Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above) or any Verizon Tarif or SGAT: 3.1.1 Verizon shall permit the Commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”), but only to the extent and so long as Commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Verizon shall, upon request of Lumos, perform the functions necessary to Commingle or combine unbundled Network Elements with Wholesale Services. The rates, terms and conditions of the applicable access Tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tariff, as applicable, will apply to the unbundled Network Elements; provided, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, in the absence of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall apply. Verizon may exclude its performance in connection with the provisioning of Commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (or any Verizon tariff or SGAT, but subject to and without limiting the conditions set forth in the following Section 2 above) or any 3.6.2, Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a an Verizon UNE Tariff tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as Commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) commingling is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. U.S.C. Part 51, Verizon shall, upon request of LumosCypress, perform the functions necessary to Commingle or combine unbundled Network Elements commingle Qualifying UNEs with Qualifying Wholesale Services. The Subject to Section 3.8.3 below, the rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network ElementsQualifying UNEs; provided, however, that, that a nonrecurring charge may applywill apply for each UNE circuit that is part of a commingled arrangement, to the extent permitted under as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. Qualifying UNEs that are commingled with a Qualifying Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using the applicable tariff. Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall apply. Verizon may exclude its ’s performance in connection with the provisioning of Commingled commingled facilities and services from shall not be subject to standard provisioning intervals and from intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that CDP is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosCDP, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 aboveabove and in Section 3.4.2 below) or any Verizon Tarif tariff or SGAT:
3.1.1 3.4.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 5151 (subject to Section 3.4.1.2 below), Verizon shall, upon request of LumosGlobal Crossing, perform the functions necessary to Commingle commingle or combine unbundled Network Elements Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 non- 251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network ElementsQualifying UNEs; provided, however, that, that a nonrecurring charge may applywill apply for each UNE circuit that is part of a commingled arrangement, to the extent permitted under as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. Qualifying UNEs that are commingled with a Qualifying Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above) or any Verizon Tarif or SGAT:
3.1.1 Verizon shall permit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“"Qualifying UNEs”"), with wholesale services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”), but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Verizon shall, upon request of LumosIntegra, perform the functions necessary to Commingle commingle or combine unbundled Network Elements with Wholesale Services. The rates, terms and conditions of the applicable access Tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tariff, as applicable, will apply to the unbundled Network Elements; provided, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos Integra obtains Commingling commingling of an unbundled Network Element circuit with a Wholesale Service(s). In addition, if any Commingling commingling requested by Lumos Integra requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then XxxxxxxVerizon's standard charges for such work shall apply or, in the absence of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in Exhibit A of the Agreement or a Verizon Tariff as determined by VerizonAgreement, shall apply. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere. However, and Lumos Verizon’s performance in connection with the provisioning of commingled facilities shall sign be subject to any waiver or other documentation that Verizon may request to give effect to this sentenceapplicable non- discrimination requirements of the Act.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 aboveabove and in Section 3.4.2 below) or any Verizon Tarif tariff or SGAT:
3.1.1 3.4.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 5151 (subject to Section 3.4.1.2 below), Verizon shall, upon request of LumosCovista, perform the functions necessary to Commingle commingle or combine unbundled Network Elements Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network ElementsQualifying UNEs; provided, however, that, that a nonrecurring charge may applywill apply for each UNE circuit that is part of a commingled arrangement, to the extent permitted under as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. Qualifying UNEs that are commingled with a Qualifying Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ARC is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosARC, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that RCN-B is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosRCN-B, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 aboveabove and in Section 3.4.2 below) or any Verizon Tarif tariff or SGAT:
3.1.1 3.4.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 5151 (subject to Section 3.4.1.2 below), Verizon shall, upon request of LumosEschelon, perform the functions necessary to Commingle commingle or combine unbundled Network Elements Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network ElementsQualifying UNEs; provided, however, that, that a nonrecurring charge may applywill apply for each UNE circuit that is part of a commingled arrangement, to the extent permitted under as set forth in the Pricing Attachment to this Amendment. “Ratcheting,” as that term is defined by the FCC, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. Qualifying UNEs that are commingled with a Qualifying Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that PNG is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosPNG, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that TCG is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosTCG, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Level 3 is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosXxxxx 0, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 aboveabove and in Section 3.4.2 below) or any Verizon Tarif tariff or SGAT:
