Common use of Combination of Network Elements Clause in Contracts

Combination of Network Elements. 9.3.1 CBT shall provide Network Elements as specified in Schedule 9.3.2 to CLEC in a manner that shall allow CLEC to combine such Network Elements (a “Combination”) with CLEC services or elements in order to provide a Telecommunications Service. 9.3.2 CBT shall make available to CLEC the following Combinations as described in Schedule 9.3.2 at the rates set forth in the Pricing Schedule for so long as CBT provides the same Combinations pursuant to a previously executed interconnection agreement with another carrier, or as otherwise ordered by the Commission. Combinations that include the “Unbundled Local Loop” will be priced and configured with the Two Wire Analog Voice Grade Loop Element as described in Schedule 9.2.1. 9.3.2.1 Loop Combination. 9.3.2.2 Loop/Transport Combination #1 (EEL #1). (VG Interface) 9.3.2.3 Loop/Transport Combination #2 (EEL #2). (DS1 Interface) 9.3.3 Any request by CLEC for CBT to provide any Combination other than as set forth in Section 9.3.2, to combine the unbundled Network Elements of CBT with CLEC or to perform any other function under this Section 9.3 shall be made by CLEC in accordance with Section 9.6. 9.3.4 CBT shall not separate requested network elements that CBT currently combines. 9.3.5 For a special access circuit that existed (i.e. installed and operational) before the Eighth Circuit Court decision (i.e. July 18, 2000), CBT is required to convert this circuit, upon request of CLEC, within calendar 30 days from the date CBT receives the request. 9.3.6 For a special access circuit requested and/or installed after the Eighth Circuit Court decision (i.e. July 18, 2000), CBT is not required to perform the conversion of that circuit to an EEL within 3 months from the date the circuit was installed. A conversion request by CLEC after this period, should be performed by CBT within 30 calendar days from the date it receives that request. 9.3.7 CBT will convert an CLEC special access circuit to a UNE combination or EEL if it meets one of the following three conditions: 9.3.7.1 CLEC is the exclusive provide of an end user's local exchange service. The loop-transport combination must terminate at CLEC's collocation arrangement in at least one CBT central office. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, CLEC is the end user's only local service provider, and thus, is providing more than a significant amount of local exchange service. CLEC can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 9.3.7.2 CLEC certifies that it provides local exchange and exchange access service to end user customer's premises and handles at least one third of the end user customer's local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing (e.g., DS1 multiplexed to DS3 level), each of the individual DS1 circuits must meet this criteria. The loop-transport combination must terminate at CLEC's collocation arrangement in at least one CBT central office. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, CLEC's provision of at least one third of an end user's local traffic is significant because it indicates that the carrier is providing more than a de minimis amount, but less than all, of the end user's local service. CLEC may use unbundled loop-transport combinations to serve the end user as long as the active channels on the facility, and the entire facility, are being used to provide the amount of local exchange service specified in this section, thereby offering CLEC some flexibility to use the combinations to provide other services besides local exchange service; or 9.3.7.3 CLEC certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing (e.g., DS1 multiplexed to DS3 level), each of the individual DS1 circuits must meet this criterion. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, collocation is not required. CLEC does not need to provide a defined portion of the end user's local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this section. 9.3.8 CBT shall allow CLEC to self-certify that it is providing a significant amount of local exchange service over combinations of unbundled network elements. For this purpose, a letter sent to CBT by CLEC shall be considered a practical method of certification. The letter shall indicate under what local usage option CLEC seeks to qualify. 9.3.9 To confirm reasonable compliance with the local usage requirements set forth in this section, CBT may conduct limited audits only to the extent reasonably necessary to determine a requesting carrier's compliance with the local usage options. CBT shall hire and pay for an independent auditor to perform the audit, and CLEC shall reimburse CBT if the audit uncovers non- compliance with the local usage options. CBT shall provide at least 30 calendar days written notice to CLEC that it will conduct an audit. At the same time CBT provides notice of an audit to CLEC, CBT should also send a copy of the notice to the FCC. CBT may not conduct more than one audit of CLEC in any calendar year unless an audit reveals non-compliance. Any audit shall not impose an undue financial burden on CLEC, and CBT shall verify CLEC's compliance using the records that CLEC keeps in the normal course of business. CBT shall not require CLEC to submit to an audit prior to provisioning EELs. 9.3.10 For purposes of conversion, CBT shall not disconnect the special access circuit and reconnect it. 9.3.11 If CBT charges CLEC for the conversion of special access circuits to EELs, such a charge shall be TELRIC-based and shall be submitted to the Commission for approval.

