Carrier Selection Disputes Sample Clauses

Carrier Selection Disputes. If any disputes should occur concerning the selection of primary local exchange carriers by the Customers of a Party, the following dispute escalation procedures shall be followed: (a) If a Customer denies authorizing a change in his or her primary local exchange carrier selection to a different LEC (“Unauthorized Switching”), the Party that initiated the change shall switch that Customer back to the specified Carrier. In the case of unauthorized changes of any Customers to another LEC, the Parties shall follow any Kentucky Public Service Commission Guideline or Regulation in existence and, in any event, shall cooperate to switch the customer back to the specific carrier. (b) If CBT reports or otherwise provides information on unauthorized primary local exchange carrier changes to the FCC, the Commission or any other governmental entity, CBT agrees to report on CLEC unauthorized primary local exchange carrier changes separately from unauthorized PIC changes. (c) The Parties agree that in the event that either (i) the Resale Tariff is withdrawn by CBT or materially revised, or (ii) there is no other Applicable Law relating to Local Exchange Carrier selection disputes, they will promptly meet and negotiate in good faith a revised procedure for resolving carrier selection disputes. If the Parties are unable to agree upon such revised procedure within thirty (30) days of a Party's request to commence the negotiations, the dispute resolution procedures set forth in Section 28.3 will be implemented.
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Carrier Selection Disputes. If any disputes should occur concerning the selection of primary LECs by the Customers of a Party, the following dispute escalation procedures shall be followed: (a) If a Customer denies authorizing a change in his or her primary local exchange carrier selection to a different LEC (“Unauthorized Switching”), SBC-AMERITECH shall switch that Customer back to CLEC in accordance with the terms of Michigan Bell Telephone Company Tariff, MPSC #20R, Part 22 (Resale Local Exchange Services) (the “Resale Tariff”). However, in the case of unauthorized changes of CLEC Customers to SBC-AMERITECH, SBC- AMERITECH shall also have the duties of the “Carrier” as enumerated in such Resale Tariff, but will pay the $50 compensation, described in the Resale Tariff, to CLEC. On January 10, 2000, the Commission issued an order in Case No. U- 11900 adopting revised procedures for changing telecommunications service providers (“Anti-Slamming Procedures”) to be followed by all telecommunications service providers operating in the State of Michigan. The Parties will adhere to the requirements adopted by the Commission in its Case No. U-11900 with respect to the selection of primary LECs and primary Interexchange Carriers. (b) If SBC-AMERITECH reports or otherwise provides information on unauthorized primary LEC changes to the FCC, the Commission or any other governmental entity, SBC-AMERITECH agrees to report on CLEC unauthorized primary LEC changes separately from unauthorized presubscribed interexchange carrier (“PIC”) changes. (c) The Parties agree that in the event the Resale Tariff is withdrawn by SBC-AMERITECH or materially revised, they will promptly meet and negotiate in good faith a revised procedure for resolving carrier selection disputes. If the Parties are unable to agree upon such revised procedure within thirty (30) days of a Party’s request to commence the negotiations, the dispute resolution procedures set forth in Section 28.3 will be implemented.
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Carrier Selection Disputes. If any disputes should occur concerning the selection of primary local exchange carriers by the Customers of a Party, the following dispute escalation procedures shall be followed: (a) If a Customer of either Party or a customer of any other carrier denies authorizing a change in his or her primary local exchange carrier selection to a different LEC (“Unauthorized Switching”), Ameritech shall switch that customer back to the authorized primary local exchange carrier in accordance with the terms of the Resale Tariff. However, in the case of unauthorized changes of Urban Media Customers to Ameritech, Ameritech shall also have the duties of the “Carrier” as enumerated in such Resale Tariff, but will pay to Urban Media the Unauthorized Switching Charge described in such Resale Tariff. (b) If Ameritech reports or otherwise provides information on unauthorized primary local exchange carrier changes to the FCC, the Commission or any other governmental entity, Ameritech agrees to report on Urban Media unauthorized primary local exchange carrier changes separately from unauthorized PIC changes. (c) The Parties agree that in the event the Resale Tariff is withdrawn by Ameritech or materially revised, they will promptly meet and negotiate in good faith a revised procedure for resolving carrier selection disputes. If the Parties are unable to agree upon such revised procedure within thirty (30) days of a Party's request to commence the negotiations, the dispute resolution procedures set forth in Section 28.3 will be implemented.
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Carrier Selection Disputes. If any disputes should occur concerning the selection of a PLEC by a Customer of a Party, the dispute escalation procedures set forth in the Resale Tariff shall be followed. To the extent that the Resale Tariff is not in effect at the time of such dispute, the procedures set forth on Schedule 10.11.2 shall be followed.
Sample 1
Carrier Selection Disputes. If any disputes should occur concerning the selection of primary local exchange carriers by the Customers of a Party, the following dispute escalation procedures shall be followed: (a) If a Customer denies authorizing a change in his or her primary local exchange carrier selection to a different LEC (“Unauthorized Switching”), the Party that initiated the change shall switch that Customer back to the specified Carrier. In the case of unauthorized changes of any Customers, the Commission’s Guideline XVII.C.3 applies. (b) If CBT reports or otherwise provides information on unauthorized primary local exchange carrier changes to the FCC, the Commission or any other governmental entity, CBT agrees to report on SBCT unauthorized primary local exchange carrier changes separately from unauthorized PIC changes. (c) The Parties agree that in the event that there is no other Applicable Law relating to Local Exchange Carrier selection disputes, they will promptly meet and negotiate in good faith a revised procedure for resolving carrier selection disputes. If the Parties are unable to agree upon such revised procedure within thirty (30) days of a Party's request to commence the negotiations, the dispute resolution procedures set forth in Section 28.3 will be implemented.
Sample 1
Carrier Selection Disputes. If any disputes should occur concerning the selection of primary local exchange carriers by the Customers of a Party, the following dispute escalation procedures shall be followed: If a Customer denies authorizing a change in his or her primary local exchange carrier selection to a different LEC (“Unauthorized Switching”), the Party that initiated the change shall switch that Customer back to the specified Carrier. In the case of unauthorized changes of any Customers to another LEC, the Parties shall follow any Kentucky Public Service Commission Guideline or Regulation in existence and, in any event, shall cooperate to switch the customer back to the specific carrier.
Sample 1

