Common use of Changes in End User Local Exchange Service Provider Selection Clause in Contracts

Changes in End User Local Exchange Service Provider Selection. 26.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligations. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 5 contracts

Samples: Wholesale Agreement, MFN Agreement, Clec Agreement

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Changes in End User Local Exchange Service Provider Selection. 26.1 Each Party will abide 31.1 Prior to submitting an order under this Agreement, CLEC shall obtain End User authorization as required by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself regulations, and in assuming assumes responsibility for any applicable charges as specified in Section 258(b) of the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsAct. Each Party SBC-13STATE shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection abide by the other Party at its request during normal business hours same applicable laws and at no chargeregulations. 26.2 31.2 Only an End User can initiate a challenge to a change in its LEClocal service provider. If an End User notifies one Party SBC-13STATE or CLEC that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User, except in those instances where the End User's account is local PIC protected. It is the responsibility of the End User to provide authorization in a FCC approved format to the current provider of record to remove local service provider protection before any changes in local service provider are processed. 26.3 31.2.1 SBC-13STATE shall be free to connect an End User to any competitive local exchange carrier based upon that competitive local exchange carrier’s request and that competitive local exchange carrier’s assurance that proper End User authorization has been obtained. CLEC shall make any such authorization it has obtained available to SBC-13STATE upon request and at no charge. 31.2.2 The following applies to AM-MI only: 31.2.2.1 The Parties will adhere to the requirements adopted by the Commission in its Case No. U-11900 with respect to the selection of primary local exchange carriers and primary interexchange carriers. 31.3 When an End User changes or withdraws authorization from its LECauthorization, each Party shall release End Usercustomer-specific facilities belonging to the ILEC in accordance with the End User’s 's direction or that the direction of the End User’s 's authorized agent. Further, when an End User abandons its premise (that ispremise, its place of business or domicile), AT&T-22STATE SBC-13STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User customer and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 31.4 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service exchange service (slamming) at the request on behalf of the other Party or a Third Party. If SBC-13STATE, on behalf of CLEC, agrees to investigate an alleged incidence of slamming, SBC-13STATE shall charge CLEC an investigation fee as set forth in Appendix Pricing in the “Other (Resale)” category, listed as “Slamming Investigation Fee.” 31.5 Should SBC-13STATE receive an order from CLEC for services under this Agreement, and SBC-13STATE is currently providing the same services to another local service provider for the same End User, CLEC agrees that SBC-13STATE may notify the local service provider from whom the End User is being converted of CLEC's order coincident with or following processing CLEC’s order. It shall then be the responsibility of the former local service provider of record and CLEC to resolve any issues related to the End User. This Section 31.5 shall not apply to new or additional lines and services purchased by the End User from multiple CLECs or from SBC- 13STATE. 31.5.1 If SBC-13STATE receives an order from another local service provider to convert services for an End User for whom CLEC is the current local service provider of record, and if CLEC already subscribes to the Local Disconnect Report (“LDR”), described in Section 20.9, then SBC-13STATE shall notify CLEC of such order coincident with or following processing such order. It shall be the responsibility of CLEC and the other local service provider to resolve any issues related to the End User. This Section 31.5.1 shall not apply to new or additional lines and services purchased by an End User from multiple CLECs or from SBC-13STATE. 31.6 In addition to any other indemnity obligations in this Agreement or any Appendix attached to this Agreement, CLEC shall release, indemnify, hold harmless and defend SBC-13STATE against any and all liability and Claims, including reasonable attorney’s fees, which may result from SBC-13STATE acting under this Section 31. 31.7 Notwithstanding anything contained in this Section 31, nothing herein shall be interpreted or construed to apply to the transfer of provisioning of CLEC End Users' accounts pursuant to Section 10.6. 31.8 When a End User changes its service provider from SBC-13STATE to CLEC or from CLEC to SBC-13STATE and does not retain its original telephone number, the Party formerly providing service to such End User shall furnish a referral announcement (“Referral Announcement”) on the original telephone number that specifies the End User’s new telephone number. 31.8.1 The following pertains to AM-IL, AM-WI and PACIFIC only: 31.8.1.1 Referral Announcements shall be provided by a Party to the other Party for the period of time and at the rates set forth in the referring Party’s tariff(s); provided, however, that each if either Party provides Referral Announcements for a period different (either shorter or longer) than the period(s) stated in its tariff(s) when its End Users change their telephone numbers, such Party shall cooperate with any investigation provide the same level of service to End Users of the other Party. 31.8.2 The following applies to AM-IN only: 31.8.2.1 Referral Announcements shall be provided by a complaint alleging an unauthorized change Party to the other Party for the period specified in local Exchange Service 170 IAC 7-1.1-11(I)(3)(a) and (b) and at the request rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period different than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the FCC or other Party. 31.8.3 The following applies to AM-MI only: 31.8.3.1 Referral Announcements shall be provided by a Party to the applicable state Commissionother Party for the period specified in Michigan Administrative Rule 484.134 and at the rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period longer than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the other Party. 31.8.4 The following applies to AM-OH only: 31.8.4.1 Referral Announcements shall be provided by a Party to the other Party for the period of time specified in Rule 4901:1-5-12, Ohio Administrative Code and at the rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period longer than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the other Party.

