T to review, analyze and process a BFR. When submitting a BFR Application Form, CLEC has two options to compensate AT&T for its cost incurred to complete the Preliminary Analysis of the BFR: 2.31.1.4.1 Include with its BFR Application Form a deposit to cover AT&T’s preliminary evaluation costs, in which case AT&T may not charge CLEC in excess of the deposit to complete the Preliminary Analysis; oror Page 76 of 357 2.31.1.4.2 1.4.2 Not make the deposit, in which case CLEC shall be responsible for reasonable and demonstrable preliminary evaluation costs incurred by AT&T to complete the preliminary Analysis (regardless of whether such costs are greater or less than the deposit). 2.31.1.5 The amount of the deposit under Section 2.31.1.4.1 shall be determined through a method and shall not exceed an amount agreed to by the parties or determined in a cost proceeding. 2.31.1.5.1 If CLEC submits a deposit with its BFR, and AT&T is not able to process the Request or determines that the Request does not qualify for BFR treatment, then AT&T will return the deposit to CLEC. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the deposit, the balance of the deposit will, at the option of CLEC, either be refunded or credited toward additional developmental costs authorized by CLEC. 2.31.1.6 Upon written notice, CLEC may cancel a BFR at any time, but will pay AT&T its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date AT&T received notice of cancellation. If cancellation occurs prior to completion of the preliminary evaluation, and a deposit has been made by CLEC, and the reasonable and demonstrable costs are less than the deposit, the remaining balance of the deposit will be, at the option of the CLEC, either returned to CLEC or credited toward additional developmental costs authorized by CLEC. 2.31.1. 7 AT&T will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt AT&T will acknowledge receipt of the BFR and in such acknowledgement advice CLEC of the need for any further information needed to process the Request. CLEC acknowledges that the time intervals set forth in this Attachment begins once AT&T has received a complete and accurate BFR Application Form and, if applicable, the deposit.

Appears in 4 contracts

Samples: MFN Agreement, MFN Agreement, MFN Agreement

Bona Fide Request (BFR). 2.31.1 AT&T, Bona Fide Request Process 2.31.1.1 A Bona Fide Request (“BFR”) is the process by which CLEC may request AT&T to provide CLEC access to an additional or new, undefined UNEs, combinations or commingling (a “Request”), that is required to be provided by AT&T under the Act but is not available under this Agreement or defined in a generic appendix at the time of CLEC’s request. CLEC may request a single BFR for development of a single new UNE within AT&T. 2.31.1.2 The BFR process set forth herein does not apply to those tothose services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) paragraph 259 and n. 603 and subsequent rulings. 2.31.1.3 All BFRs must be submitted with a BFR Application Form in accordance with the specifications and processes set forth in the sections of the CLEC Handbook. Included with the Application CLEC shall provide a technical description of each requested UNE, combination of UNEs, or Commingling of UNEs, drawings when applicable, the location(s) where needed, the date required, and the projected quantity to be ordered with a witha 3 year forecast. 2.31.1.4 CLEC is responsible for all costs incurred by AT&T to review, analyze and process a BFR. When submitting a BFR Application Form, CLEC has two options to compensate AT&T for its cost incurred to complete the Preliminary Analysis of the BFR: 2.31.1.4.1 Include with its BFR Application Form a deposit to cover AT&T’s preliminary evaluation costs, in which case AT&T may not charge CLEC in excess inexcess of the deposit to complete the Preliminary Analysis; oror Page 83 of 396 2.31.1.4.2 1.4.2 Not make the deposit, in which case CLEC shall be responsible for reasonable and demonstrable preliminary evaluation costs incurred by AT&T to complete the preliminary Analysis (regardless of whether such costs are greater costsaregreater or less than the deposit). 2.31.1.5 2.31.1. 5 The amount of the deposit under Section 2.31.1.4.1 shall be determined through a method and shall not exceed an amount agreed to by xxxx the parties or determined in a ina cost proceeding. 2.31.1.5.1 If CLEC submits a deposit with its BFR, and AT&T is not able to process the Request or determines that the Request does not qualify for BFR treatment, then AT&T will return the deposit to CLEC. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the deposit, the balance of the deposit will, at the option of CLEC, either be refunded or credited toward additional developmental costs authorized by CLEC. 2.31.1.6 Upon written notice, CLEC may cancel a BFR at any time, but will pay AT&T its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date AT&T received notice of cancellation. If cancellation occurs prior to completion of the preliminary evaluation, and a deposit has been made by CLEC, and the reasonable and demonstrable costs are less than the deposit, the remaining balance of the deposit will be, at the option of the CLEC, either returned to CLEC or credited toward additional developmental costs authorized by CLEC. 2.31.1. 7 AT&T will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt AT&T will acknowledge receipt of the BFR and in such acknowledgement advice CLEC of the need for any further information needed to process the Request. CLEC acknowledges that the time intervals set forth in this Attachment begins once AT&T has received a complete and accurate BFR Application Form and, if applicable, the deposit.

