Customer Authorization. 18.3.1 Without in any way limiting either Party’s obligations under subsection 27.1, each Party shall comply with Applicable Law with regard to Customer selection of a primary Telephone Exchange Service provider. 18.3.2 In the event either Party requests that the other Party install, provide, change, or terminate a Customer’s Telecommunications Service (including, but not limited to, a Customer’s selection of a primary Telephone Exchange Service Provider) and (a) fails to provide documentary evidence of the Customer’s primary Telephone Exchange Service Provider selection upon request, or (b) fails to obtain authorization from the Customer for such installation, provision, selection, change or termination in accordance with Applicable Law, then in addition to any other rights or remedies available to the other Party, the requesting Party shall be liable to the other Party for all charges that would be applicable to the Customer for the initial change in the Customer’s Telecommunications Service and any charges for restoring the Customer’s Telecommunications Service to its Customer-authorized condition, including to the appropriate primary Telephone Exchange Service provider. 18.3.3 Without in any way limiting Level 3’s obligations under subsection 27.1, Level 3 shall comply with Applicable Law with regard to Customer Proprietary Network Information, including, but not limited to, 47 U.S.C. § 222. Level 3 shall not access (including, but not limited to, through BA OSS Services (as defined in Schedule 12.3) and BA Pre-OSS Services), use, or disclose Customer Proprietary Network Information made available to Level 3 by BA pursuant to this Agreement unless Level 3 has obtained any Customer authorization for such access, use and/or disclosure required by Applicable Law. By accessing, using or disclosing Customer Proprietary Network Information, Level 3 represents and warrants that it has obtained authorization for such action from the applicable Customer in the manner required by Applicable Law and this Agreement. Level 3 shall, upon request by BA, provide proof of such authorization (including a copy of any written authorization). 18.3.4 BA shall have the right to monitor and/or audit Level 3’s access to and use and/or disclosure of Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this Agreement to ascertain whether Level 3 is complying with the requirements of Applicable Law and this Agreement with regard to such access, use, and/or disclosure. To the extent permitted by Applicable Law, the foregoing right shall include, but not be limited to, the right to electronically monitor Level 3’s access to and use of Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this Agreement.
Appears in 5 contracts
Samples: Interconnection Agreement, Interconnection Agreement (Wave2Wave Communications, Inc.), Interconnection Agreement (Wave2Wave Communications, Inc.)
Customer Authorization. 18.3.1 22.3.1 Without in any way limiting either Party’s obligations under subsection 27.1Section 8, each Party shall comply with Applicable Law with regard to Customer selection of a primary Telephone Exchange Service provider.
18.3.2 22.3.2 In the event either Party requests that the other Party install, provide, change, or terminate a Customer’s Telecommunications Service (including, but not limited to, a Customer’s selection of a primary Telephone Exchange Service Provider) and (a) fails to provide documentary evidence of the Customer’s primary Telephone Exchange Service Provider selection upon request, or (b) fails to obtain authorization from the Customer for such installation, provision, selection, change or termination in accordance with Applicable Law, then in addition to any other rights or remedies available to the other Party, the requesting Party shall be liable to the other Party for all charges that would be applicable to the Customer for the initial change in the Customer’s Telecommunications Service and any charges for restoring the Customer’s Telecommunications Service to its Customer-authorized condition, including to the appropriate primary Telephone Exchange Service provider.
18.3.3 22.3.3 Without in any way limiting Level 3either Party’s obligations under subsection 27.1Section 8, Level 3 each Party shall comply with Applicable Law with regard to Customer Proprietary Network Information, including, but not limited to, 47 U.S.C. § 222. Level 3 SPRINT shall not access (including, but not limited to, through BA VERIZON OSS Services (as defined in Schedule 12.3) and BA VERIZON Pre-OSS Services), use, or disclose Customer Proprietary Network Information made available to Level 3 SPRINT by BA VERIZON pursuant to this Agreement unless Level 3 SPRINT has obtained any Customer authorization for such access, use and/or disclosure required by Applicable Law. By accessing, using or disclosing Customer Proprietary Network Information, Level 3 SPRINT represents and warrants that it has obtained authorization for such action from the applicable Customer in the manner required by Applicable Law and this Agreement. Level 3 SPRINT shall, upon request by BAVERIZON, provide proof of such authorization (including a copy of any written authorization).
