Dark Fiber. 8.1 Access to unbundled Dark Fiber will be provided by Verizon, where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's network. Access to Dark Fiber will be provided in accordance with, but only to the extent required by, Applicable Law. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offering. 8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops: 8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where (1) one end of the Dark Fiber Loop terminates at Z-Tel's collocation arrangement and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then at a location to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper. 8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber Loop, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel. 8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices). 8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay. 8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel. 8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use. 8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber. 8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber. 8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties. 8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) of the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement: 8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and 8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period. 8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than Z-Tel, or impair a Verizon obligation to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.
Appears in 3 contracts
Samples: Telecommunications, Telecommunications, Telecommunications
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by CBB, Verizon shall provide CBB with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to CBB's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to CBB's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopCBB’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.CBB’s collocation arrangement or adjacent structure, or
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by Xxxx, Verizon shall provide Ymax with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to Ymax's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to Ymax's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopYmax’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.Ymax’s collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by PNG, Verizon shall provide PNG with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to PNG's Collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to PNG's collocation Collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopPNG’s Collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.PNG’s Collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Telecommunications
Dark Fiber. 8.1 Access to unbundled Dark Fiber will be provided by Verizon, where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's network. Access to Dark Fiber will be provided in accordance with, but only to the extent required by, Applicable Law. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offering.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where (1) one end of the Dark Fiber Loop terminates at Z-TelAURA's collocation arrangement and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then at a location to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel AURA may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber Loop, and Z-Tel AURA may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-TelAURA.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-route- direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel AURA pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-TelAURA.
8.2.6 Dark Fiber will be offered to Z-Tel AURA in the condition that it is available in Verizon's network at the time that Z-Tel AURA submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-TelAURA's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel AURA as Dark Fiber.
8.2.8 Z-Tel AURA shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel AURA may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel AURA to leasing a maximum of twenty-five percent (25%) of the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel AURA upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-TelAURA; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel AURA upon a showing to the Commission that Z-Tel AURA underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel AURA order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than Z-TelAURA, or impair a Verizon obligation to serve as a carrier of last resort. .
8.2.11 Z-Tel AURA may not reserve Dark Fiber.
8.2.12 AURA shall be solely responsible for: (a) determining whether or not the transmission characteristics of the Dark Fiber accommodate the requirements of AURA; (b) obtaining any Rights of Way, governmental or private property permit, easement or other authorization or approval required for access to the Dark Fiber; (c) installation of fiber optic transmission equipment needed to power the Dark Fiber to transmit Telecommunications Services traffic; (d) installation of a demarcation point in a building where a Customer is located; and (e) augmenting AURA’s collocation arrangements with any proper optical cross connects or other equipment that AURA needs to access Dark Fiber before it submits an order for such access.
8.3 Dark Fiber Interoffice Facilities (IOF). The Dark Fiber IOF UNE is defined as continuous fiber strand(s) that are located within a fiber optic cable sheath between either (a) two Verizon central offices or (b) a Verizon central office and a AURA central office but, in either case, without attached multiplexing, aggregation or other electronics. Dark Fiber IOF is available between the CLEC’s collocation arrangements within two Verizon Central Offices, or between the CLEC’s collocation arrangement in a Verizon Central Office and a CLEC CO/POP. To the extent applicable, the same terms and conditions regarding Dark Fiber Loop UNEs shall govern the Dark Fiber IOF UNE.
8.4 A Dark Fiber Inquiry Form must be submitted prior to submitting an ASR. Upon receipt of the CLEC’s completed Inquiry Form, Verizon will initiate a review of its cable records to determine whether dark fiber may be available between the locations and in the quantities specified, Verizon will respond within fifteen (15) business days from receipt of the CLEC’s request, indicating whether Unbundled Dark Fiber may be available based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval.
8.5 AURA shall order Dark Fiber IOF and Dark Fiber Loop UNEs by sending to Verizon a separate ASR for each A to Z route.
8.6 Direct access to dark fiber loops, subloops, or IOF that terminates in a Verizon premise, must be accomplished via a collocation arrangement in that premise. In circumstances where collocation cannot be accomplished in the premises, the Parties agree to negotiate for possible alternative arrangements.
Appears in 1 contract
Samples: Supplemental Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by Northstar, Verizon shall provide Northstar with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to Northstar's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to Northstar's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Northstar’s collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon's accessible terminal located at Verizon’s main termination point located within the Customer premisepremises and the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Northstar’s collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Northstar’s collocation arrangement or adjacent structure and the other end terminates at Verizon’s accessible terminal at another Verizon remote terminal equipment enclosure that can be cross-connected to Northstar’s collocation arrangement or adjacent structure. A CLEC Northstar demarcation point at a Customer premises shall be established either in the main telco room of a building where a the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. A Northstar demarcation point at a Customer premises shall be established at a location that is no more than thirty (30) feet from Verizon’s accessible terminal on which the Dark Fiber Loop or Dark Fiber Sub-Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the Northstar demarcation point by installing a fiber jumperjumper no greater than thirty (30) feet in length.
8.2.2 Z-Tel Northstar may access a Dark Fiber Loop Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing hard termination point Verizon accessible terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and Z-Tel Northstar may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to Northstar unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an existing Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s requestaccessible terminal. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelNorthstar.
