Common use of Conversion of Wholesale Services to UNEs Clause in Contracts

Conversion of Wholesale Services to UNEs. 2.18.1 Where processes, including ordering and provisioning processes, for the conversion requested pursuant to this Agreement are not already in place, SBC MISSOURI shall use existing ordering and provisioning processes already developed for other UNEs, if possible; if doing so is not possible, SBC MISSOURI shall within an agreed upon timeframe determine what new processes are necessary and shall establish ordering processes as soon as reasonably possible, but no later than the agreed upon timeframe. SBC MISSOURI shall make all reasonable efforts to ensure any new process comports with applicable industry ordering guidelines. SBC MISSOURI will develop and implement processes, subject to any associated rates, terms and conditions. The Parties will comply with any applicable Change Management guidelines; provided however, that compliance with such Change Management guidelines shall not delay CLEC’s conversion request beyond an agreed upon timeframe. 2.18.3 Except as agreed to by the parties, SBC MISSOURI shall not impose any untariffed termination charges, or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time, in connection with any conversion between a wholesale service or group of wholesale services and a UNE or combination of UNEs available under Section 251. Nothing in this Section 2.18.3 prohibits SBC MISSOURI from imposing early termination charges otherwise applicable under the state or federal special access tariff to CLEC’s termination of existing long-term contract(s) under which CLEC is obtaining a discount. 2.18.4 For UNE conversion orders for which SBC MISSOURI has either a) not developed a process or b) developed a process that falls out for manual handling, SBC MISSOURI will charge CLEC the Electronic Service Order (Flow Thru) Record Simple charge for processing CLEC's orders until such process has been developed and XXXX agrees to immediately use the electronic process. Then SBC MISSOURI may charge the applicable service order charges and record change charges. 2.18.5 The Parties agree that converting between wholesale services, such as special access services, and UNEs or UNE combinations should be a seamless process, that would not create any unavoidable disruption to CLEC’s customer’s service or degradation in service quality. Since such conversions will only constitute a record and billing change and in no way impact the physical circuits involved the interval for completing conversions shall be mutually negotiated between the parties. In no event will the conversion interval exceed the standard interval applicable to the UNE(s) or UNE combination to which the wholesale service is being converted. Pricing changes begin the next billing cycle following the conversion request. 2.18.6 Unbundled network elements that have been Declassified will be available to CLEC as UNE combinations under Section 251 during the FCC’s mandated transition plan in the TRRO only if CLEC could request and SBC would be required to provide each UNE separately. SBC shall convert wholesale services to a UNE or UNE combination if CLEC would be entitled to obtain that UNE or UNE combination if it ordered it directly and not as a conversion. 2.18.6.1 This section 2.18.6 applies to any UNE or combination of UNEs, including whether or not such UNE or combination of UNEs had been previously converted from an SBC MISSOURI service. 2.18.7 In requesting a conversion of an SBC MISSOURI service, CLEC must submit its orders in accordance with the agreed guidelines and ordering requirements provided by SBC-MISSOURI that are applicable to converting the particular SBC MISSOURI service sought to be converted. SBC MISSOURI shall begin billing CLEC at the pricing applicable to the converted service arrangement (e.g., UNE Section 251 pricing if applicable) as of the beginning of the next billing cycle following the completion of activities necessary for performing the conversion, including, but not limited to, CLEC’s submission of a complete and accurate LSR/ASR requesting the conversion. 2.18.8 Nothing in this Attachment or Agreement is intended to permit or permits CLEC to supersede or dissolve any contract with SBC MISSOURI related to services that might be affected by Section 2.18, including but not limited to, contracts under which CLEC obtains discounted special access services. CLEC may terminate or modify its rights and obligations under any such contract, in whole or in part, only in accordance with its terms, including complying with any early termination penalties or charges that apply.