Appears in 4 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 24.1 SBC-ILEC (Excluding SNET) 24.1.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in Section 258(b) of the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in Telecommunications Act of 1996. Each Party shall deliver to the case other Party a representation of AT&T CONNECTICUT only, tariff obligationsauthorization that applies to all orders submitted by a Party under this Agreement requiring a LEC change. A Party's representation of authorization shall be delivered to the other Party prior to the first order submitted to the other Party. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 24.1.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) the applicable Appendix OSS restricting access to CPNI in order to immediately provide service to such End User. 26.3 24.1.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE SBC-ILEC is free to reclaim the 251(c)(3) UNE unbundled Network Element facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 Each Party will abide 31.1 Prior to submitting an order under this Agreement, CLEC shall obtain End User authorization as required by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself regulations, and in assuming assumes responsibility for any applicable charges as specified in Section 258(b) of the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsAct. Each Party SBC-13STATE shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection abide by the other Party at its request during normal business hours same applicable laws and at no chargeregulations. 26.2 31.2 Only an End User can initiate a challenge to a change in its LEClocal service provider. If an End User notifies one Party SBC-13STATE or CLEC that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User, except in those instances where the End User's account is local PIC protected. It is the responsibility of the End User to provide authorization in a FCC approved format to the current provider of record to remove local service provider protection before any changes in local service provider are processed. 26.3 31.2.1 SBC-13STATE shall be free to connect an End User to any competitive local exchange carrier based upon that competitive local exchange carrier’s request and that competitive local exchange carrier’s assurance that proper End User authorization has been obtained. CLEC shall make any such authorization it has obtained available to SBC-13STATE upon request and at no charge. 31.2.2 The following applies to AM-MI only: 31.2.2.1 The Parties will adhere to the requirements adopted by the Commission in its Xxxx Xx. X- 00000 with respect to the selection of primary local exchange carriers and primary interexchange carriers. 31.3 When an End User changes or withdraws authorization from its LECauthorization, each Party shall release End Usercustomer-specific facilities belonging to the ILEC in accordance with the End User’s 's direction or that the direction of the End User’s 's authorized agent. Further, when an End User abandons its premise (that ispremise, its place of business or domicile), AT&T-22STATE SBC-13STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User customer and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 31.4 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service exchange service (slamming) at the request on behalf of the other Party or a Third Party; provided. 31.5 Should SBC-13STATE receive an order from CLEC for services under this Agreement, howeverand SBC-13STATE is currently providing the same services to another local service provider for the same End User, CLEC agrees that each Party SBC-13STATE may notify the local service provider from whom the End User is being converted of CLEC's order coincident with or following processing CLEC’s order. It shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at then be the request responsibility of the FCC or the applicable state Commission.former local service provider of record and CLEC to resolve any issues related to the

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 24.1 Applies to SBC-12STATE only. 24.1.1 Each Party will abide by applicable state or federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Service Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), ) and any applicable state regulation and in regulation. Each Party shall deliver to the case other Party a representation of AT&T CONNECTICUT only, tariff obligationsauthorization that applies to all orders submitted by a Party under this Agreement requiring a LEC change. A Party's representation of authorization shall be delivered to the other Party prior to the first order submitted to the other Party. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 24.1.2 Only an End User can initiate a challenge to a change in its LECLocal Exchange Carrier. If an End User notifies one Party that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) the applicable Appendix OSS restricting access to CPNI in order to immediately provide service to such End User. 26.3 When 24.1. 3When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its the premise (that is, its place of business or domicile), AT&T-22STATE SBC-12STATE is free to reclaim the 251(c)(3) UNE unbundled Network Element facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 24.1 Applies to SBC-12STATE only Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), ) and any applicable state regulation and in regulation. . Each Party shall deliver to the case other Party a representation of AT&T CONNECTICUT only, tariff obligationsauthorization that applies to all orders submitted by a Party under this Agreement requiring a LEC change. A Party's representation of authorization shall be delivered to the other Party prior to the first order submitted to the other Party. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 . Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) the applicable Appendix OSS restricting access to CPNI in order to immediately provide service to such End User. 26.3 . When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE SBC-12STATE is free to reclaim the 251(c)(3) UNE unbundled Network Element facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 24.1 Each Party will abide by applicable appliacble federal and state laws and regulations andregulations in obtaining obtaniing End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in ain assuming responsibility for any applicable charges resposnibility forany applicablecharges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT onlyoAfT&T CONNECTICUTonly, tariff obligations. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 24.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) OSS restricting access to CPNI in order to immediately provide service to such End User. 26.3 24.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile)domiAcTile&)T, AT&T-22STATE -22STATE is free to reclaim the 251(c)(3) UNE facilities for facilitisefor use by another End User and is free to issue tiossue service orders required to reclaim such facilities. 26.4 24.4 When an End User of CLEC CARRIER elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEincludingAT&T-22STATE, AT&T-22STATE shall AT&T-22STATEshall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold serviceCARRIER, and regardless of whether the End User served Usesrerved with such facilities faiclities has paid padi all charges to CLEC CARRIER or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.otherwiseA.