Combination of Network Elements. 9.3.1 CBT shall provide Network Elements as specified in Schedule 9.3.2 to CLEC in a manner that shall allow CLEC to combine such Network Elements (a “Combination”) with CLEC services or elements in order to provide a Telecommunications Service. 9.3.2 CBT shall make available to CLEC the following Combinations as described in Schedule 9.3.2 at the rates set forth in the Pricing Schedule for so long as CBT provides the same Combinations pursuant to a previously executed interconnection agreement with another carrier, or as otherwise ordered by the Commission. Combinations that include the “Unbundled Local Loop” will be priced and configured with the Two Wire Analog Voice Grade Loop Element as described in Schedule 9.2.1. 9.3.2.1 Loop Combination. 9.3.2.2 Loop/Transport Combination #1 (EEL #1). (VG Interface) 9.3.2.3 Loop/Transport Combination #2 (EEL #2). (DS1 Interface) 9.3.3 Any request by CLEC for CBT to provide any Combination other than as set forth in Section 9.3.2, to combine the unbundled Network Elements of CBT with CLEC or to perform any other function under this Section 9.3 shall be made by CLEC in accordance with Section 9.6. 9.3.4 CBT shall not separate requested network elements that CBT currently combines. 9.3.5 For a special access circuit that existed (i.e. installed and operational) before the Eighth Circuit Court decision (i.e. July 18, 2000), CBT is required to convert this circuit, upon request of CLEC, within calendar 30 days from the date CBT receives the request. 9.3.6 For a special access circuit requested and/or installed after the Eighth Circuit Court decision (i.e. July 18, 2000), CBT is not required to perform the conversion of that circuit to an EEL within 3 months from the date the circuit was installed. A conversion request by CLEC after this period, should be performed by CBT within 30 calendar days from the date it receives that request. 9.3.7 CBT will convert an CLEC special access circuit to a UNE combination or EEL if it meets one of the following three conditions: 9.3.7.1 CLEC is the exclusive provide of an end user's local exchange service. The loop-transport combination must terminate at CLEC's collocation arrangement in at least one CBT central office. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, CLEC is the end user's only local service provider, and thus, is providing more than a significant amount of local exchange service. CLEC can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 9.3.7.2 CLEC certifies that it provides local exchange and exchange access service to end user customer's premises and handles at least one third of the end user customer's local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-loop- transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing (e.g., DS1 multiplexed to DS3 level), each of the individual DS1 circuits must meet this criteria. The loop-transport combination must terminate at CLEC's collocation arrangement in at least one CBT central office. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, CLEC's provision of at least one third of an end user's local traffic is significant because it indicates that the carrier is providing more than a de minimis amount, but less than all, of the end user's local service. CLEC may use unbundled loop-transport combinations to serve the end user as long as the active channels on the facility, and the entire facility, are being used to provide the amount of local exchange service specified in this section, thereby offering CLEC some flexibility to use the combinations to provide other services besides local exchange service; or 9.3.7.3 CLEC certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing (e.g., DS1 multiplexed to DS3 level), each of the individual DS1 circuits must meet this criterion. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, collocation is not required. CLEC does not need to provide a defined portion of the end user's local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this section. 9.3.8 CBT shall allow CLEC to self-certify that it is providing a significant amount of local exchange service over combinations of unbundled network elements. For this purpose, a letter sent to CBT by CLEC shall be considered a practical method of certification. The letter shall indicate under what local usage option CLEC seeks to qualify. 