3.1.1 3.4.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 5151 (subject to Section 3.4.1.2 below), Verizon shall, upon request of LumosCBB, perform the functions necessary to Commingle commingle or combine unbundled Network Elements Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network ElementsQualifying UNEs; provided, however, that, that a nonrecurring charge may applywill apply for each UNE circuit that is part of a commingled arrangement, to the extent permitted under as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. Qualifying UNEs that are commingled with a Qualifying Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that TWCIS (MA) is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosTWCIS (MA), perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting [Section 4.4 below, and] the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and [and] [or] 47 C.F.R. Part 51, or under a Verizon UNE Tariff tariff [or under other applicable law] [(“Qualifying UNEs”)], with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318[ or other applicable law]. As required by the Arbitration Order, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ***CLEC Acronym TXT*** is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and [47 C.F.R. Part 51§ 51.318][applicable law](subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of Lumos***CLEC Acronym TXT***, perform the functions necessary to Commingle commingle or combine unbundled Network Elements [Qualifying ]UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; provided, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, in the absence of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall apply. Verizon may exclude its performance in connection with the provisioning of Commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence[Qualifying] UNEs.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (or any Verizon tariff or SGAT, but subject to and without limiting the conditions set forth in the following Section 2 above) or any 3.6.2, Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit, and hereby permits, the Commingling Ccommingling of an unbundled Network Element or a combination cCombination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. U.S.C. Part 51, Verizon shall, upon request of Lumos***CLEC Acronym TXT***, perform the functions necessary to Commingle cCommingle or combine unbundled Network Elements Qualifying UNEs with Qualifying Wholesale Services. The Subject to Section 3.8.3 below, the rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network ElementsQualifying UNEs; provided, however, that, that a nonrecurring charge may applywill apply for each UNE circuit that is part of a commingled arrangement, to the extent permitted under as set forth in the Pricing Attachment to this Amendment, when Lumos obtains Commingling . This charge is intended to offset Verizon’s costs of an unbundled implementing and managing commingled arrangements. Verizon shall not deny access to a Network Element circuit or a Combination of Network Elements on the grounds that one or more of the Network Elements (i) is connected to, attached to, linked to, associated with, or combined with, a facility or service obtained from Verizon; or (ii) shares part of Verizon’s network with a access services or inputs for Non-qualifying Services. When ***CLEC Acronym TXT*** purchases Commingled Network Elements and Qualifying Wholesale Service(s)Services from Verizon, Verizon shall charge ***CLEC Acronym TXT*** on an element-by-element and service-by-service rate. In addition“Ratcheting,” as that term is defined by the FCC, if any Commingling requested by Lumos requires Verizon to perform physical work shall not be required. Qualifying UNEs that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, are commingled with Qualifying Wholesale Services are not included in the absence shared use provisions of a standard charge, a fee calculated using the applicable tariff. Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall apply. Verizon may exclude its ’s performance in connection with the provisioning of Commingled commingled facilities and services from shall not be subject to standard provisioning intervals and from intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhereunder Applicable Lawelsewhere. In addition, Verizon shall cooperate fully with ***CLEC Acronym TXT*** to ensure that operational policies and Lumos procedures implemented to effect Commingled arrangements shall sign be handled in such a manner as to not operationally or practically impair or impede ***CLEC Acronym TXT***’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user perspective. For the avoidance of any waiver doubt, Xxxxxxx acknowledges and agrees that the language of this TRO Attachment complies with and satisfies the requirements of Verizon’s wholesale and access tariffs with respect to Commingling. Verizon shall not change its wholesale or other documentation access tariffs in any fashion that impacts the availability or provision of Commingling under this TRO Attachment or the Agreement, unless Verizon may request and ***CLEC Acronym TXT*** have amended this TRO Attachment and the Agreement in advance to give effect to this sentenceaddress Xxxxxxx’s proposed tariff changes.