Appears in 2 contracts

Samples: Clec Agreement, Clec Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 25.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligations. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 25.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) OSS restricting access to CPNI in order to immediately provide service to such End User. 26.3 25.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 25.4 When an End User of CLEC CARRIER elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided used to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold serviceprovide LWC to CARRIER, and regardless of whether the End User served with such facilities has paid all charges to CLEC CARRIER or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC CARRIER that such a request has been processed after the disconnect order has been completed. 26.5 25.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 2 contracts

Samples: General Terms and Conditions (Lightyear Network Solutions, Inc.), General Terms and Conditions

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and Page 45 of 68 Contract Id: 4636383 General Terms and Conditions/AT&T-21STATE Page 42 of 55 INTEGRATED Version: 3Q15 – Intercarrier Compensation – 09/16/15 any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T-21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 2 contracts

Samples: Wholesale Agreement, Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T-21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 2 contracts

Samples: Intercarrier Compensation Agreement, Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 Each Party will abide 31.1 Prior to submitting an order under this Agreement, CLEC shall obtain End User authorization as required by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself regulations, and in assuming assumes responsibility for any applicable charges as specified in Section 258(b) of the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsAct. Each Party SBC-13STATE shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection abide by the other Party at its request during normal business hours same applicable laws and at no chargeregulations. 26.2 31.2 Only an End User can initiate a challenge to a change in its LEClocal service provider. If an End User notifies one Party SBC-13STATE or CLEC that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User, except in those instances where the End User's account is local PIC protected. It is the responsibility of the End User to provide authorization in a FCC approved format to the current provider of record to remove local service provider protection before any changes in local service provider are processed. 26.3 31.2.1 SBC-13STATE shall be free to connect an End User to any competitive local exchange carrier based upon that competitive local exchange carrier’s request and that competitive local exchange carrier’s assurance that proper End User authorization has been obtained. CLEC shall make any such authorization it has obtained available to SBC-13STATE upon request and at no charge. 31.2.2 The following applies to AM-MI only: 31.2.2.1 The Parties will adhere to the requirements adopted by the Commission in its Case No. U- 11900 with respect to the selection of primary local exchange carriers and primary interexchange carriers. 31.3 When an End User changes or withdraws authorization from its LECauthorization, each Party shall release End Usercustomer-specific facilities belonging to the ILEC in accordance with the End User’s 's direction or that the direction of the End User’s 's authorized agent. Further, when an End User abandons its premise (that ispremise, its place of business or domicile), AT&T-22STATE SBC-13STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User customer and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 31.4 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service exchange service (slamming) at the request on behalf of the other Party or a Third Party; provided. 31.5 Should SBC-13STATE receive an order from CLEC for services under this Agreement, howeverand SBC-13STATE is currently providing the same services to another local service provider for the same End User, CLEC agrees that each Party SBC-13STATE may notify the local service provider from whom the End User is being converted of CLEC's order coincident with or following processing CLEC’s order. It shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at then be the request responsibility of the FCC or the applicable state Commission.former local service provider of record and CLEC to resolve any issues related to the

Appears in 1 contract

Samples: Resale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 Each Party will abide 31.1 Prior to submitting an order under this Agreement, CLEC shall obtain End User authorization as required by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself regulations, and in assuming assumes responsibility for any applicable charges as specified in Section 258(b) of the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsAct. Each Party SBC-13STATE shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection abide by the other Party at its request during normal business hours same applicable laws and at no chargeregulations. 26.2 31.2 Only an End User can initiate a challenge to a change in its LEClocal service provider. If an End User notifies one Party SBC-13STATE or CLEC that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User, except in those instances where the End User's account is local PIC protected. It is the responsibility of the End User to provide authorization in a FCC approved format to the current provider of record to remove local service provider protection before any changes in local service provider are processed. 26.3 31.2.1 SBC-13STATE shall be free to connect an End User to any competitive local exchange carrier based upon that competitive local exchange carrier’s request and that competitive local exchange carrier’s assurance that proper End User authorization has been obtained. CLEC shall make any such authorization it has obtained available to SBC-13STATE upon request and at no charge. 31.2.2 The following applies to AM-MI only: 31.2.2.1 The Parties will adhere to the requirements adopted by the Commission in its Case No. U-11900 with respect to the selection of primary local exchange carriers and primary interexchange carriers. 31.3 When an End User changes or withdraws authorization from its LECauthorization, each Party shall release End Usercustomer-specific facilities belonging to the ILEC in accordance with the End User’s 's direction or that the direction of the End User’s 's authorized agent. Further, when an End User abandons its premise (that ispremise, its place of business or domicile), AT&T-22STATE SBC-13STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User customer and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 31.4 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service exchange service (slamming) at the request on behalf of the other Party or a Third Party; provided. 31.5 Should SBC-13STATE receive an order from CLEC for services under this Agreement, howeverand SBC-13STATE is currently providing the same services to another local service provider for the same End User, CLEC agrees that each Party SBC-13STATE may notify the local service provider from whom the End User is being converted of CLEC's order coincident with or following processing CLEC’s order. It shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.then be