9.3.9 To confirm reasonable compliance with the local usage requirements set forth in this section, CBT may conduct limited audits only to the extent reasonably necessary to determine a requesting carrier's compliance with the local usage options. CBT shall hire and pay for an independent auditor to perform the audit, and CLEC shall reimburse CBT if the audit uncovers non- compliance with the local usage options. CBT shall provide at least 30 calendar days written notice to CLEC that it will conduct an audit. At the same time CBT provides notice of an audit to CLEC, CBT should also send a copy of the notice to the FCC. CBT may not conduct more than one audit of CLEC in any calendar year unless an audit reveals non-compliance. Any audit shall not impose an undue financial burden on CLEC, and CBT shall verify CLEC's compliance using the records that CLEC keeps in the normal course of business. CBT shall not require CLEC to submit to an audit prior to provisioning EELs. 9.3.10 For purposes of conversion, CBT shall not disconnect the special access circuit and reconnect it. 9.3.11 If CBT charges CLEC for the conversion of special access circuits to EELs, such a charge shall be TELRIC-based and shall be submitted to the Commission for approval.

Combination of Network Elements. 9.3.1 CBT shall provide Network Elements as specified in Schedule 9.3.2 to CLEC SBCT in a manner that shall allow CLEC SBCT to combine such Network Elements (a “Combination”) with CLEC SBCT services or elements in order to provide a Telecommunications Service. 9.3.2 CBT shall make available to CLEC SBCT the following Combinations as described in Schedule 9.3.2 at the rates set forth in the Pricing Schedule for so long as CBT provides the same Combinations pursuant to a previously executed interconnection agreement with another carrier, or as otherwise ordered by the Commission. Combinations that include the “Unbundled Local Loop” will be priced and configured with the Two Wire Analog Voice Grade Loop Element as described in Schedule 9.2.1. 9.3.2.1 Loop Combination. 9.3.2.2 Loop/Transport Combination #1 (EEL #1). (VG Interface) 9.3.2.3 Loop/Transport Combination #2 (EEL #2). (DS1 Interface) 9.3.3 Any request by CLEC SBCT for CBT to provide any Combination other than as set forth in Section 9.3.2, to combine the unbundled Network Elements of CBT with CLEC SBCT or to perform any other function under this Section 9.3 shall be made by CLEC SBCT in accordance with Section 9.6. 9.3.4 CBT shall not separate requested network elements that CBT currently combines, which includes Unbundled Network Element Platform (UNE-P) switch, port and loop existing combinations. 9.3.5 For a special access circuit that existed (i.e. installed and operational) before the Eighth Circuit Court decision (i.e. July 18, 2000), CBT is required to convert this circuit, upon request of CLECSBCT, within calendar 30 days from the date CBT receives the request. 9.3.6 For a special access circuit requested and/or installed after the Eighth Circuit Court decision (i.e. July 18, 2000), CBT is not required to perform the conversion of that circuit to an EEL within 3 months from the date the circuit was installed. A conversion request by CLEC SBCT after this period, should be performed by CBT within 30 calendar days from the date it receives that request. 9.3.7 CBT will convert an CLEC SBCT special access circuit to a UNE combination or EEL if it meets one of the following three conditions: 9.3.7.1 CLEC SBCT is the exclusive provide provider of an end user's local exchange service. The loop-transport combination must terminate at CLECSBCT's collocation arrangement in at least one CBT central office. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, CLEC SBCT is the end user's only local service provider, and thus, is providing more than a significant amount of local exchange service. CLEC SBCT can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 9.3.7.2 CLEC SBCT certifies that it provides local exchange and exchange access service to end user customer's premises and handles at least one third of the end user customer's local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing (e.g., DS1 multiplexed to DS3 level), each of the individual DS1 circuits must meet this criteria. The loop-transport combination must terminate at CLECSBCT's collocation arrangement in at least one CBT central office. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, CLECSBCT's provision of at least one third of an end user's local traffic is significant because it indicates that the carrier is providing more than a de minimis amount, but less than all, of the end user's local service. CLEC SBCT may use unbundled loop-transport combinations to serve the end user as long as the active channels on the facility, and the entire facility, are being used to provide the amount of local exchange service specified in this sectionSection, thereby offering CLEC SBCT some flexibility to use the combinations to provide other services besides local exchange service; or 9.3.7.3 CLEC SBCT certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing (e.g., DS1 multiplexed to DS3 level), each of the individual DS1 circuits must meet this criterion. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, collocation is not required. CLEC SBCT does not need to provide a defined portion of the end user's local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this sectionSection. 9.3.8 CBT shall allow CLEC SBCT to self-certify that it is providing a significant amount of local exchange service over combinations of unbundled network elements. For this purpose, a letter sent to CBT by CLEC SBCT shall be considered a practical method of certification. The letter shall indicate under what local usage option CLEC SBCT seeks to qualify. 9.3.9 To confirm reasonable compliance with the local usage requirements set forth in this sectionSection, CBT may conduct limited audits only to the extent reasonably necessary to determine a requesting carrier's compliance with the local usage options. CBT shall hire and pay for an independent auditor to perform the audit, and CLEC SBCT shall reimburse CBT if the audit uncovers non- non-compliance with the local usage options. CBT shall provide at least 30 calendar days written notice to CLEC SBCT that it will conduct an audit. At the same time CBT provides notice of an audit to CLECSBCT, CBT should also send a copy of the notice to the FCC. CBT may not conduct more than one audit of CLEC SBCT in any calendar year unless an audit reveals non-compliance. Any audit shall not impose an undue financial burden on CLECSBCT, and CBT shall verify CLECSBCT's compliance using the records that CLEC SBCT keeps in the normal course of business. CBT shall not require CLEC SBCT to submit to an audit prior to provisioning EELs. 9.3.10 For purposes of conversion, CBT shall not disconnect the special access circuit and reconnect it. 9.3.11 If CBT charges CLEC SBCT for the conversion of special access circuits to EELs, such a charge shall be TELRIC-based and shall be submitted to the Commission for approval.

Combination of Network Elements. 9.3.1 CBT shall provide Network Elements as specified in Schedule 9.3.2 to CLEC in a manner that shall allow CLEC to combine such Network Elements (a “Combination”) with CLEC services or elements in order to provide a Telecommunications Service. 9.3.2 CBT shall make available to CLEC the following Combinations as described in Schedule 9.3.2 at the rates set forth in the Pricing Schedule for so long as CBT provides the same Combinations pursuant to a previously executed interconnection agreement with another carrier, or as otherwise ordered by the Commission. Combinations that include the “Unbundled Local Loop” will be priced and configured with the Two Wire Analog Voice Grade Loop Element as described in Schedule 9.2.1. 9.3.2.1 Loop Combination. 9.3.2.2 Loop/Transport Combination #1 (EEL #1). ) (VG Interface) 9.3.2.3 Loop/Transport Combination #2 (EEL #2). ) (DS1 Interface) 9.3.3 Any request by CLEC for CBT to provide any Combination other than as set forth in Section 9.3.2, to combine the unbundled Network Elements of CBT with CLEC or to perform any other function under this Section 9.3 shall be made by CLEC in accordance with Section 9.6. 9.3.4 CBT shall not separate requested network elements that CBT currently combines. 9.3.5 For a special access circuit that existed (i.e. installed and operational) before the Eighth Circuit Court decision (i.e. July 18, 2000), CBT is required to convert this circuit, upon request of CLEC, within calendar 30 days from the date CBT receives the request. 9.3.6 For a special access circuit requested and/or installed after the Eighth Circuit Court decision (i.e. July 18, 2000), CBT is not required to perform the conversion of that circuit to an EEL within 3 months from the date the circuit was installed. A conversion request by CLEC after this period, should be performed by CBT within 30 calendar days from the date it receives that request. 