8.2.3 A strand shall Except if and, to the extent required by, Applicable Law, Verizon will not be deemed perform splicing (e.g., introduce additional splice points or open existing splice points or cases) to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices)accommodate Northstar’s request.
8.2.4 Verizon shall perform all work necessary to install (1) a cross connection connect or a fiber jumper, including, but not limited to, the work necessary to connect jumper from a dark fiber Verizon accessible terminal to a Northstar collocation arrangement or (2) from a Verizon accessible terminal to Northstar’s demarcation point, point at a fiber distribution frame Customer premises or a POT bayNorthstar Central Office.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 A "Dark Fiber Inquiry Form" must be submitted prior to submitting an ASR. Upon receipt of Northstar’s completed Dark Fiber Inquiry Form, Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the Northstar’s Dark Fiber Inquiry Form, indicating whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available (if so available, an “Acknowledgement”) based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not guarantee the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. Where a direct Dark Fiber IOF route is not available, Verizon will provide, where available, Dark Fiber IOF via a reasonable indirect route that passes through intermediate Verizon Central Offices at the rates set forth in the Pricing Attachment. Verizon reserves the right to limit the number of intermediate Verizon Central Offices on an indirect route consistent with limitations in Verizon’s network design and/or prevailing industry practices for optical transmission applications. Any limitations on the number of intermediate Verizon Central Offices will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is")discussed with Northstar. In addition, Verizon shall not be required to convert lit fiber If access to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strandsIOF is not available, where Wave Division Multiplexing Verizon will notify Northstar, within fifteen (WDM15) or Dense Wave Division Multiplexing (DWDM) equipment is deployedBusiness Days, are not considered to be that no spare Dark Fiber Loops andIOF is available over the direct route nor any reasonable alternate indirect route, thereforeexcept that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. Where no available route was found during the record review, Verizon will not identify the first blocked segment on each alternate indirect route and which segment(s) in the alternate indirect route are available prior to encountering a blockage on that route, at the rates set forth in the Pricing Attachment.
8.2.5.1 Northstar shall indicate on the Dark Fiber Inquiry Form whether the available Dark Fiber should be offered to Z-Tel as reserved, at the rates set forth in the Pricing Attachment, pending receipt of an order for the Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) of 8.2.5.2 Upon request from Northstar as indicated on the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable LawInquiry Form, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke shall hold such requested Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Loop, Dark Fiber leased Sub-Loop or Dark Fiber IOF for Northstar’s use for ten (10) Business Days from Northstar’s receipt of Acknowledgement and may not allow any other party (including Verizon) to Z-Tel upon a showing to the Commission use such fiber during that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month time period.
8.2.10.3 Verizon may reserve 8.2.5.3 Northstar shall submit an order for the reserved Dark Fiber for maintenance purposesLoop, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt Sub-Loop or degrade service to Customers Dark Fiber IOF as soon as possible using the standard ordering process or carriers other than Z-Tel, or impair a Verizon obligation to serve parallel provisioning process as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiberdescribed in Section 8.2.5.
Appears in 1 contract
Samples: Telecommunications
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by Global Link, Verizon shall provide Global Link with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to Global Link's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to Global Link's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Global Link’s collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon's accessible terminal located at Verizon’s main termination point located within the Customer premisepremises and the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross- connected to Global Link’s collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Global Link’s collocation arrangement or adjacent structure and the other end terminates at Verizon’s accessible terminal at another Verizon remote terminal equipment enclosure that can be cross-connected to Global Link’s collocation arrangement or adjacent structure. A CLEC Global Link demarcation point at a Customer premises shall be established either in the main telco room of a building where a the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. A Global Link demarcation point at a Customer premises shall be established at a location that is no more than thirty (30) feet from Verizon’s accessible terminal on which the Dark Fiber Loop or Dark Fiber Sub-Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the Global Link demarcation point by installing a fiber jumperjumper no greater than thirty (30) feet in length.
8.2.2 Z-Tel Global Link may access a Dark Fiber Loop Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing hard termination point Verizon accessible terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and Z-Tel Global Link may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to Global Link unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an existing Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s requestaccessible terminal. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelGlobal Link.
8.2.3 A strand shall Except if and, to the extent required by, Applicable Law, Verizon will not be deemed perform splicing (e.g., introduce additional splice points or open existing splice points or cases) to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices)accommodate Global Link’s request.