Appears in 1 contract

Samples: Resale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 25.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligations. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 25.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) OSS restricting access to CPNI in order to immediately provide service to such End User. 26.3 25.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T 22STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 25.4 When an End User of CLEC CARRIER elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided used to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold serviceprovide LWC to CARRIER, and regardless of whether the End User served with such facilities has paid all charges to CLEC CARRIER or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC CARRIER that such a request has been processed after the disconnect order has been completed. 26.5 25.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Telecommunications

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and Page 46 of 89 Contract Id: 88466649955503 General Terms and Conditions/AT&T-21STATE Page 42 of 55 SPECTROTEL Version: 4Q15 – Intercarrier Compensation – 10/21/15 any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T-21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 24.1 Applies to SBC-12STATE only. Page 44 of 562 GENERAL TERMS AND CONDITIONS Page 40 of 93 NEVADA/MCIMETRO ACCESS TRANSMISSION SERVICES LLC 24.1.1 Each Party will abide by applicable state or federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Service Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), ) and any applicable state regulation and in regulation. Each Party shall deliver to the case other Party a representation of AT&T CONNECTICUT only, tariff obligationsauthorization that applies to all orders submitted by a Party under this Agreement requiring a LEC change. A Party's representation of authorization shall be delivered to the other Party prior to the first order submitted to the other Party. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 24.1.2 Only an End User can initiate a challenge to a change in its LECLocal Exchange Carrier. If an End User notifies one Party that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) the applicable Appendix OSS restricting access to CPNI in order to immediately provide service to such End User. 26.3 When 24.1. 3When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its the premise (that is, its place of business or domicile), AT&T-22STATE SBC-12STATE is free to reclaim the 251(c)(3) UNE unbundled Network Element facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Interconnection Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T- 21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed.. Page 47 of 494 Contract Id: 4729178 General Terms and Conditions/AT&T-21STATE Page 43 of 55 CONTERRA Version: 4Q15 – ICA – 10/19/15 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities.. Page 47 of 301 Contract Id: 8521025 General Terms and Conditions/AT&T-21STATE Page 43 of 55 MEDIA LINK Version: 2Q17 – ICA – 06/29/17 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T- 21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T- 21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed.. Page 47 of 291 Contract Id: 84936007326880 ETEX 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&TOKLAHOMA- is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC Comcast Phone elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE AT&T OKLAHOMA AT&T OKLAHOMA shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwiseComcast Phone. AT&T-22STATE AT&T OKLAHOMA will notify CLEC Comcast Phone that such a request has been processed after the disconnect order has been completed. 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Wholesale Agreement

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Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Page 47 of 527 Contract Id: 78839652439671 General Terms and Conditions/AT&T-21STATE Page 43 of 56 UNITI FIBER Version: 2Q17 – ICA – 06/29/17 Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T- 21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Interconnection Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User.. Page 47 of 140 Contract Id: 8706861 Version: 2Q17 – ICA – 06/29/17 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the AT&T-21STATE facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T-21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T- 21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed.. Page 47 of 280 Contract Id: 4806261 Version: 1Q16 – ICA – 03/10/16 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 24.1 Applies to SBC-12STATE only Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), ) and any applicable state regulation and in regulation. Each Party shall deliver to the case other Party a representation of AT&T CONNECTICUT only, tariff obligationsauthorization that applies to all orders submitted by a Party under this Agreement requiring a LEC change. A Party's representation of authorization shall be delivered to the other Party prior to the first order submitted to the other Party. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 . Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) the applicable Appendix OSS restricting access to CPNI in order to immediately provide service to such End User. 26.3 . When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE SBC-12STATE is free to reclaim the 251(c)(3) UNE unbundled Network Element facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 24.1.4 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service exchange service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service exchange service at the request of the FCC or the applicable state Commission. If SBC-13STATE, at the request of CLEC, agrees to investigate an alleged incidence of slamming, SBC-13STATE shall charge CLEC an investigation fee as set forth in Appendix Pricing in the "Other (Resale)" category, listed as "Slamming Investigation Fee."