Appears in 1 contract

Samples: MFN Agreement

Bona Fide Request (BFR). 2.31.1 AT&TAT&T TEXAS, Bona Fide Request Process 2.31.1.1 A Bona Fide Request (“BFR”) is the process by which CLEC may request AT&T TEXAS to provide CLEC access to an additional or new, undefined UNEs, combinations or commingling (a “Request”), that is required to be provided by AT&T TEXAS under the Act but is not available under this Agreement or defined in a generic appendix at the time of CLEC’s request. CLEC may request a single BFR for development of a single new UNE within AT&T.AT&T TEXAS. 2.31.1.2 The BFR process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) paragraph 259 and n. 603 and subsequent rulings. 2.31.1.3 All BFRs must be submitted with a BFR Application Form in accordance with the specifications and processes set forth in the sections of the CLEC Handbook. Included with the Application CLEC shall provide a technical description of each requested UNE, combination of UNEs, or Commingling of UNEs, drawings when applicable, the location(s) where needed, the date required, and the projected quantity to be ordered with a 3 three (3) year forecast. 2.31.1.4 CLEC is responsible for all costs incurred by AT&T TEXAS to review, analyze and process a BFR. When submitting a BFR Application Form, CLEC has two options to compensate AT&T TEXAS for its cost incurred to complete the Preliminary Analysis of the BFR: 2.31.1.4.1 Include with its BFR Application Form a deposit to cover AT&T’s AT&T TEXAS’ preliminary evaluation costs, in which case AT&T TEXAS may not charge CLEC in excess of the deposit to complete the Preliminary Analysis; or 2.31.1.4.2 Not make the deposit, in which case CLEC shall be responsible for reasonable and demonstrable preliminary evaluation costs incurred by AT&T TEXAS to complete the preliminary Analysis (regardless of whether such costs are greater or less than the deposit). 2.31.1.5 The amount of the deposit under Section 2.31.1.4.1 shall be determined through a method and shall not exceed an amount agreed to by the parties Parties or determined in a cost proceeding. 2.31.1.5.1 If CLEC submits a deposit with its BFR, and AT&T TEXAS is not able to process the Request or determines that the Request does not qualify for BFR treatment, then AT&T TEXAS will return the deposit to CLEC. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the deposit, the balance of the deposit will, at the option of CLEC, either be refunded or credited toward additional developmental costs authorized by CLEC. 2.31.1.6 Upon written notice, CLEC may cancel a BFR at any time, but will pay AT&T TEXAS its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date AT&T TEXAS received notice of cancellation. If cancellation occurs prior to completion of the preliminary evaluation, and a deposit has been made by CLEC, and the reasonable and demonstrable costs are less than the deposit, the remaining balance of the deposit will be, at the option of the CLEC, either returned to CLEC or credited toward additional developmental costs authorized by CLEC. 2.31.1. 7 2.31.1.7 AT&T TEXAS will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt AT&T TEXAS will acknowledge receipt of the BFR and in such acknowledgement advice CLEC of the need for any further information needed to process the Request. CLEC acknowledges that the time intervals set forth in this Attachment begins once AT&T TEXAS has received a complete and accurate BFR Application Form and, if applicable, the deposit. 2.31.1.8 Except under extraordinary circumstances, within thirty (30) calendar days of its receipt of a complete and accurate BFR, AT&T TEXAS will provide to CLEC a preliminary analysis of such Request (the “Preliminary Analysis”). The Preliminary Analysis will (i) indicate that AT&T TEXAS will offer the Request to CLEC or (ii) advise CLEC that AT&T TEXAS will not offer the Request. If AT&T TEXAS indicates it will not offer the Request, AT&T TEXAS will provide a detailed explanation for the denial. Possible explanations may be, but are not limited to: i) access to the Request is not technically feasible, ii) that the Request is not required to be provided by AT&T TEXAS under the Act and/or, iii) that the BFR is not the correct process for the request. 2.31.1.9 If the Preliminary Analysis indicates that AT&T TEXAS will offer the Request, CLEC may, at its discretion, provide written authorization for AT&T TEXAS to develop the Request and prepare a “BFR Quote”. The BFR Quote shall, as applicable, include (i) the first date of availability, (ii) installation intervals, (iii) applicable rates (recurring, nonrecurring and other), (iv) BFR development and processing costs and (v) terms and conditions by which the Request shall be made available. XXXX’s written authorization to develop the BFR Quote must be received by AT&T TEXAS within thirty (30) calendar days of CLEC’s receipt of the Preliminary Analysis. If no authorization to proceed is received within such thirty (30) calendar day period, the BFR will be deemed canceled and CLEC will pay to AT&T TEXAS all demonstrable costs as set forth above. Any request by CLEC for AT&T TEXAS to proceed with a Request received after the thirty (30) calendar day window will require CLEC to submit a new BFR. 2.31.1.10 As soon as feasible, but not more than ninety (90) calendar days after its receipt of authorization to develop the BFR Quote, AT&T TEXAS shall provide to CLEC a BFR Quote. 2.31.1.11 Within thirty (30) calendar days of its receipt of the BFR Quote, CLEC must either (i) confirm its order pursuant to the BFR Quote, (ii) cancel its BFR and reimburse AT&T TEXAS for its costs incurred up to the date of cancellation, or