18.3.4 BA 22.3.4 VERIZON shall have the right to monitor and/or audit Level 3SPRINT’s access to and use and/or disclosure of Customer Proprietary Network Information that is made available by BA VERIZON to Level 3 SPRINT pursuant to this Agreement to ascertain whether Level 3 SPRINT is complying with the requirements of Applicable Law and this Agreement with regard to such access, use, and/or disclosure. To the extent permitted by Applicable Law, the foregoing right shall include, but not be limited to, the right to electronically monitor Level 3SPRINT’s access to and use of Customer Proprietary Network Information that is made available by BA VERIZON to Level 3 SPRINT pursuant to this Agreement. To the extent SPRINT provides CPNI to VERIZON, SPRINT shall have the right to monitor and/or audit VERIZON’s access to and use and/or disclosure of CPNI that is made available by SPRINT to VERIZON pursuant to the terms described above.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Customer Authorization. 18.3.1 22.3.1 Without in any way limiting either Party’s obligations under subsection 27.1Section 8, each Party shall comply with Applicable Law with regard to Customer selection of a primary Telephone Exchange Service provider.
18.3.2 22.3.2 In the event either Party requests that the other Party install, provide, change, or terminate a Customer’s Telecommunications Service (including, but not limited to, a Customer’s selection of a primary Telephone Exchange Service Provider) and (a) fails to provide documentary evidence of the Customer’s primary Telephone Exchange Service Provider selection upon request, or (b) fails to obtain authorization from the Customer for such installation, provision, selection, change or termination in accordance with Applicable Law, then in addition to any other rights or remedies available to the other Party, the requesting Party shall be liable to the other Party for all charges that would be applicable to the Customer for the initial change in the Customer’s Telecommunications Service and any charges for restoring the Customer’s Telecommunications Service to its Customer-authorized condition, including to the appropriate primary Telephone Exchange Service provider.
18.3.3 22.3.3 Without in any way limiting Level 3either Party’s obligations under subsection 27.1Section 8, Level 3 each Party shall comply with Applicable Law with regard to Customer Proprietary Network Information, including, but not limited to, 47 U.S.C. § 222. Level 3 SPRINT shall not access (including, but not limited to, through BA VERIZON OSS Services (as defined in Schedule 12.3) and BA VERIZON Pre-OSS Services), use, or disclose Customer Proprietary Network Information made available to Level 3 SPRINT by BA VERIZON pursuant to this Agreement unless Level 3 SPRINT has obtained any Customer authorization for such access, use and/or disclosure required by Applicable Law. By accessing, using or disclosing Customer Proprietary Network Information, Level 3 SPRINT represents and warrants that it has obtained authorization for such action from the applicable Customer in the manner required by Applicable Law and this Agreement. Level 3 SPRINT shall, upon request by BAVERIZON, provide proof of such authorization (including a copy of any written authorization).
18.3.4 BA shall have the right to monitor and/or audit Level 3’s access to and use and/or disclosure of Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this Agreement to ascertain whether Level 3 is complying with the requirements of Applicable Law and this Agreement with regard to such access, use, and/or disclosure. To the extent permitted by Applicable Law, the foregoing right shall include, but not be limited to, the right to electronically monitor Level 3’s access to and use of Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this Agreement.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Customer Authorization. 18.3.1 Without in any way limiting either Party’s obligations under subsection Subsection 27.1, each Party shall comply with Applicable Law Laws with regard to Customer selection of a primary Telephone Exchange Service provider. Until the Commission and/or FCC adopts regulations and/or orders applicable to Customer selection of a primary Telephone Exchange Service provider, each Party shall adhere to the rules and procedures set forth in Section 64.1100 through 1190 of the FCC Rules, 47 CFR § 64.1100 through 1190, in effect on the Effective Date hereof when ordering, terminating, or otherwise changing Telephone Exchange Service on behalf of the other Party’s or another carrier’s Customers.
18.3.2 In the event either Party requests that the other Party install, provide, change, or terminate a Customer’s Telecommunications Service (including, but not limited to, a Customer’s selection of a primary Telephone Exchange Service Provider) and (a) fails to provide documentary evidence of the Customer’s primary Telephone Exchange Service Provider selection upon reasonable request, or (b) fails to obtain authorization from the Customer for such installation, provision, selection, change or termination in accordance with Applicable Law, then in addition to any other rights or remedies available to the other Party, the requesting Party shall be liable to the other Party for all charges that would be applicable to the Customer for the initial change in the Customer’s Telecommunications Service and any charges for restoring the Customer’s Telecommunications Service to its Customer-authorized condition, including to the appropriate primary Telephone Exchange Service provider.