Appears in 1 contract

Samples: Interconnection Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 Each Party will abide 31.1 Prior to submitting an order under this Agreement, CLEC shall obtain End User authorization as required by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself regulations, and in assuming assumes responsibility for any applicable charges as specified in Section 258(b) of the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsAct. Each Party SBC-13STATE shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection abide by the other Party at its request during normal business hours same applicable laws and at no chargeregulations. 26.2 31.2 Only an End User can initiate a challenge to a change in its LEClocal service provider. If an End User notifies one Party SBC-13STATE or CLEC that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User, except in those instances where the End User's account is local PIC protected. It is the responsibility of the End User to provide authorization in a FCC approved format to the current provider of record to remove local service provider protection before any changes in local service provider are processed. 26.3 31.2.1 SBC-13STATE shall be free to connect an End User to any competitive local exchange carrier based upon that competitive local exchange carrier’s request and that competitive local exchange carrier’s assurance that proper End User authorization has been obtained. CLEC shall make any such authorization it has obtained available to SBC-13STATE upon request and at no charge. 31.2.2 The following applies to AM-MI only: 31.2.2.1 The Parties will adhere to the requirements adopted by the Commission in its Case No. U-11900 with respect to the selection of primary local exchange carriers and primary interexchange carriers. 31.3 When an End User changes or withdraws authorization from its LECauthorization, each Party shall release End Usercustomer-specific facilities belonging to the ILEC in accordance with the End User’s 's direction or that the direction of the End User’s 's authorized agent. Further, when an End User abandons its premise (that ispremise, its place of business or domicile), AT&T-22STATE SBC-13STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User customer and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 31.4 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service exchange service (slamming) at the request on behalf of the other Party or a Third Party. If SBC-13STATE, on behalf of CLEC, agrees to investigate an alleged incidence of slamming, SBC-13STATE shall charge CLEC an investigation fee as set forth in Appendix Pricing in the “Other (Resale)” category, listed as “Slamming Investigation Fee.” 31.5 Should SBC-13STATE receive an order from CLEC for services under this Agreement, and SBC-13STATE is currently providing the same services to another local service provider for the same End User, CLEC agrees that SBC-13STATE may notify the local service provider from whom the End User is being converted of CLEC's order coincident with or following processing CLEC’s order. It shall then be the responsibility of the former local service provider of record and CLEC to resolve any issues related to the End User. This Section 31.5 shall not apply to new or additional lines and services purchased by the End User from multiple CLECs or from SBC- 13STATE. 31.5.1 If SBC-13STATE receives an order from another local service provider to convert services for an End User for whom CLEC is the current local service provider of record, and if CLEC already subscribes to the Local Disconnect Report (“LDR”), described in Section 20.9, then SBC-13STATE shall notify CLEC of such order coincident with or following processing such order. It shall be the responsibility of CLEC and the other local service provider to resolve any issues related to the End User. This Section 31.5.1 shall not apply to new or additional lines and services purchased by an End User from multiple CLECs or from SBC-13STATE. 31.6 In addition to any other indemnity obligations in this Agreement or any Appendix attached to this Agreement, CLEC shall release, indemnify, hold harmless and defend SBC-13STATE against any and all liability and Claims, including reasonable attorney’s fees, which may result from SBC-13STATE acting under this Section 31. 31.7 Notwithstanding anything contained in this Section 31, nothing herein shall be interpreted or construed to apply to the transfer of provisioning of CLEC End Users' accounts pursuant to Section 10.6. 31.8 When a End User changes its service provider from SBC-13STATE to CLEC or from CLEC to SBC-13STATE and does not retain its original telephone number, the Party formerly providing service to such End User shall furnish a referral announcement 31.8.1 The following pertains to AM-IL, AM-WI and PACIFIC only: 31.8.1.1 Referral Announcements shall be provided by a Party to the other Party for the period of time and at the rates set forth in the referring Party’s tariff(s); provided, however, that each if either Party provides Referral Announcements for a period different (either shorter or longer) than the period(s) stated in its tariff(s) when its End Users change their telephone numbers, such Party shall cooperate with any investigation provide the same level of service to End Users of the other Party. 31.8.2 The following applies to AM-IN only: 31.8.2.1 Referral Announcements shall be provided by a complaint alleging an unauthorized change Party to the other Party for the period specified in local Exchange Service 170 IAC 7-1.1-11(I)(3)(a) and (b) and at the request rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period different than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the FCC or other Party. 31.8.3 The following applies to AM-MI only: 31.8.3.1 Referral Announcements shall be provided by a Party to the applicable state Commissionother Party for the period specified in Michigan Administrative Rule 484.134 and at the rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period longer than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the other Party. 31.8.4 The following applies to AM-OH only: 31.8.4.1 Referral Announcements shall be provided by a Party to the other Party for the period of time specified in Rule 4901:1-5-12, Ohio Administrative Code and at the rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period longer than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the other Party.