Appears in 1 contract

Samples: Wholesale Agreement

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Bona Fide Request (BFR). 2.31.1 AT&TSBC TEXAS, Bona Fide Request Process 2.31.1.1 A Bona Fide Request (“BFR”) is the process by which CLEC may request AT&T SBC TEXAS to provide CLEC access to an additional or new, undefined UNEs, combinations or commingling (a “Request”), that is required to be provided by AT&T SBC TEXAS under the Act but is not available under this Agreement or defined in a generic appendix at the time of CLEC’s request. CLEC may request a single BFR for development of a single new UNE within AT&T.SBC TEXAS. 2.31.1.2 The BFR process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) paragraph 259 and n. 603 and subsequent rulings. 2.31.1.3 All BFRs must be submitted with a BFR Application Form in accordance with the specifications and processes set forth in the sections of the CLEC Handbook. Included with the Application CLEC shall provide a technical description of each requested UNE, combination of UNEs, or Commingling of UNEs, Page 82 of 426 ATACHMENT6: 251(C)(3) UNE/SOUTHWESTERN BELL TELEPHONE, L.P. drawings when applicable, the location(s) where needed, the date required, and the projected quantity to be ordered with a 3 year forecast. 2.31.1.4 CLEC is responsible for all costs incurred by AT&T SBC TEXAS to review, analyze and process a BFR. When submitting a BFR Application Form, CLEC has two options to compensate AT&T SBC TEXAS for its cost incurred to complete the Preliminary Analysis of the BFR: 2.31.1.4.1 Include with its BFR Application Form a deposit to cover AT&T’s SBC TEXAS’ preliminary evaluation costs, in which case AT&T SBC TEXAS may not charge CLEC in excess of the deposit to complete the Preliminary Analysis; or 2.31.1.4.2 Not make the deposit, in which case CLEC shall be responsible for reasonable and demonstrable preliminary evaluation costs incurred by AT&T SBC TEXAS to complete the preliminary Analysis (regardless of whether such costs are greater or less than the deposit). 2.31.1.5 The amount of the deposit under Section 2.31.1.4.1 shall be determined through a method and shall not exceed an amount agreed to by the parties or determined in a cost proceeding. 2.31.1.5.1 If CLEC submits a deposit with its BFR, and AT&T SBC TEXAS is not able to process the Request or determines that the Request does not qualify for BFR treatment, then AT&T SBC TEXAS will return the deposit to CLEC. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the deposit, the balance of the deposit will, at the option of CLEC, either be refunded or credited toward additional developmental costs authorized by CLEC. 2.31.1.6 Upon written notice, CLEC may cancel a BFR at any time, but will pay AT&T SBC TEXAS its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date AT&T SBC TEXAS received notice of cancellation. If cancellation occurs prior to completion of the preliminary evaluation, and a deposit has been made by CLEC, and the reasonable and demonstrable costs are less than the deposit, the remaining balance of the deposit will be, at the option of the CLEC, either returned to CLEC or credited toward additional developmental costs authorized by CLEC. 2.31.1. 