8.2.4 Verizon shall perform all work necessary to install (1) a cross connection connect or a fiber jumper, including, but not limited to, the work necessary to connect jumper from a dark fiber Verizon accessible terminal to a Global Link collocation arrangement or (2) from a Verizon accessible terminal to Global Link’s demarcation point, point at a fiber distribution frame Customer premises or a POT bayGlobal Link Central Office.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 A "Dark Fiber Inquiry Form" must be submitted prior to submitting an ASR. Upon receipt of Global Link’s completed Dark Fiber Inquiry Form, Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the Global Link’s Dark Fiber Inquiry Form, indicating whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available (if so available, an “Acknowledgement”) based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not guarantee the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. Where a direct Dark Fiber IOF route is not available, Verizon will provide, where available, Dark Fiber IOF via a reasonable indirect route that passes through intermediate Verizon Central Offices at the rates set forth in the Pricing Attachment. Verizon reserves the right to limit the number of intermediate Verizon Central Offices on an indirect route consistent with limitations in Verizon’s network design and/or prevailing industry practices for optical transmission applications. Any limitations on the number of intermediate Verizon Central Offices will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is")discussed with Global Link. In addition, Verizon shall not be required to convert lit fiber If access to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strandsIOF is not available, where Wave Division Multiplexing Verizon will notify Global Link, within fifteen (WDM15) or Dense Wave Division Multiplexing (DWDM) equipment is deployedBusiness Days, are not considered to be that no spare Dark Fiber Loops andIOF is available over the direct route nor any reasonable alternate indirect route, thereforeexcept that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. Where no available route was found during the record review, Verizon will not identify the first blocked segment on each alternate indirect route and which segment(s) in the alternate indirect route are available prior to encountering a blockage on that route, at the rates set forth in the Pricing Attachment.
8.2.5.1 Global Link shall indicate on the Dark Fiber Inquiry Form whether the available Dark Fiber should be offered to Z-Tel as reserved, at the rates set forth in the Pricing Attachment, pending receipt of an order for the Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) of 8.2.5.2 Upon request from Global Link as indicated on the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable LawInquiry Form, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke shall hold such requested Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Loop, Dark Fiber leased Sub-Loop or Dark Fiber IOF for Global Link’s use for ten (10) Business Days from Global Link’s receipt of Acknowledgement and may not allow any other party (including Verizon) to Z-Tel upon a showing to the Commission use such fiber during that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month time period.
8.2.10.3 Verizon may reserve 8.2.5.3 Global Link shall submit an order for the reserved Dark Fiber for maintenance purposesLoop, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt Sub-Loop or degrade service to Customers Dark Fiber IOF as soon as possible using the standard ordering process or carriers other than Z-Tel, or impair a Verizon obligation to serve parallel provisioning process as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiberdescribed in Section 8.2.5.
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by KDL, Verizon shall provide KDL with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to KDL's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to KDL's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopKDL’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.KDL’s collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by TNCI, Verizon shall provide TNCI with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to TNCI's Collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to TNCI's collocation Collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopTNCI’s Collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.TNCI’s Collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Telecommunications
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by ATI, Verizon shall provide ATI with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to ATI's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to ATI's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopATI’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.ATI’s collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Telecommunications
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by VNCI, Verizon shall provide VNCI with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to VNCI's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to VNCI's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopVNCI’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.VNCI’s collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by CSTC, Verizon shall provide CSTC with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to CSTC's Collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to CSTC's collocation Collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to CSTC’s Collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon's accessible terminal located at Verizon’s main termination point located within the Customer premisepremises and the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to CSTC’s Collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to CSTC’s Collocation arrangement or adjacent structure and the other end terminates at Verizon’s accessible terminal at another Verizon remote terminal equipment enclosure that can be cross-connected to CSTC’s Collocation arrangement or adjacent structure. A CLEC CSTC demarcation point at a Customer premises shall be established either in the main telco room of a building where a the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. A CSTC demarcation point at a Customer premises shall be established at a location that is no more than thirty (30) feet from Verizon’s accessible terminal on which the Dark Fiber Loop or Dark Fiber Sub- Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the CSTC demarcation point by installing a fiber jumperjumper no greater than thirty (30) feet in length.
8.2.2 Z-Tel CSTC may access a Dark Fiber Loop Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing hard termination point Verizon accessible terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and Z-Tel CSTC may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to CSTC unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an existing Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s requestaccessible terminal. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelCSTC.
8.2.3 A strand shall Except if and, to the extent required by, Applicable Law, Verizon will not be deemed perform splicing (e.g., introduce additional splice points or open existing splice points or cases) to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices)accommodate CSTC’s request.
8.2.4 Verizon shall perform all work necessary to install (1) a cross connection connect or a fiber jumper, including, but not limited to, the work necessary to connect jumper from a dark fiber Verizon accessible terminal to a CSTC Collocation arrangement or (2) from a Verizon accessible terminal to CSTC’s demarcation point, point at a fiber distribution frame Customer premises or a POT bayCSTC Central Office.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 A "Dark Fiber Inquiry Form" must be submitted prior to submitting an ASR. Upon receipt of CSTC’s completed Dark Fiber Inquiry Form, Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the CSTC’s Dark Fiber Inquiry Form, indicating whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available (if so available, an “Acknowledgement”) based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not guarantee the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. Where a direct Dark Fiber IOF route is not available, Verizon will provide, where available, Dark Fiber IOF via a reasonable indirect route that passes through intermediate Verizon Central Offices at the rates set forth in the Pricing Attachment. Verizon reserves the right to limit the number of intermediate Verizon Central Offices on an indirect route consistent with limitations in Verizon’s network design and/or prevailing industry practices for optical transmission applications. Any limitations on the number of intermediate Verizon Central Offices will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is")discussed with CSTC. In addition, Verizon shall not be required to convert lit fiber If access to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strandsIOF is not available, where Wave Division Multiplexing Verizon will notify CSTC, within fifteen (WDM15) or Dense Wave Division Multiplexing (DWDM) equipment is deployedBusiness Days, are not considered to be that no spare Dark Fiber Loops andIOF is available over the direct route nor any reasonable alternate indirect route, thereforeexcept that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. Where no available route was found during the record review, Verizon will not identify the first blocked segment on each alternate indirect route and which segment(s) in the alternate indirect route are available prior to encountering a blockage on that route, at the rates set forth in the Pricing Attachment.