Appears in 1 contract

Samples: Resale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 Each Party will abide 31.1 Prior to submitting an order under this Agreement, CLEC shall obtain End User authorization as required by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself regulations, and in assuming assumes responsibility for any applicable charges as specified in Section 258(b) of the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsAct. Each Party SBC-13STATE shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection abide by the other Party at its request during normal business hours same applicable laws and at no chargeregulations. 26.2 31.2 Only an End User can initiate a challenge to a change in its LEClocal service provider. If an End User notifies one Party SBC-13STATE or CLEC that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User, except in those instances where the End User's account is local PIC protected. It is the responsibility of the End User to provide authorization in a FCC approved format to the current provider of record to remove local service provider protection before any changes in local service provider are processed. 26.3 31.2.1 SBC-13STATE shall be free to connect an End User to any competitive local exchange carrier based upon that competitive local exchange carrier’s request and that competitive local exchange carrier’s assurance that proper End User authorization has been obtained. CLEC shall make any such authorization it has obtained available to SBC-13STATE upon request and at no charge. 31.2.2 The following applies to AM-MI only: 31.2.2.1 The Parties will adhere to the requirements adopted by the Commission in its Case No. U-11900 with respect to the selection of primary local exchange carriers and primary interexchange carriers. 31.3 When an End User changes or withdraws authorization from its LECauthorization, each Party shall release End Usercustomer-specific facilities belonging to the ILEC in accordance with the End User’s 's direction or that the direction of the End User’s 's authorized agent. Further, when an End User abandons its premise (that ispremise, its place of business or domicile), AT&T-22STATE SBC-13STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User customer and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 31.4 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service exchange service (slamming) at the request on behalf of the other Party or a Third Party. If SBC-13STATE, on behalf of CLEC, agrees to investigate an alleged incidence of slamming, SBC-13STATE shall charge CLEC an investigation fee as set forth in Appendix Pricing in the “Other (Resale)” category, listed as “Slamming Investigation Fee.” 31.5 Should SBC-13STATE receive an order from CLEC for services under this Agreement, and SBC-13STATE is currently providing the same services to another local service provider for the same End User, CLEC agrees that SBC- 13STATE may notify the local service provider from whom the End User is being converted of CLEC's order coincident with or following processing CLEC’s order. It shall then be the responsibility of the former local service provider of record and CLEC to resolve any issues related to the End User. This Section 31.5 shall not apply to new or additional lines and services purchased by the End User from multiple CLECs or from SBC-13STATE. 31.5.1 If SBC-13STATE receives an order from another local service provider to convert services for an End User for whom CLEC is the current local service provider of record, and if CLEC already subscribes to the Local Disconnect Report (“LDR”), described in Section 20.9, then SBC- 13STATE shall notify CLEC of such order coincident with or following processing such order. It shall be the responsibility of CLEC and the other local service provider to resolve any issues related to the End User. This Section 31.5.1 shall not apply to new or additional lines and services purchased by an End User from multiple CLECs or from SBC-13STATE. 31.6 In addition to any other indemnity obligations in this Agreement or any Appendix attached to this Agreement, CLEC shall release, indemnify, hold harmless and defend SBC-13STATE against any and all liability and Claims, including reasonable attorney’s fees, which may result from SBC-13STATE acting under this Section 31. 31.7 Notwithstanding anything contained in this Section 31, nothing herein shall be interpreted or construed to apply to the transfer of provisioning of CLEC End Users' accounts pursuant to Section 10.6. 31.8 When a End User changes its service provider from SBC-13STATE to CLEC or from CLEC to SBC-13STATE and does not retain its original telephone number, the Party formerly providing service to such End User shall furnish a referral announcement (“Referral Announcement”) on the original telephone number that specifies the End User’s new telephone number. 31.8.1 The following pertains to AM-IL, AM-WI and PACIFIC only: 31.8.1.1 Referral Announcements shall be provided by a Party to the other Party for the period of time and at the rates set forth in the referring Party’s tariff(s); provided, however, that each if either Party provides Referral Announcements for a period different (either shorter or longer) than the period(s) stated in its tariff(s) when its End Users change their telephone numbers, such Party shall cooperate with any investigation provide the same level of service to End Users of the other Party.‌ 31.8.2 The following applies to AM-IN only: 31.8.2.1 Referral Announcements shall be provided by a complaint alleging an unauthorized change Party to the other Party for the period specified in local Exchange Service 170 IAC 7-1.1- 11(I)(3)(a) and (b) and at the request rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period different than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the FCC or other Party. 31.8.3 The following applies to AM-MI only: 31.8.3.1 Referral Announcements shall be provided by a Party to the applicable state Commissionother Party for the period specified in Michigan Administrative Rule 484.134 and at the rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period longer than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the other Party. 31.8.4 The following applies to AM-OH only: 31.8.4.1 Referral Announcements shall be provided by a Party to the other Party for the period of time specified in Rule 4901:1-5- 12, Ohio Administrative Code and at the rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period longer than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the other Party.