Related to Carrier Selection Disputes

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • Governing Law; Disputes 15.1 The laws of the State of New York, U.S.A. govern this Agreement, and the relationships created by it, except for its laws regarding conflicts of law and arbitrability; the Federal Arbitration Act governs all issues of arbitrability. Neither party may bring a claim more than two years after the underlying cause of action first accrues. 15.2 Each party agrees to give the other prompt written notice of any claim, controversy, or dispute arising under or related to this Agreement, and both parties agree to engage in good faith discussions to resolve the matter. If that fails to resolve the matter promptly, upon the election of either party, the parties will participate in a non-binding mediation before a mutually agreed mediator. Any controversy, claim or dispute which is not resolved through the procedures set forth above within 60 days following the initial notice (or such longer period as the parties may agree) will be resolved by arbitration before a sole arbitrator who is an attorney, under the then-current Commercial Arbitration Rules of the American Arbitration Association. The duty and right to arbitrate will extend to any employee, officer, director, shareholder, agent, or affiliate, of a party to the extent that right or duty arises through a party or is related to this Agreement. The decision and award of the arbitrator will be final and binding, and the award rendered may be entered in any court having jurisdiction. The arbitrator is directed to hear and decide potentially dispositive motions in advance of a hearing on the merits by applying the applicable law to undisputed facts and documents. The arbitration will be held in Atlanta, Georgia, U.S.A. This Section 15.2, and the obligation to mediate and arbitrate, will not apply to claims for infringement, misappropriation or misuse of a party’s intellectual property or Confidential Information, or collection of sums owed to NCR Voyix under this Agreement. A party may at any time seek from a court of competent jurisdiction an injunction or other equitable relief in aid of arbitration. The arbitrator will not have authority to award punitive damages, non- compensatory damages, or any damages other than direct damages, nor have authority to award direct damages inconsistent with the limitations and exclusions set forth in this Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

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