Conversion of Wholesale Services to UNEs. 2.18.1 10.1.1 Upon request, SBC shall convert a wholesale service, or group of wholesale services, to the equivalent UNE, or combination of UNEs, that is available to CLEC under terms and conditions set forth in this Attachment, so long as the CLEC and the wholesale service, or group of wholesale services, and the UNEs, or combination of UNEs, that would result from the conversion meet the eligibility criteria that may be applicable. (By way of example only, the statutory conditions would constitute one such eligibility criterion.) 10.1.2 Where processes, including ordering and provisioning processes, processes for the conversion requested pursuant to this Agreement Attachment are not already in place, SBC MISSOURI shall use existing ordering and provisioning processes already developed for other UNEs, if possible; if doing so is not possible, SBC MISSOURI shall within an agreed upon timeframe determine what new processes are necessary and shall establish ordering processes as soon as reasonably possible, but no later than the agreed upon timeframe. SBC MISSOURI shall make all reasonable efforts to ensure any new process comports with applicable industry ordering guidelines. SBC MISSOURI will develop and implement processes, subject to any associated rates, terms and conditions. The Parties will comply with any applicable Change Management guidelines; provided however. Unless otherwise agreed to in writing by the Parties, such conversion shall be completed in a manner so that compliance with the correct charge is reflected on the next billing cycle after CLEC’s request. SBC agrees that CLEC may request the conversion of such Change Management guidelines shall not delay special access circuits on a “project” basis. For other types of conversions, until such time as the Parties have agreed upon processes for such conversions, SBC agrees to process CLEC’s conversion request beyond an agreed upon timeframerequests on a case-by-case basis and without delay. 2.18.3 Except as agreed to by the parties, SBC MISSOURI shall not impose any untariffed termination charges, or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time, in connection with any conversion between a wholesale service or group of wholesale services and a UNE or combination of UNEs available under Section 251. Nothing in this Section 2.18.3 prohibits SBC MISSOURI from imposing early termination charges otherwise applicable under the state or federal special access tariff to CLEC’s termination of existing long-term contract(s) under which CLEC is obtaining a discount. 2.18.4 10.1.2.1 For UNE conversion orders for which SBC MISSOURI has either a) not developed a process or b) developed a process that falls out for manual handling, SBC MISSOURI will charge CLEC the Electronic Service Order (Flow Thru) Record Simple charge for processing CLEC's orders until such process has been developed and XXXX CLEC agrees to immediately use the electronic process. Then SBC MISSOURI may charge service order charges and/or record change charges, as applicable. 10.1.2.2 Except as agreed to by the Parties or otherwise provided hereunder, SBC shall not impose any untariffed termination charges, or any disconnection fees, re-connection fees, or charges associated with converting an existing wholesale service or group of wholesale services to UNEs or combinations of UNEs. SBC may charge applicable service order charges or record change charges. 10.1.3 SBC will complete CLEC conversion orders in accordance with the OSS guidelines in place in support of the conversion that the CLEC is requesting with any disruption to the end user’s service reduced to a minimum or, where technically feasible given current systems and processes, no disruption should occur. Where disruption is unavoidable due to technical considerations, SBC shall accomplish such conversions in a manner to minimize any disruption detectable to the end user. Where necessary or appropriate, SBC and CLEC shall coordinate such conversions 10.1.3.1 CLEC agrees to pay all non-recurring charges applicable to the conversion provided the order activities necessary to facilitate such conversion involves physical work (physical work does not include the re-use of facilities in the same configuration) and involve other than a “record order” transaction. The rates, terms and conditions associated with such transactions are set forth in the Pricing Schedule applicable to the service being transitioned to. To the extent that physical work is not involved in the conversion the applicable service order charges and record change and/or applicable non-recurring tariff order charges. 2.18.5 The Parties agree that converting between wholesale services, such if any, as special access services, and UNEs or UNE combinations should be a seamless process, that would not create any unavoidable disruption to CLEC’s customer’s service or degradation in service quality. Since such conversions will only constitute a record and billing change and in no way impact the physical circuits involved the interval for completing conversions shall be mutually negotiated between the parties. In no event will the conversion interval exceed the standard interval applicable to the UNE(s) or UNE combination to governed by this Agreement and/or Tariff from which the wholesale service being transitioned to is ordered, will be the only applicable charge. SBC will not impose any untariffed termination charges, or any disconnect fees, re-connect fees or charges associated with establishing a service for the first time, where the service is being converted. Pricing changes begin the next billing cycle following the conversion requestalready established and will remain in place. 2.18.6 Unbundled network elements that have been Declassified will be available to CLEC as UNE combinations under Section 251 during the FCC’s mandated transition plan in the TRRO only if CLEC could request and SBC would be required to provide each UNE separately. SBC shall convert wholesale services to a UNE or UNE combination if CLEC would be entitled to obtain that UNE or UNE combination if it ordered it directly and not as a conversion. 2.18.6.1 This section 2.18.6 applies to any UNE or combination of UNEs, including whether or not such UNE or combination of UNEs had been previously converted from an SBC MISSOURI service. 2.18.7 In requesting a conversion of an SBC MISSOURI service, CLEC must submit its orders in accordance with the agreed guidelines and ordering requirements provided by SBC-MISSOURI that are applicable to converting the particular SBC MISSOURI service sought to be converted. SBC MISSOURI shall begin billing CLEC at the pricing applicable to the converted service arrangement (e.g., UNE Section 251 pricing if applicable) as of the beginning of the next billing cycle following the completion of activities necessary for performing the conversion, including, but not limited to, CLEC’s submission of a complete and accurate LSR/ASR requesting the conversion. 2.18.8 Nothing in this Attachment or Agreement is intended to permit or permits CLEC to supersede or dissolve any contract with SBC MISSOURI related to services that might be affected by Section 2.18, including but not limited to, contracts under which CLEC obtains discounted special access services. CLEC may terminate or modify its rights and obligations under any such contract, in whole or in part, only in accordance with its terms, including complying with any early termination penalties or charges that apply.