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Qwest is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosQwest, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Spectrotel is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosSpectrotel, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that RNK is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosRNK, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that XO is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosXO, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that AT&T is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosAT&T, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51. As required by the Arbitration Order, "Qualifying Wholesale Services" as used herein include, but are not limited to, any elements that SPRINT obtains from Verizon pursuant to Section 271 of the Act; provided, however, that Verizon may price Section 271 elements at market-based rates that are not subject to the requirements of Section 252 of the Act, and in no event shall Verizon be required to provide a non-Section 251 element at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) and 47 C.F.R. Part 5151.318 (subject to Section 3.11.1.2 below), Verizon shall, upon request of LumosSPRINT, perform the functions necessary to Commingle commingle or combine unbundled Network Elements Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network ElementsQualifying UNEs; provided, however, that, that a nonrecurring charge may applywill apply for each UNE circuit that is part of a commingled arrangement, to the extent permitted under provided for in the Pricing Attachment to this Amendment. Any such charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. Qualifying UNEs that are commingled with a Qualifying Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department expressly requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that RCN is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosRCN, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Conversent is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosConversent, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (or any Verizon tariff or SGAT, but subject to and without limiting the conditions set forth in the following Section 2 above) or any 3.6.2, Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. .. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. U.S.C. Part 51, Verizon shall, upon request of Lumos***CLEC Acronym TXT***, perform the functions necessary to Commingle commingle or combine unbundled Network Elements Qualifying UNEs with Qualifying Wholesale Services. The Subject to Section 3.8.3 below, theThe rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network ElementsQualifying UNEs; provided, however, that, that a nonrecurring charge may applywill apply for each UNE circuit that is part of a commingled arrangement, to the extent permitted under as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. Qualifying UNEs that are commingled with a Qualifying Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using the applicable tariff. Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall apply. Verizon may exclude its ’s performance in connection with the provisioning of Commingled commingled facilities and services from shall not be subject to standard provisioning intervals and from intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Equal Access is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosEqual Access, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that IDT is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosIDT, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 aboveabove and in Section 3.4.2 below) or any Verizon Tarif tariff or SGAT:
3.1.1 3.4.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff tariff (“Qualifying UNEs”), with wholesale services obtained from Verizon under a Verizon access Tariff tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 5151 (subject to Section 3.4.1.2 below), Verizon shall, upon request of LumosBullsEye, perform the functions necessary to Commingle commingle or combine unbundled Network Elements Qualifying UNEs with Qualifying Wholesale Services. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Qualifying Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network ElementsQualifying UNEs; provided, however, that, that a nonrecurring charge may applywill apply for each UNE circuit that is part of a commingled arrangement, to the extent permitted under as set forth in the Pricing Attachment to this Amendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. Qualifying UNEs that are commingled with a Qualifying Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that Verizon may request to give effect to this sentence.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that MetTel is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosMetTel, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that PaeTec is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosPaeTec, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ACN is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosACN, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
Commingling. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4 below, and the conditions set forth in Section 2 above) or any above and in Section 3.11.2 below):
3.11.1.1 Verizon Tarif or SGAT:
3.1.1 Verizon shall permit will not prohibit the Commingling commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”)tariff or under other applicable law, with wholesale services Wholesale Services obtained from Verizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”)Verizon, but only to the extent and so long as Commingling commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and under 47 C.F.R. Part 51§ 51.318 or other applicable law. As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ANTC is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 U.S.C. C.F.R. § 251(c)(3) 51.318 or other applicable law (subject to Sections 3.11.1.3 and 47 C.F.R. Part 513.11.2 below), Verizon shall, upon request of LumosANTC, perform the functions necessary to Commingle commingle or combine unbundled Network Elements UNEs with Wholesale ServicesServices obtained from Verizon. The rates, terms and conditions of the applicable access Tariff tariff or separate non-251 agreement will apply to the Wholesale Services, and the rates, terms and conditions of the Amended Agreement or the Verizon UNE Tarifftariff, as applicable, will apply to the unbundled Network Elements; providedUNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Lumos obtains Commingling of an unbundled Network Element circuit shall not be required. UNEs that are commingled with a Wholesale Service(s). In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Xxxxxxx's standard charges for such work shall apply or, Services are not included in the absence shared use provisions of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall applyapplicable tariff. Verizon may exclude its performance in connection with the provisioning of Commingled commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and Lumos remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall sign any waiver or other documentation that Verizon may request apply to give effect to this sentencethe extent and for so long as they remain effective.
Appears in 1 contract
Samples: Interconnection Agreement