8.2.5.1 CSTC shall indicate on the Dark Fiber Inquiry Form whether the available Dark Fiber should be offered to Z-Tel as reserved, at the rates set forth in the Pricing Attachment, pending receipt of an order for the Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) of 8.2.5.2 Upon request from CSTC as indicated on the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable LawInquiry Form, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke shall hold such requested Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Loop, Dark Fiber leased Sub-Loop or Dark Fiber IOF for CSTC’s use for ten (10) Business Days from CSTC’s receipt of Acknowledgement and may not allow any other party (including Verizon) to Z-Tel upon a showing to the Commission use such fiber during that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month time period.
8.2.10.3 Verizon may reserve 8.2.5.3 CSTC shall submit an order for the reserved Dark Fiber for maintenance purposesLoop, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt Sub-Loop or degrade service to Customers Dark Fiber IOF as soon as possible using the standard ordering process or carriers other than Z-Tel, or impair a Verizon obligation to serve parallel provisioning process as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiberdescribed in Section 8.2.5.
Appears in 1 contract
Samples: Telecommunications
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by PW, Verizon shall provide PW with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to PW's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to PW's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopPW’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.PW’s collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Telecommunications
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by NL, Verizon shall provide NL with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to NL's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to NL's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to NL’s collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon's accessible terminal located at Verizon’s main termination point located within the Customer premisepremises and the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross- connected to NL’s collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to NL’s collocation arrangement or adjacent structure and the other end terminates at Verizon’s accessible terminal at another Verizon remote terminal equipment enclosure that can be cross-connected to NL’s collocation arrangement or adjacent structure. A CLEC NL demarcation point at a Customer premises shall be established either in the main telco room of a building where a the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the A NL demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber Loop, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel premises shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing established at a maximum of twenty-five percent (25%) of the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission location that Z-Tel underutilized fiber (less is no more than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than Z-Tel, or impair a Verizon obligation to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.thirty
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by MLTC, Verizon shall provide MLTC with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to MLTC's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to MLTC's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopMLTC’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.MLTC’s collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Telecommunications
Dark Fiber. 8.1 1.2.12.1 Subject to the conditions set forth in Section 1.7 below and upon request, VERIZON shall provide SPRINT with access to Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF (as such terms are hereinafter defined) in accordance with, and subject to, the terms and provisions of this Agreement, the rates set forth in Part IV, and the rates, terms and conditions of VERIZON’s applicable Tariffs (including, but not limited to, to the extent applicable, VERIZON Tariff Pa. P.U.C. No. 9). Access to unbundled Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF will be provided by Verizon, VERIZON only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's network. Access to Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Except as otherwise required by Applicable Law, the following terms and conditions apply to VerizonVERIZON's Dark Fiber offeringofferings.
8.2 1.2.12.1.1 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon VERIZON fiber optic cable between VERIZON's Accessible Terminal, such as the fiber distribution frame, or its functional equivalent, located within a Verizon VERIZON Wire Center, and VerizonVERIZON’s main termination pointpoint at a Customer premise, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it and render it capable of carrying Telecommunications Services.
1.2.12.1.2 A “Dark Fiber Subloop” consists of continuous fiber optic strand(s) in a VERIZON fiber optic cable (a) between VERIZON’s Accessible Terminal located within a VERIZON Wire Center, and VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure, (b) between VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure and VERIZON’s main termination point located within a Customer premise, or (c) between VERIZON’s Accessible Terminals at VERIZON remote terminal equipment enclosures, and that in all cases has not been activated through connection to electronics that “light” it and render it capable of carrying Telecommunications Services.
1.2.12.1.3 A “Dark Fiber IOF” consists of continuous fiber strand(s) that are located within a fiber optic cable between either (a) Accessible Terminals in two VERIZON Central Offices or (b) an Accessible Terminal in a VERIZON Central Office and a SPRINT Central Office, but, in either case, that has not been activated through connection to multiplexing, aggregation or other electronics that "light it, " and thereby render it capable of carrying Telecommunications Services. .