9.3.7 CBT will convert an CLEC special access circuit to a UNE combination or EEL if it meets one of the following three conditions: 9.3.7.1 CLEC is the exclusive provide of an end user's local exchange service. The loop-transport combination must terminate at CLEC's collocation arrangement in at least one CBT central office. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, CLEC is the end user's only local service provider, and thus, is providing more than a significant amount of local exchange service. CLEC can then use the loop-transport combinations that serve the end user to carry any type of traffic, including using them to carry 100 percent interstate access traffic; or 9.3.7.2 CLEC certifies that it provides local exchange and exchange access service to end user customer's premises and handles at least one third of the end user customer's local traffic measured as a percent of total end user customer local dialtone lines; and for DS1 circuits and above, at least 50 percent of the activated channels on the loop portion of the loop-loop- transport combination have at least 5 percent local voice traffic individually, and the entire loop facility has at least 10 percent local voice traffic. When a loop-transport combination includes multiplexing (e.g., DS1 multiplexed to DS3 level), each of the individual DS1 circuits must meet this criteria. The loop-transport combination must terminate at CLEC's collocation arrangement in at least one CBT central office. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, CLEC's provision of at least one third of an end user's local traffic is significant because it indicates that the carrier is providing more than a de minimis amount, but less than all, of the end user's local service. CLEC may use unbundled loop-transport combinations to serve the end user as long as the active channels on the facility, and the entire facility, are being used to provide the amount of local exchange service specified in this section, thereby offering CLEC some flexibility to use the combinations to provide other services besides local exchange service; or 9.3.7.3 CLEC certifies that at least 50 percent of the activated channels on a circuit are used to provide originating and terminating local dialtone service and at least 50 percent of the traffic on each of these local dialtone channels is local voice traffic, and that the entire loop facility has at least 33 percent local voice traffic. When a loop-transport combination includes multiplexing (e.g., DS1 multiplexed to DS3 level), each of the individual DS1 circuits must meet this criterion. This option does not allow loop-transport combinations to be connected to CBT's tariffed services. Under this option, collocation is not required. CLEC does not need to provide a defined portion of the end user's local service, but the active channels on any loop-transport combination, and the entire facility, must carry the amount of local exchange traffic specified in this section. 9.3.8 CBT shall allow CLEC to self-certify that it is providing a significant amount of local exchange service over combinations of unbundled network elements. For this purpose, a letter sent to CBT by CLEC shall be considered a practical method of certification. The letter shall indicate under what local usage option CLEC seeks to qualify. 9.3.9 To confirm reasonable compliance with the local usage requirements set forth in this section, CBT may conduct limited audits only to the extent reasonably necessary to determine a requesting carrier's compliance with the local usage options. CBT shall hire and pay for an independent auditor to perform the audit, and CLEC shall reimburse CBT if the audit uncovers non- compliance with the local usage options. CBT shall provide at least 30 calendar days written notice to CLEC that it will conduct an audit. At the same time CBT provides notice of an audit to CLEC, CBT should also send a copy of the notice to the FCC. CBT may not conduct more than one audit of CLEC in any calendar year unless an audit reveals non-compliance. Any audit shall not impose an undue financial burden on CLEC, and CBT shall verify CLEC's compliance using the records that CLEC keeps in the normal course of business. CBT shall not require CLEC to submit to an audit prior to provisioning EELs. 9.3.10 For purposes of conversion, CBT shall not disconnect the special access circuit and reconnect it. 9.3.11 If CBT charges CLEC for the conversion of special access circuits to EELs, such a charge shall be TELRIC-based and shall be submitted to the Commission for approval.