7 AT&T 2.31.1.7 SBC TEXAS will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt AT&T SBC TEXAS will acknowledge receipt of the BFR and in such acknowledgement advice CLEC of the need for any further information needed to process the Request. CLEC acknowledges that the time intervals set forth in this Attachment begins once AT&T SBC TEXAS has received a complete and accurate BFR Application Form and, if applicable, the deposit. 2.31.1.8 Except under extraordinary circumstances, within thirty (30) calendar days of its receipt of a complete and accurate BFR, SBC TEXAS will provide to CLEC a preliminary analysis of such Request (the “Preliminary Analysis”). The Preliminary Analysis will (i) indicate that SBC TEXAS will offer the Request to CLEC or (ii) advise CLEC that SBC TEXAS will not offer the Request. If SBC TEXAS indicates it will not offer the Request, SBC TEXAS will provide a detailed explanation for the denial. Possible explanations may be, but are not limited to: i) access to the Request is not technically feasible, ii) that the Request is not required to be provided by SBC TEXAS under the Act and/or, iii) that the BFR is not the correct process for therequest. 2.31.1.9 If the Preliminary Analysis indicates that SBC TEXAS will offer the Request, CLEC may, at its discretion, provide written authorization for SBC TEXAS to develop the Request and prepare a “BFR Quote”. The BFR Quote shall, as applicable, include (i) the first date of availability, (ii) installation intervals, (iii) applicable rates (recurring, nonrecurring and other), (iv) BFR development and processing costs and (v) terms and conditions by which the Request shall be made available. XXXX’s written authorization to develop the BFR Quote must be received by SBC TEXAS within thirty (30) calendar days of CLEC’s receipt of the Preliminary ATACHMENT6: 251(C)(3) UNE/SOUTHWESTERN BELL TELEPHONE, L.P. Analysis. If no authorization to proceed is received within such thirty (30) calendar day period, the BFR will be deemed canceled and CLEC will pay to SBC TEXAS all demonstrable costs as set forth above. Any request by CLEC for SBC TEXAS to proceed with a Request received after the thirty (30) calendar day window will require CLEC to submit a new BFR. 2.31.1.10 As soon as feasible, but not more than ninety (90) calendar days after its receipt of authorization to develop the BFR Quote, SBC TEXAS shall provide to CLEC a BFR Quote. 2.31.1.11 Within thirty (30) calendar days of its receipt of the BFR Quote, CLEC must either (i) confirm its order pursuant to the BFR Quote, (ii) cancel its BFR and reimburse SBC TEXAS for its costs incurred up to the date of cancellation, or (iii) If it believes the BFR Quote is inconsistent with the requirements of the Act and/or this Attachment, exercise its rights under the Dispute Resolution Section of the GTC. If SBC TEXAS does not receive notice of any of the foregoing within such thirty (30) calendar day period, the BFR shall be deemed canceled. CLEC shall be responsible to reimburse SBC TEXAS for its costs incurred up to the date of cancellation (whether affirmatively canceled or deemed canceled by CLEC). 2.31.1.12 Unless CLEC agrees otherwise, all rates and costs quoted or invoiced herein shall be consistent with the pricing principles of the Act. 2.31.1.13 If a Party believes that the other Party is not requesting, negotiating or processing a BFR in good faith and/or as required by the Act, or if a Party disputes a determination, or price or cost quote, such Party may seek relief pursuant to the Dispute Resolution Process set forward in the General Terms and Conditions Section of this agreement.