18.3.3 Without in any way limiting Level 3either Party’s obligations under subsection Subsection 27.1, Level 3 both Parties shall comply with Applicable Law Laws with regard to Customer Proprietary Network Information, including, but not limited to, 47 U.S.C. § 222. Level 3 TCG shall not access (including, but not limited to, through BA Verizon OSS Services (as defined in Schedule 12.3) and BA Pre-OSS Services11), use, or disclose Customer Proprietary Network Information made available to Level 3 TCG by BA Verizon pursuant to this Agreement unless Level 3 TCG has obtained any Customer authorization for such access, use and/or disclosure required by Applicable LawLaws. By accessing, using or disclosing Customer Proprietary Network Information, Level 3 TCG represents and warrants that it has obtained authorization for such action from the applicable Customer in the manner required by Applicable Law and this Agreement. Level 3 TCG shall, upon reasonable request by BAVerizon, provide proof of such authorization (including a copy of any written authorization). In the event TCG makes available an TCG operations support system for access and use by Verizon, Verizon agrees that the same conditions that apply to TCG in this Subsection 18.3.3 for accessing, using or disclosing Customer Proprietary Network Information made available to TCG shall apply to Verizon when accessing, using or disclosing CPNI made available to Verizon.
18.3.4 BA Verizon shall have the right to monitor and/or audit Level 3TCG’s access to and use and/or disclosure of Customer Proprietary Network Information that is made available by BA Verizon to Level 3 TCG pursuant to this Agreement to ascertain whether Level 3 TCG is complying with the requirements of Applicable Law and this Agreement with regard to such access, use, and/or disclosure. Verizon may exercise this right to audit once annually upon reasonable written notice to TCG. Verizon may also employ such assistance as it deems desirable to conduct such audits (such as an outside auditor) so long as the party providing assistance agrees to be bound by a confidentiality agreement containing terms substantially similar to the terms in Section 28.5 of this Agreement. To the extent permitted by Applicable Law, the foregoing right rights shall include, but not be limited to, the right to electronically monitor Level 3TCG’s access to and use of Customer Proprietary Network Information that is made available by BA Verizon to Level 3 TCG pursuant to this Agreement. The results of any audit and/or monitoring of TCG’s access to and/or use of CPNI pursuant to this Section 18.3.4 shall be subject to the confidentiality provisions (Section 28.5) of this Agreement and shall not be used by Verizon for any marketing purposes, except as permitted by Applicable Law.
18.3.5 At such time that TCG provides access to TCG Customer Proprietary Network Information, TCG shall have the right to monitor and/or audit Verizon’s access to and use and/or disclosure of TCG’s Customer Proprietary Network Information, on the same terms as provided in Section 18.3.4 above.
Appears in 2 contracts
Samples: Interconnection Agreement (Wave2Wave Communications, Inc.), Interconnection Agreement (Wave2Wave Communications, Inc.)
Customer Authorization. 18.3.1 Without in any way limiting either Party’s obligations under subsection Section 27.1, each Party shall comply with Applicable Law Laws with regard to Customer selection of a primary Telephone Exchange Service provider., and each Party shall make all appropriate payments or penalties as required by Applicable Law..
18.3.2 In Unless the FCC or Department rules direct otherwise, in the event either Party requests that the other Party install, provide, change, or terminate a Customer’s Telecommunications Service (including, but not limited to, a Customer’s selection of a primary Telephone Exchange Service Provider) and (a) fails to provide documentary evidence of the Customer’s primary Telephone Exchange Service Provider selection upon request, or (b) fails to obtain without having obtained authorization from the Customer for such installation, provision, selection, change or termination in accordance with Applicable LawLaws, then (or as provided in addition to any other rights or remedies available to the other PartySection 18.3.1. above), the requesting Party shall be liable to the other Party for all charges that would be applicable to the Customer for the initial change in the Customer’s Telecommunications Service and any charges for restoring the Customer’s Telecommunications Service to its Customer-authorized condition, including to the appropriate primary Telephone Exchange Service provider.
18.3.3 Without in any way limiting Level 3’s obligations under subsection 27.1, Level 3 Both Parties shall comply with Applicable Law with regard to Customer Proprietary Network Information, including, but not limited to, 47 U.S.C. § 222222 and the FCC rules in 47 CFR Section 64.2001-Section 64.2009. Level 3 AT&T Broadband shall not access (including, but not limited to, through BA Verizon OSS Services (as defined in Schedule 12.3) and BA Verizon Pre-OSS Services), use, or disclose Customer Proprietary Network Information made available to Level 3 AT&T Broadband by BA Verizon pursuant to this Agreement unless Level 3 AT&T Broadband has obtained any Customer authorization for such access, use and/or disclosure required by Applicable Law. By accessing, using or disclosing Customer Proprietary Network Information, Level 3 AT&T Broadband represents and warrants that it has obtained authorization for such action from the applicable Customer in the manner required by Applicable Law and this Agreement. Level 3 AT&T Broadband shall, upon request by BAVerizon, provide proof of such authorization (including a copy of any written authorization).
18.3.4 BA shall have the right to monitor and/or audit Level 3’s At such time that AT&T Broadband provides access to and use and/or disclosure of AT&T Broadband Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this Agreement to ascertain whether Level 3 is complying Verizon, Verizon shall comply with the requirements provisions of Applicable Law and this Agreement with regard to such access, use, and/or disclosure. To the extent permitted by Applicable Law, the foregoing right shall include, but not be limited to, the right to electronically monitor Level 3’s access to and use of Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this AgreementSection 18.3.3.