Appears in 1 contract

Samples: Resale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge.. Page 45 of 68 Contract Id: 4416528 Version: 3Q14 – Standalone Intercarrier Compensation – 09/30/14 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T-21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T- 21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed.. Page 47 of 276 Contract Id: 4800340 Version: 1Q16 – ICA – 03/10/16 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Wholesale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 Each Party will abide ‌ 31.1 Prior to submitting an order under this Agreement, CLEC shall obtain End User authorization as required by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself regulations, and in assuming assumes responsibility for any applicable charges as specified in Section 258(b) of the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsAct. Each Party SBC-13STATE shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection abide by the other Party at its request during normal business hours same applicable laws and at no chargeregulations. 26.2 31.2 Only an End User can initiate a challenge to a change in its LEClocal service provider. If an End User notifies one Party SBC-13STATE or CLEC that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User, except in those instances where the End User's account is local PIC protected. It is the responsibility of the End User to provide authorization in a FCC approved format to the current provider of record to remove local service provider protection before any changes in local service provider are processed. 26.3 31.2.1 SBC-13STATE shall be free to connect an End User to any competitive local exchange carrier based upon that competitive local exchange carrier’s request and that competitive local exchange carrier’s assurance that proper End User authorization has been obtained. CLEC shall make any such authorization it has obtained available to SBC-13STATE upon request and at no charge. 31.2.2 The following applies to AM-MI only: 31.2.2.1 The Parties will adhere to the requirements adopted by the Commission in its Case No. U-11900 with respect to the selection of primary local exchange carriers and primary interexchange carriers. 31.3 When an End User changes or withdraws authorization from its LECauthorization, each Party shall release End Usercustomer-specific facilities belonging to the ILEC in accordance with the End User’s 's direction or that the direction of the End User’s 's authorized agent. Further, when an End User abandons its premise (that ispremise, its place of business or domicile), AT&T-22STATE SBC-13STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User customer and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 31.4 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service exchange service (slamming) at the request on behalf of the other Party or a Third Party. If SBC-13STATE, on behalf of CLEC, agrees to investigate an alleged incidence of slamming, SBC-13STATE shall charge CLEC an investigation fee as set forth in Appendix Pricing in the “Other (Resale)” category, listed as “Slamming Investigation Fee.” 31.5 Should SBC-13STATE receive an order from CLEC for services under this Agreement, and SBC-13STATE is currently providing the same services to another local service provider for the same End User, CLEC agrees that SBC- 13STATE may notify the local service provider from whom the End User is being converted of CLEC's order coincident with or following processing CLEC’s order. It shall then be the responsibility of the former local service provider of record and CLEC to resolve any issues related to the End User. This Section 31.5 shall not apply to new or additional lines and services purchased by the End User from multiple CLECs or from SBC-13STATE. 31.5.1 If SBC-13STATE receives an order from another local service provider to convert services for an End User for whom CLEC is the current local service provider of record, and if CLEC already subscribes to the Local Disconnect Report (“LDR”), described in Section 20.9, then SBC- 13STATE shall notify CLEC of such order coincident with or following processing such order. It shall be the responsibility of CLEC and the other local service provider to resolve any issues related to the End User. This Section 31.5.1 shall not apply to new or additional lines and services purchased by an End User from multiple CLECs or from SBC-13STATE. 31.6 In addition to any other indemnity obligations in this Agreement or any Appendix attached to this Agreement, CLEC shall release, indemnify, hold harmless and defend SBC-13STATE against any and all liability and Claims, including reasonable attorney’s fees, which may result from SBC-13STATE acting under this Section 31. 31.7 Notwithstanding anything contained in this Section 31, nothing herein shall be interpreted or construed to apply to the transfer of provisioning of CLEC End Users' accounts pursuant to Section 10.6. 31.8 When a End User changes its service provider from SBC-13STATE to CLEC or from CLEC to SBC-13STATE and does not retain its original telephone number, the Party formerly providing service to such End User shall furnish a referral announcement (“Referral Announcement”) on the original telephone number that specifies the End User’s new telephone number. 31.8.1 The following pertains to AM-IL, AM-WI and PACIFIC only: 31.8.1.1 Referral Announcements shall be provided by a Party to the other Party for the period of time and at the rates set forth in the referring Party’s tariff(s); provided, however, that each if either Party provides Referral Announcements for a period different (either shorter or longer) than the period(s) stated in its tariff(s) when its End Users change their telephone numbers, such Party shall 31.8.2 The following applies to AM-IN only: 31.8.2.1 Referral Announcements shall be provided by a Party to the other Party for the period specified in 170 IAC 7-1.1- 11(I)(3)(a) and (b) and at the rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period different than the above period(s) when its End Users change their telephone numbers, such Party shall cooperate with any investigation provide the same level of service to End Users of the other Party. 31.8.3 The following applies to AM-MI only: 31.8.3.1 Referral Announcements shall be provided by a complaint alleging an unauthorized change Party to the other Party for the period specified in local Exchange Service Michigan Administrative Rule 484.134 and at the request rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period longer than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the FCC or other Party. 31.8.4 The following applies to AM-OH only: 31.8.4.1 Referral Announcements shall be provided by a Party to the applicable state Commissionother Party for the period of time specified in Rule 4901:1-5- 12, Ohio Administrative Code and at the rates set forth in the referring Party’s tariff(s). However, if either Party provides Referral Announcements for a period longer than the above period(s) when its End Users change their telephone numbers, such Party shall provide the same level of service to End Users of the other Party.