Conversion of Wholesale Services to UNEs. 2.18.1 Where processes, including ordering and provisioning processes, for the conversion requested pursuant to this Agreement are not already in place, SBC MISSOURI TEXAS shall use existing ordering and provisioning processes already developed for other UNEs, if possible; if doing so is not possible, SBC MISSOURI TEXAS shall within an agreed upon timeframe determine what new processes are necessary and shall establish ordering processes as soon as reasonably possible, but no later than the agreed upon timeframe. SBC MISSOURI TEXAS shall make all reasonable efforts to ensure any new process comports with applicable industry ordering guidelines. SBC MISSOURI TEXAS will develop and implement processes, subject to any associated rates, terms and conditions. The Parties will comply with any applicable Change Management guidelines; provided however, that compliance with such Change Management guidelines shall not delay CLEC’s conversion request beyond an agreed upon timeframe. 2.18.3 2.18.2 Except as agreed to by the parties, SBC MISSOURI TEXAS shall not impose any untariffed termination charges, or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time, in connection with any conversion between a wholesale service or group of wholesale services and a UNE or combination of UNEs available under Section 251UNEs. Nothing in this Section 2.18.3 2.18.2 prohibits SBC MISSOURI TEXAS from imposing early termination charges otherwise applicable under the state or federal special access tariff to CLEC’s termination of existing long-term contract(s) under which CLEC is obtaining a discount. 2.18.3 SBC TEXAS may charge applicable record change charges. 2.18.4 For UNE conversion orders for which SBC MISSOURI TEXAS has either a) not developed a process or b) developed a process that falls out for manual handling, SBC MISSOURI TEXAS will charge CLEC the Electronic Service Order (Flow Thru) Record Simple charge for processing CLEC's orders until such process has been developed and XXXX CLEC agrees to immediately use the electronic process. Then SBC MISSOURI TEXAS may charge the applicable service order charges and record change charges. 2.18.5 This Section 2.18 only applies to situations where the wholesale service, or group of wholesale services, is comprised of UNEs offered or otherwise provided for in this Attachment, including commingled arrangements with wholesale services. The Parties agree that converting between wholesale services, such as special access services, and UNEs or UNE combinations should be a seamless process, that would not create any unavoidable disruption to CLEC’s customer’s service or degradation in service quality. Since such conversions will only constitute a record and billing change and in no way impact the physical circuits involved the interval for completing conversions shall be mutually negotiated between the parties. In no event will the conversion interval exceed the standard interval applicable to the UNE(s) or UNE combination to which the wholesale service is being converted. Pricing changes begin the next billing cycle following the conversion request. 2.18.6 Unbundled network elements that have been Declassified will be available to CLEC as UNE combinations under This Section 251 during the FCC’s mandated transition plan in the TRRO only if CLEC could request and SBC would be required to provide each UNE separately. SBC shall convert wholesale services to a UNE or UNE combination if CLEC would be entitled to obtain that UNE or UNE combination if it ordered it directly and not as a conversion. 2.18.6.1 This section 2.18.6 applies to any UNE or combination of UNEs, including whether or not such UNE or combination of UNEs had been previously converted from an SBC MISSOURI TEXAS service. 2.18.7 In requesting a conversion of an SBC MISSOURI TEXAS service, CLEC must submit its orders in accordance with the agreed guidelines and ordering requirements provided by SBC-MISSOURI SBC TEXAS that are applicable to converting the particular SBC MISSOURI TEXAS service sought to be converted. SBC MISSOURI TEXAS shall begin billing CLEC at the pricing applicable to the converted service arrangement (e.g., UNE Section 251 pricing if applicable) as of the beginning of the next billing cycle following the completion of activities necessary for performing the conversion, including, but not limited to, CLEC’s submission of a complete and accurate LSR/ASR requesting the conversion. CLEC is responsible for payment. 2.18.8 Nothing in this Attachment or Agreement is intended to permit or permits CLEC to supersede or dissolve any contract with SBC MISSOURI TEXAS related to services that might be affected by Section 2.18, including but not limited to, contracts under which CLEC obtains discounted special access services. CLEC may terminate or modify its rights and obligations under any such contract, in whole or in part, only in accordance with its terms, including complying with any early termination penalties or charges that apply.