Appears in 1 contract
Samples: Interconnection Agreement (Wave2Wave Communications, Inc.)
Customer Authorization. 18.3.1 Without in any way limiting either Party’s obligations under subsection 27.1, each Party shall comply with Applicable Law with regard to Customer selection of a primary Telephone Exchange Service provider.
18.3.2 In the event either Party requests that the other Party install, provide, change, or terminate a Customer’s Telecommunications Service (including, but not limited to, a Customer’s selection of a primary Telephone Exchange Service Provider) and (a) fails to provide documentary evidence of the Customer’s primary Telephone Exchange Service Provider selection upon request, or (b) fails to obtain authorization from the Customer for such installation, provision, selection, change or termination in accordance with Applicable Law, then in addition to any other rights or remedies available to the other Party, the requesting Party shall be liable to the other Party for all charges that would be applicable to the Customer for the initial change in the Customer’s Telecommunications Service and any charges for restoring the Customer’s Telecommunications Service to its Customer-authorized condition, including to the appropriate primary Telephone Exchange Service provider.provider.
18.3.3 Without in any way limiting Level 3’s obligations under subsection 27.1, Level 3 shall comply with Applicable Law with regard to Customer Proprietary Network Information, including, but not limited to, 47 U.S.C. § 222. Level 3 shall not access (including, but not limited to, through BA OSS Services (as defined in Schedule 12.3) and BA Pre-OSS Services), use, or disclose Customer Proprietary Network Information made available to Level 3 by BA pursuant to this Agreement unless Level 3 has obtained any Customer authorization for such access, use and/or disclosure required by Applicable Law. By accessing, using or disclosing Customer Proprietary Network Information, Level 3 represents and warrants that it has obtained authorization for such action from the applicable Customer in the manner required by Applicable Law and this Agreement. Level 3 shall, upon request by BA, provide proof of such authorization (including a copy of any written authorization).
18.3.4 BA shall have the right to monitor and/or audit Level 3’s access to and use and/or disclosure of Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this Agreement to ascertain whether Level 3 is complying with the requirements of Applicable Law and this Agreement with regard to such access, use, and/or disclosure. To the extent permitted by Applicable Law, the foregoing right shall include, but not be limited to, the right to electronically monitor Level 3’s access to and use of Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this Agreement.
Appears in 1 contract
Samples: Interconnection Agreement
Customer Authorization. 18.3.1 Without in any way limiting either Party’s obligations under subsection 27.1, each Party shall comply with Applicable Law with regard to Customer selection of a primary Telephone Exchange Service provider.
18.3.2 In the event either Party requests that the other Party install, provide, change, or terminate a Customer’s Telecommunications Service (including, but not limited to, a Customer’s selection of a primary Telephone Exchange Service Provider) and (a) fails to provide documentary evidence of the Customer’s primary Telephone Exchange Service Provider selection upon request, or (b) fails to obtain authorization from the Customer for such installation, provision, selection, change or termination in accordance with Applicable Law, then in addition to any other rights or remedies available to the other Party, the requesting Party shall be liable to the other Party for all charges that would be applicable to the Customer for the initial change in the Customer’s Telecommunications Service and any charges for restoring the Customer’s Telecommunications Service to its Customer-authorized condition, including to the appropriate primary Telephone Exchange Service provider.
18.3.3 Without in any way limiting Level 3’s obligations under subsection 27.1, Level 3 shall comply with Applicable Law with regard to Customer Proprietary Network Information, including, but not limited to, 47 U.S.C. § 222. Level 3 shall not access (including, but not limited to, through BA OSS Services (as defined in Schedule 12.3) and BA Pre-OSS Services), use, or disclose Customer Proprietary Network Information made available to Level 3 by BA pursuant to this Agreement unless Level 3 has obtained any Customer authorization for such access, use and/or disclosure required by Applicable Law. By accessing, using or disclosing Customer Proprietary Network Information, Level 3 represents and warrants that it has obtained authorization for such action from the applicable Customer in the manner required by Applicable Law and this Agreement. Level 3 shall, upon request by BAXX, provide proof of such authorization (including a copy of any written authorization).
18.3.4 BA shall have the right to monitor and/or audit Level 3’s access to and use and/or disclosure of Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this Agreement to ascertain whether Level 3 is complying with the requirements of Applicable Law and this Agreement with regard to such access, use, and/or disclosure. To the extent permitted by Applicable Law, the foregoing right shall include, but not be limited to, the right to electronically monitor Level 3’s access to and use of Customer Proprietary Network Information that is made available by BA to Level 3 pursuant to this Agreement.
Appears in 1 contract
Samples: Interconnection Agreement