1.2.12.2 In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF:
8.2.1 Verizon 1.2.12.2.1 VERIZON shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a VERIZON Accessible Terminal in VERIZON's Central Office that can be cross-connected to SPRINT's collocation arrangement located in that same VERIZON Central Office and the other end terminates at the Customer premise. VERIZON shall be required to provide a Dark Fiber Subloop only where (1) one end of the Dark Fiber Loop Subloop terminates at Z-TelVERIZON’s Accessible Terminal in VERIZON’s Central Office that can be cross- connected to SPRINT's collocation arrangement located in that same VERIZON Central Office and (2) the other end terminates at VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure that can be cross-connected to SPRINT’s collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Subloop terminates at VERIZON’s main termination point located within the Customer premisepremise and the other end terminates at VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure that can be cross-connected to SPRINT’s collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Subloop terminates at VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure that can be cross-connected to SPRINT’s collocation arrangement or adjacent structure and the other end terminates at VERIZON’s Accessible Terminal at another VERIZON remote terminal equipment enclosure that can be cross-connected to SPRINT’s collocation arrangement or adjacent structure. A CLEC SPRINT demarcation point at a Customer premise shall be established either in the main telco room of a building where a the Customer premise if VERIZON is located in that room or, if the building does not have a main telco room or if VERIZON is not located in that room, then at a location to be determined by VerizonVERIZON. Verizon A SPRINT demarcation point at a Customer premise shall be established at a location that is no more than 30 feet from VERIZON’s Accessible Terminal on which the Dark Fiber Loop or Dark Fiber Subloop terminates. VERIZON shall connect a Dark Fiber Loop or Dark Fiber Subloop to the SPRINT demarcation point by installing a fiber jumperjumper no greater than 30 feet in length. VERIZON shall be required to provide Dark Fiber IOF only where (1) one end of the Dark Fiber IOF terminates at a VERIZON Accessible Terminal in a VERIZON Central Office that can be cross-connected to SPRINT's collocation arrangement located in that same VERIZON Central Office and the other end terminates at a VERIZON Accessible Terminal in another VERIZON Central Office that can be cross-connected to SPRINT's collocation arrangement located in that same VERIZON Central Office, or (2) one end of the Dark Fiber IOF terminates in a VERIZON Accessible Terminal in a VERIZON Central Office that can be cross-connected to SPRINT's collocation arrangement located in that same VERIZON Central Office and the other end terminates in a SPRINT Central Office. A SPRINT demarcation point at a SPRINT Central Office shall be established at a location that is no more than 30 feet from VERIZON’s Accessible Terminal on which the Dark Fiber IOF terminates. VERIZON shall connect a Dark Fiber IOF to the SPRINT demarcation point by installing a fiber jumper no greater than 30 feet in length.
8.2.2 Z-Tel 1.2.12.2.2 SPRINT may access a Dark Fiber Loop Loop, a Dark Fiber Subloop, or Dark Fiber IOF only at a pre-existing hard termination point VERIZON Accessible Terminal of such Dark Fiber Loop, Dark Fiber Subloop or Dark Fiber IOF, and Z-Tel SPRINT may not access a Dark Fiber Loop Loop, Dark Fiber Subloop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Verizon Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF are not available to SPRINT unless such Dark Fiber Loops, Dark Fiber Subloops or Dark Fiber IOF already are terminated on a VERIZON Accessible Terminal. Except where required by Applicable Law, VERIZON will not introduce additional splice points or open existing splice points or cases to accommodate a CLECSPRINT’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon VERIZON Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelSPRINT.
8.2.3 1.2.12.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon 1.2.12.2.4 VERIZON shall perform all work necessary to install install: (1) a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect jumper from a dark fiber VERIZON Accessible Terminal to a SPRINT collocation arrangement or (2) from a VERIZON Accessible Terminal to SPRINT's demarcation point, point at a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 or SPRINT Central Office. 1.2.12.2.5 A Dark Fiber Inquiry Form must be submitted prior to submitting an ASR. Upon receipt of the completed Inquiry Form, VERIZON will initiate a review of its cable records to determine whether Dark Fiber Loop, Dark Fiber Subloop or Dark Fiber IOF may be offered to Z-Tel available between the locations and in the condition that it is available in Verizon's network at the time that Z-Tel submits its request quantities specified. VERIZON will respond within fifteen (i.e.15) Business Days from receipt of SPRINT’s request, "as is"). In addition, Verizon shall not be required to convert lit fiber to indicating whether Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strandsLoop, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Subloop or Dark Fiber purchased pursuant IOF may be available based on the records search except that for voluminous requests or large, complex projects, VERIZON reserves the right to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing negotiate a maximum of twenty-five percent (25%) of the different interval. The Dark Fiber in any given segment Inquiry is a record search and does not guarantee the availability of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Loops, Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Subloops or Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than Z-Tel, or impair a Verizon obligation to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark FiberIOF.
Appears in 1 contract
Samples: Interconnection Agreement
Dark Fiber. 8.1 1. Subject to the conditions set forth in Section 1 and upon request,, Verizon shall provide Cinergy with access to unbundled Dark Fiber Loops, Dark Fiber Sub-loops and Dark Fiber IOF (as such terms are hereinafter defined) in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's network. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 1. A “"Dark Fiber Loop” " consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between Verizon's Accessible Terminal, such as the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination pointpoint at a Customer premises, such as the fiber patch panel located within a Customer premisepremises, and that has not been activated through connection to the electronics that “"light” " it and render it capable of carrying Telecommunications Services.
2. A "Dark Fiber Sub Loop" consists of continuous fiber optic strand(s) in a Verizon fiber optic cable (a) between Verizon’s Accessible Terminal located within a Verizon Wire Center, and Verizon’s Accessible Terminal at a Verizon remote terminal equipment enclosure, (b) between Verizon’s Accessible Terminal at a Verizon remote terminal equipment enclosure and Verizon’s main termination point located within a Customer premises, or (c) between Verizon’s Accessible Terminals at Verizon remote terminal equipment enclosures, and that in all cases has not been activated through connection to electronics that "light" it and render it capable of carrying Telecommunications Services.