Appears in 1 contract

Samples: Wholesale Agreement

Bona Fide Request (BFR). 2.31.1 AT&TSBC TEXAS, Bona Fide Request Process 2.31.1.1 A Bona Fide Request (“BFR”) is the process by which CLEC may request AT&T SBC TEXAS to provide CLEC access to an additional or new, undefined UNEs, combinations or commingling (a “Request”), that is required to be provided by AT&T SBC TEXAS under the Act but is not available under this Agreement or defined in a generic appendix at the time of CLEC’s request. CLEC may request a single BFR for development of a single new UNE within AT&T.SBC TEXAS. 2.31.1.2 The BFR process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel. Oct. 19, 1992) paragraph 259 and n. 603 and subsequent rulings. 2.31.1.3 All BFRs must be submitted with a BFR Application Form in accordance with the specifications and processes set forth in the sections of the CLEC Handbook. Included with the Application CLEC shall provide a technical description of each requested UNE, combination of UNEs, or Commingling of UNEs, Page 86 of 437 ATACHMENT6: 251(C)(3) UNE/SOUTHWESTERN BELL TELEPHONE, L.P. drawings when applicable, the location(s) where needed, the date required, and the projected quantity to be ordered with a 3 year forecast. 2.31.1.4 CLEC is responsible for all costs incurred by AT&T SBC TEXAS to review, analyze and process a BFR. When submitting a BFR Application Form, CLEC has two options to compensate AT&T SBC TEXAS for its cost incurred to complete the Preliminary Analysis of the BFR: 2.31.1.4.1 Include with its BFR Application Form a deposit to cover AT&T’s SBC TEXAS’ preliminary evaluation costs, in which case AT&T SBC TEXAS may not charge CLEC in excess of the deposit to complete the Preliminary Analysis; or 2.31.1.4.2 Not make the deposit, in which case CLEC shall be responsible for reasonable and demonstrable preliminary evaluation costs incurred by AT&T SBC TEXAS to complete the preliminary Analysis (regardless of whether such costs are greater or less than the deposit). 2.31.1.5 The amount of the deposit under Section 2.31.1.4.1 shall be determined through a method and shall not exceed an amount agreed to by the parties or determined in a cost proceeding. 2.31.1.5.1 If CLEC submits a deposit with its BFR, and AT&T SBC TEXAS is not able to process the Request or determines that the Request does not qualify for BFR treatment, then AT&T SBC TEXAS will return the deposit to CLEC. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the deposit, the balance of the deposit will, at the option of CLEC, either be refunded or credited toward additional developmental costs authorized by CLEC. 2.31.1.6 Upon written notice, CLEC may cancel a BFR at any time, but will pay AT&T SBC TEXAS its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date AT&T SBC TEXAS received notice of cancellation. If cancellation occurs prior to completion of the preliminary evaluation, and a deposit has been made by CLEC, and the reasonable and demonstrable costs are less than the deposit, the remaining balance of the deposit will be, at the option of the CLEC, either returned to CLEC or credited toward additional developmental costs authorized by CLEC. 2.31.1. 7 AT&T 2.31.1.7 SBC TEXAS will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt AT&T SBC TEXAS will acknowledge receipt of the BFR and in such acknowledgement advice CLEC of the need for any further information needed to process the Request. CLEC acknowledges that the time intervals set forth in this Attachment begins once AT&T SBC TEXAS has received a complete and accurate BFR Application Form and, if applicable, the deposit. 