Appears in 1 contract

Samples: Resale Agreement

Changes in End User Local Exchange Service Provider Selection. 26.1 28.1 Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), and any applicable state regulation and in the case of AT&T CONNECTICUT only, tariff obligationsregulation. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 28.2 Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) restricting access to CPNI in order to immediately provide service to such End User. 26.3 28.3 When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE AT&T-21STATE is free to reclaim the 251(c)(3) UNE facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 28.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATEAT&T-21STATE, AT&T-22STATE AT&T-21STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE AT&T- 21STATE will notify CLEC that such a request has been processed after the disconnect order has been completed.. CN:03232023-11438 000046 26.5 28.5 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service at the request of the FCC or the applicable state Commission.

Appears in 1 contract

Samples: Telecommunications

Changes in End User Local Exchange Service Provider Selection. 26.1 24.1 Applies to SBC-12STATE only Each Party will abide by applicable federal and state laws and regulations in obtaining End User authorization prior to changing an End User’s Local Exchange Carrier to itself and in assuming responsibility for any applicable charges as specified in the FCC’s rules regarding Subscriber Carrier Selection Changes (47 CFR 64.1100 through 64.1170), ) and any applicable state regulation and in regulation. . Each Party shall deliver to the case other Party a representation of AT&T CONNECTICUT only, tariff obligationsauthorization that applies to all orders submitted by a Party under this Agreement requiring a LEC change. A Party's representation of authorization shall be delivered to the other Party prior to the first order submitted to the other Party. Each Party shall retain on file all applicable letters and other documentation of authorization relating to its End User’s selection of such Party as its LEC, which documentation shall be available for inspection by the other Party at its request during normal business hours and at no charge. 26.2 . Only an End User can initiate a challenge to a change in its LEC. If an End User notifies one Party that the End User requests local Exchange Serviceexchange service, and the other Party is such End User’s LEC, then the Party receiving such request shall be free to immediately access such End User’s CPNI subject to the requirements of Attachment 07 – Operations Support Systems (OSS) the applicable Appendix OSS restricting access to CPNI in order to immediately provide service to such End User. 26.3 . When an End User changes or withdraws authorization from its LEC, each Party shall release End User-specific facilities belonging to the ILEC in accordance with the End User’s direction or that of the End User’s authorized agent. Further, when an End User abandons its premise (that is, its place of business or domicile), AT&T-22STATE SBC-12STATE is free to reclaim the 251(c)(3) UNE unbundled Network Element facilities for use by another End User and is free to issue service orders required to reclaim such facilities. 26.4 When an End User of CLEC elects to discontinue service and to transfer service to another Local Exchange Carrier, including AT&T-22STATE, AT&T-22STATE shall have the right to reuse the facilities provided to CLEC, regardless of whether those facilities are provided as network elements or as part of a resold service, and regardless of whether the End User served with such facilities has paid all charges to CLEC or has been denied service for nonpayment or otherwise. AT&T-22STATE will notify CLEC that such a request has been processed after the disconnect order has been completed. 26.5 24.1.4 Neither Party shall be obligated by this Agreement to investigate any allegations of unauthorized changes in local Exchange Service exchange service (slamming) at the request of the other Party; provided, however, that each Party shall cooperate with any investigation of a complaint alleging an unauthorized change in local Exchange Service exchange service at the request of the FCC or the applicable state Commission. If SBC-13STATE, at the request of CLEC, agrees to investigate an alleged incidence of slamming, SBC-13STATE shall charge CLEC an investigation fee as set forth in Appendix Pricing in the "Other (Resale)" category, listed as "Slamming Investigation Fee."

Appears in 1 contract

Samples: Interconnection Agreement

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