3. A "Dark Fiber IOF" consists of continuous fiber strand(s) that are located within a fiber optic cable between either (a) Accessible Terminals in two Verizon Central Offices or (b) an Accessible Terminal in a Verizon Central Office and a Cinergy Central Office, but, in either case, that has not been activated through connection to multiplexing, aggregation or other electronics that "light it, " and thereby render it capable of carrying Telecommunications Services.
2. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 1. Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon Accessible Terminal in Verizon's Central Office that can be cross-connected to Cinergy's collocation arrangement located in that same Verizon Central Office and the other end terminates at the Customer premises. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s Accessible Terminal in Verizon’s Central Office that can be cross-Telconnected to Cinergy's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at Verizon’s Accessible Terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Cinergy’s collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon’s main termination point located within the Customer premisepremises and the other end terminates at Verizon’s Accessible Terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Cinergy’s collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon’s Accessible Terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Cinergy’s collocation arrangement or adjacent structure and the other end terminates at Verizon’s Accessible Terminal at another Verizon remote terminal equipment enclosure that can be cross-connected to Cinergy’s collocation arrangement or adjacent structure. A CLEC Cinergy demarcation point at a Customer premises shall be established either in the main telco room of a building where a the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. A Cinergy demarcation point at a Customer premises shall be established at a location that is no more than 30 feet from Verizon’s Accessible Terminal on which the Dark Fiber Loop or Dark Fiber Sub-Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the Cinergy demarcation point by installing a fiber jumper.jumper no greater than 30 feet in length
8.2.2 Z-Tel 2. Cinergy may access a Dark Fiber Loop Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing hard termination point Verizon Accessible Terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and Z-Tel Cinergy may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to Cinergy unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF already are terminated on a Verizon Accessible Terminal. Except where required by Applicable Law, Verizon will not introduce additional splice points or open existing splice points or cases to accommodate a CLECCinergy’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelCinergy.
8.2.3 3. A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 4. Verizon shall perform all work necessary to install (1) a cross connection connect or a fiber jumperjumper from a Verizon Accessible Terminal to a Cinergy collocation arrangement or (2) from a Verizon Accessible Terminal to Cinergy’s demarcation point at a Customer premises or Cinergy Central Office.
5. A Dark Fiber Inquiry must be submitted prior to submitting an ASR. Upon receipt of the completed Dark Fiber Inquiry, includingVerizon will initiate a review of its cable records to determine whether Dark Fiber Loop, but Dark Fiber Sub-Loop or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the Cinergy’s request, indicating whether Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF may be available based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not limited toguarantee the availability of Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF.
6. Cinergy shall order Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF by sending to Verizon a separate ASR for each A to Z route.
7. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF that terminate in a Verizon premises must be accomplished via a collocation arrangement in that premises. In circumstances where collocation cannot be accomplished in the premises, the work necessary Parties agree to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT baynegotiate for possible alternative arrangements.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel8. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 A Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will be offered to Z-Tel Cinergy in the condition that it is available in Verizon's network at the time that Z-Tel Cinergy submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF for Z-Tel's Cinergy’s use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) of the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than Z-Tel, or impair a Verizon obligation to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by MHT, Verizon shall provide MHT with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to MHT's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to MHT's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopMHT’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.MHT’s collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by CCA, Verizon shall provide CCA with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to CCA's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to CCA's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopCCA’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.CCA’s collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by New Horizons, Verizon shall provide New Horizons with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to New Horizons's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to New Horizons's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to New Horizons’s collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon's accessible terminal located at Verizon’s main termination point located within the Customer premisepremises and the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to New Horizons’s collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to New Horizons’s collocation arrangement or adjacent structure and the other end terminates at Verizon’s accessible terminal at another Verizon remote terminal equipment enclosure that can be cross-connected to New Horizons’s collocation arrangement or adjacent structure. A CLEC New Horizons demarcation point at a Customer premises shall be established either in the main telco room of a building where a the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. A New Horizons demarcation point at a Customer premises shall be established at a location that is no more than thirty (30) feet from Verizon’s accessible terminal on which the Dark Fiber Loop or Dark Fiber Sub-Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the New Horizons demarcation point by installing a fiber jumperjumper no greater than thirty (30) feet in length.
8.2.2 Z-Tel New Horizons may access a Dark Fiber Loop Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing hard termination point Verizon accessible terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and Z-Tel New Horizons may not access a Dark Fiber Loop, Dark Fiber Sub- Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to New Horizons unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an existing Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s requestaccessible terminal. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelNew Horizons.
8.2.3 A strand shall Except if and, to the extent required by, Applicable Law, Verizon will not be deemed perform splicing (e.g., introduce additional splice points or open existing splice points or cases) to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices)accommodate New Horizons’s request.