2.31.1.8 Except under extraordinary circumstances, within thirty (30) calendar days of its receipt of a complete and accurate BFR, SBC TEXAS will provide to CLEC a preliminary analysis of such Request (the “Preliminary Analysis”). The Preliminary Analysis will (i) indicate that SBC TEXAS will offer the Request to CLEC or (ii) advise CLEC that SBC TEXAS will not offer the Request. If SBC TEXAS indicates it will not offer the Request, SBC TEXAS will provide a detailed explanation for the denial. Possible explanations may be, but are not limited to: i) access to the Request is not technically feasible, ii) that the Request is not required to be provided by SBC TEXAS under the Act and/or, iii) that the BFR is not the correct process for the request. 2.31.1.9 If the Preliminary Analysis indicates that SBC TEXAS will offer the Request, CLEC may, at its discretion, provide written authorization for SBC TEXAS to develop the Request and prepare a “BFR Quote”. The BFR Quote shall, as applicable, include (i) the first date of availability, (ii) installation intervals, (iii) applicable rates (recurring, nonrecurring and other), (iv) BFR development and processing costs and (v) terms and conditions by which the Request shall be made available. XXXX’s written authorization to develop the BFR Quote must be received by SBC TEXAS within thirty (30) calendar days of CLEC’s receipt of the Preliminary Page 87 of 437 ATACHMENT6: 251(C)(3) UNE/SOUTHWESTERN BELL TELEPHONE, L.P. Analysis. If no authorization to proceed is received within such thirty (30) calendar day period, the BFR will be deemed canceled and CLEC will pay to SBC TEXAS all demonstrable costs as set forth above. Any request by CLEC for SBC TEXAS to proceed with a Request received after the thirty (30) calendar day window will require CLEC to submit a new BFR. 2.31.1.10 As soon as feasible, but not more than ninety (90) calendar days after its receipt of authorization to develop the BFR Quote, SBC TEXAS shall provide to CLEC a BFR Quote. 2.31.1.11 Within thirty (30) calendar days of its receipt of the BFR Quote, CLEC must either (i) confirm its order pursuant to the BFR Quote, (ii) cancel its BFR and reimburse SBC TEXAS for its costs incurred up to the date of cancellation, or (iii) If it believes the BFR Quote is inconsistent with the requirements of the Act and/or this Attachment, exercise its rights under the Dispute Resolution Section of the GTC. If SBC TEXAS does not receive notice of any of the foregoing within such thirty (30) calendar day period, the BFR shall be deemed canceled. CLEC shall be responsible to reimburse SBC TEXAS for its costs incurred up to the date of cancellation (whether affirmatively canceled or deemed canceled by CLEC). 2.31.1.12 Unless CLEC agrees otherwise, all rates and costs quoted or invoiced herein shall be consistent with the pricing principles of the Act. 2.31.1.13 If a Party believes that the other Party is not requesting, negotiating or processing a BFR in good faith and/or as required by the Act, or if a Party disputes a determination, or price or cost quote, such Party may seek relief pursuant to the Dispute Resolution Process set forward in the General Terms and Conditions Section of this agreement.

Appears in 1 contract

Samples: Interconnection Agreement

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