Conversion of Wholesale Services to UNEs. 2.18.1 Where processes, including ordering and provisioning processes, for the conversion requested pursuant to this Agreement are not already in place, SBC MISSOURI TEXAS shall use existing ordering and provisioning processes already developed for other UNEs, if possible; if doing so is not possible, SBC MISSOURI TEXAS shall within an agreed upon timeframe determine what new processes are necessary and shall establish ordering processes as soon as reasonably possible, but no later than the agreed upon timeframe. SBC MISSOURI TEXAS shall make all reasonable efforts to ensure any new process comports with applicable industry ordering guidelines. SBC MISSOURI TEXAS will develop and implement processes, subject to any associated rates, terms and conditions. The Parties will comply with any applicable Change Management guidelines; provided however, that compliance with such Change Management guidelines shall not delay CLEC’s conversion request beyond an agreed upon timeframe. 2.18.3 2.18.2 Except as agreed to by the parties, SBC MISSOURI TEXAS shall not impose any untariffed termination charges, or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time, in connection with any conversion between a wholesale service or group of wholesale services and a UNE or combination of UNEs available under Section 251UNEs. Nothing in this Section 2.18.3 2.18.2 prohibits SBC MISSOURI TEXAS from imposing early termination charges otherwise applicable under the state or federal special access tariff to CLEC’s termination of existing long-term contract(s) under which CLEC is obtaining a discount. 2.18.3 SBC TEXAS may charge applicable record change charges. 2.18.4 For UNE conversion orders for which SBC MISSOURI TEXAS has either a) not developed a process or b) developed a process that falls out for manual handling, SBC MISSOURI TEXAS will charge CLEC the Electronic Service Order (Flow Thru) Record Simple charge for processing CLEC's orders until such process has been developed and XXXX CLEC agrees to immediately use the electronic process. Then SBC MISSOURI TEXAS may charge the applicable service order charges and record change charges. 2.18.5 This Section 2.18 only applies to situations where the wholesale service, or group of wholesale services, is comprised of UNEs offered or otherwise provided for in this Attachment, including commingled arrangements with wholesale services. The Parties agree that converting between wholesale services, such as special access services, and UNEs or UNE combinations should be a seamless process, that would not create any unavoidable disruption to CLEC’s customer’s service or degradation in service quality. Since ATTACHMENT 6: 251(C)(3)UNBUNDLED NETWORK ELEMENTS//SOUTHWESTERN BELL TELEPHONE, L.P. SBC TEXAS/ CLEC COALITION. such conversions will only constitute a record and billing change and in no way impact the physical circuits involved the interval for completing conversions shall be mutually negotiated between the parties. In no event will the conversion interval exceed the standard interval applicable to the UNE(s) or UNE combination to which the wholesale service is being converted. Pricing changes begin the next billing cycle following the conversion request. 2.18.6 Unbundled network elements that have been Declassified will be available to CLEC as UNE combinations under This Section 251 during the FCC’s mandated transition plan in the TRRO only if CLEC could request and SBC would be required to provide each UNE separately. SBC shall convert wholesale services to a UNE or UNE combination if CLEC would be entitled to obtain that UNE or UNE combination if it ordered it directly and not as a conversion. 2.18.6.1 This section 2.18.6 applies to any UNE or combination of UNEs, including whether or not such UNE or combination of UNEs had been previously converted from an SBC MISSOURI TEXAS service. 2.18.7 In requesting a conversion of an SBC MISSOURI TEXAS service, CLEC must submit its orders in accordance with the agreed guidelines and ordering requirements provided by SBC-MISSOURI SBC TEXAS that are applicable to converting the particular SBC MISSOURI TEXAS service sought to be converted. SBC MISSOURI TEXAS shall begin billing CLEC at the pricing applicable to the converted service arrangement (e.g., UNE Section 251 pricing if applicable) as of the beginning of the next billing cycle following the completion of activities necessary for performing the conversion, including, but not limited to, CLEC’s submission of a complete and accurate LSR/ASR requesting the conversion. CLEC is responsible for payment. 2.18.8 Nothing in this Attachment or Agreement is intended to permit or permits CLEC to supersede or dissolve any contract with SBC MISSOURI TEXAS related to services that might be affected by Section 2.18, including but not limited to, contracts under which CLEC obtains discounted special access services. CLEC may terminate or modify its rights and obligations under any such contract, in whole or in part, only in accordance with its terms, including complying with any early termination penalties or charges that apply.