8.2.4 Verizon shall perform all work necessary to install (1) a cross connection connect or a fiber jumper, including, but not limited to, the work necessary to connect jumper from a dark fiber Verizon accessible terminal to a New Horizons collocation arrangement or (2) from a Verizon accessible terminal to New Horizons’s demarcation point, point at a fiber distribution frame Customer premises or a POT bayNew Horizons Central Office.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 A "Dark Fiber Inquiry Form" must be submitted prior to submitting an ASR. Upon receipt of New Horizons’s completed Dark Fiber Inquiry Form, Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the New Horizons’s Dark Fiber Inquiry Form, indicating whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available (if so available, an “Acknowledgement”) based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not guarantee the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. Where a direct Dark Fiber IOF route is not available, Verizon will provide, where available, Dark Fiber IOF via a reasonable indirect route that passes through intermediate Verizon Central Offices at the rates set forth in the Pricing Attachment. Verizon reserves the right to limit the number of intermediate Verizon Central Offices on an indirect route consistent with limitations in Verizon’s network design and/or prevailing industry practices for optical transmission applications. Any limitations on the number of intermediate Verizon Central Offices will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is")discussed with New Horizons. In addition, Verizon shall not be required to convert lit fiber If access to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strandsIOF is not available, where Wave Division Multiplexing Verizon will notify New Horizons, within fifteen (WDM15) or Dense Wave Division Multiplexing (DWDM) equipment is deployedBusiness Days, are not considered to be that no spare Dark Fiber Loops andIOF is available over the direct route nor any reasonable alternate indirect route, thereforeexcept that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. Where no available route was found during the record review, Verizon will not identify the first blocked segment on each alternate indirect route and which segment(s) in the alternate indirect route are available prior to encountering a blockage on that route, at the rates set forth in the Pricing Attachment.
8.2.5.1 New Horizons shall indicate on the Dark Fiber Inquiry Form whether the available Dark Fiber should be offered to Z-Tel as reserved, at the rates set forth in the Pricing Attachment, pending receipt of an order for the Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) of 8.2.5.2 Upon request from New Horizons as indicated on the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable LawInquiry Form, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke shall hold such requested Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Loop, Dark Fiber leased Sub-Loop or Dark Fiber IOF for New Horizons’s use for ten (10) Business Days from New Horizons’s receipt of Acknowledgement and may not allow any other party (including Verizon) to Z-Tel upon a showing to the Commission use such fiber during that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month time period.
8.2.10.3 Verizon may reserve 8.2.5.3 New Horizons shall submit an order for the reserved Dark Fiber for maintenance purposesLoop, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt Sub-Loop or degrade service to Customers Dark Fiber IOF as soon as possible using the standard ordering process or carriers other than Z-Tel, or impair a Verizon obligation to serve parallel provisioning process as a carrier of last resortdescribed in Section 8.2.5.5. 8.2.11 Z-Tel may not reserve Dark Fiber.The standard ordering process shall be used when New
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by NUI, Verizon shall provide NUI with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's network. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's ’s Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon’s Central Office that can be cross-connected to NUI’s collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon’s accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Tel's connected to NUI’s collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to NUI’s collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal located at Verizon’s main termination point located within the Customer premisepremises and the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to NUI’s collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to NUI’s collocation arrangement or adjacent structure and the other end terminates at Verizon’s accessible terminal at another Verizon remote terminal equipment enclosure that can be cross-connected to NUI’s collocation arrangement or adjacent structure. A CLEC NUI demarcation point at a Customer premises shall be established either in the main telco room of a building where a the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. A NUI demarcation point at a Customer premises shall be established at a location that is no more than 30 feet from Verizon’s accessible terminal on which the Dark Fiber Loop or Dark Fiber Sub-Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the NUI demarcation point by installing a fiber jumperjumper no greater than 30 feet in length.
8.2.2 Z-Tel NUI may access a Dark Fiber Loop Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing hard termination point Verizon accessible terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and Z-Tel NUI may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to NUI unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an existing Verizon accessible terminal. Except where required by Applicable Law, Verizon will not introduce additional splice points or open existing splice points or cases to accommodate a CLECNUI’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelNUI.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install (1) a cross connection connect or a fiber jumper, including, but not limited to, the work necessary to connect jumper from a dark fiber Verizon accessible terminal to a NUI collocation arrangement or (2) from a Verizon accessible terminal to NUI’s demarcation point, point at a fiber distribution frame Customer premises or a POT bayNUI Central Office.
8.2.5 At A Dark Fiber Inquiry must be submitted prior to submitting an ASR. Upon receipt of the Customer premisecompleted Dark Fiber Inquiry, unused fibers are Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the NUI’s request, indicating whether Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF may be available based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not available to Zguarantee the availability of Dark Fiber Loops, Dark Fiber Sub-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-TelLoops or Dark Fiber IOF.
8.2.6 NUI shall order Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF by sending to Verizon a separate ASR for each A to Z route.
8.2.7 Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF that terminate in a Verizon premises must be accomplished via a collocation arrangement in that premises. In circumstances where collocation cannot be accomplished in the premises, the Parties agree to negotiate for possible alternative arrangements.
8.2.8 A Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF will be offered to Z-Tel NUI in the condition that it is available in Verizon's ’s network at the time that Z-Tel NUI submits its request (i.e., "“as is"”). In addition, Verizon shall not be required to convert lit fiber to a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF for Z-Tel's NUI’s use.
8.2.7 8.2.9 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops, Dark Fiber Sub- Loops or Dark Fiber IOF, and, therefore, will not be offered to Z-Tel NUI as Dark FiberFiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF.
8.2.8 Z8.2.10 Fiber that has been assigned to fulfill a Customer order or for maintenance purposes will not be offered to NUI as Dark Fiber Loops, Dark Fiber Sub-Tel Loops or Dark Fiber IOF.
8.2.11 NUI shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark FiberFiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF.
8.2.9 Z-Tel 8.2.12 NUI may not resell Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF, purchased pursuant to this Attachment Agreement to third parties.
8.2.10 8.2.13 Except to the extent that Verizon is required by Applicable Law to provide Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF to NUI for use for Special or Switched Exchange Access Services, NUI shall not use Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF, for Special or Switched Exchange Access Services.
8.2.14 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel NUI to leasing up to a maximum of twenty-five percent (25%) of the Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF in any given segment of Verizon's network during any two-year period’s network. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 8.2.14.1 Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF leased to Z-Tel NUI upon a showing of need to the Commission and twelve (12) months' ’ advance written notice to Z-TelNUI; and
8.2.10.2 8.2.14.2 Revoke Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF leased to Z-Tel NUI upon a showing to the Commission that Z-Tel NUI underutilized fiber (less than OC-12) within any twelve (12) month period.;
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. 8.2.14.3 Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel NUI order for Dark Fiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than Z-TelNUI, or impair Verizon’s ability to meet a Verizon obligation to serve as a carrier of last resort. 8.2.11 Z-Tel legal obligation.
8.2.15 NUI may not reserve Dark FiberFiber Loops, Dark Fiber Sub-Loops, or Dark Fiber IOF.
8.2.16 NUI shall be solely responsible for: (a) determining whether or not the transmission characteristics of the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF accommodate the requirements of NUI; (b) obtaining any Rights of Way, governmental or private property permit, easement or other authorization or approval required for access to the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF; (c) installation of fiber optic transmission equipment needed to power the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF to transmit Telecommunications Services traffic; (d) installation of a demarcation point in a building where a Customer is located; and (e) NUI’s collocation arrangements with any proper optical cross connects or other equipment that NUI needs to access Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF before it submits an order for such access. NUI hereby represents and warrants that it shall have all such rights of way, authorizations and the like applicable to the geographic location at which it wishes to establish a demarcation point for dark fiber, on or before the date that NUI places an order for the applicable dark fiber, and that it shall maintain the same going forward.
8.2.17 NUI is responsible for trouble isolation before reporting trouble to Verizon. Verizon will restore continuity to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF that have been broken. Verizon will not repair a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF that is capable of transmitting light, even if the transmission characteristics of the Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF have changed.
8.2.18 NUI is responsible for all work activities at the Customer premises. Except as otherwise required by Applicable Law, all negotiations with the premises owner are solely the responsibility of NUI.
Appears in 1 contract
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by Connectel, Verizon shall provide Connectel with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to Connectel's Collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to Connectel's collocation Collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Connectel’s Collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon's accessible terminal located at Verizon’s main termination point located within the Customer premisepremises and the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Connectel’s Collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to Connectel’s Collocation arrangement or adjacent structure and the other end terminates at Verizon’s accessible terminal at another Verizon remote terminal equipment enclosure that can be cross- connected to Connectel’s Collocation arrangement or adjacent structure. A CLEC Connectel demarcation point at a Customer premises shall be established either in the main telco room of a building where a the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. A Connectel demarcation point at a Customer premises shall be established at a location that is no more than thirty (30) feet from Verizon’s accessible terminal on which the Dark Fiber Loop or Dark Fiber Sub-Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the Connectel demarcation point by installing a fiber jumperjumper no greater than thirty (30) feet in length.
8.2.2 Z-Tel Connectel may access a Dark Fiber Loop Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing hard termination point Verizon accessible terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and Z-Tel Connectel may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to Connectel unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an existing Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s requestaccessible terminal. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelConnectel.
8.2.3 A strand shall Except if and, to the extent required by, Applicable Law, Verizon will not be deemed perform splicing (e.g., introduce additional splice points or open existing splice points or cases) to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices)accommodate Connectel’s request.
8.2.4 Verizon shall perform all work necessary to install (1) a cross connection connect or a fiber jumper, including, but not limited to, the work necessary to connect jumper from a dark fiber Verizon accessible terminal to a Connectel Collocation arrangement or (2) from a Verizon accessible terminal to Connectel’s demarcation point, point at a fiber distribution frame Customer premises or a POT bayConnectel Central Office.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 A "Dark Fiber Inquiry Form" must be submitted prior to submitting an ASR. Upon receipt of Connectel’s completed Dark Fiber Inquiry Form, Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the Connectel’s Dark Fiber Inquiry Form, indicating whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available (if so available, an “Acknowledgement”) based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not guarantee the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. Where a direct Dark Fiber IOF route is not available, Verizon will provide, where available, Dark Fiber IOF via a reasonable indirect route that passes through intermediate Verizon Central Offices at the rates set forth in the Pricing Attachment. Verizon reserves the right to limit the number of intermediate Verizon Central Offices on an indirect route consistent with limitations in Verizon’s network design and/or prevailing industry practices for optical transmission applications. Any limitations on the number of intermediate Verizon Central Offices will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is")discussed with Connectel. In addition, Verizon shall not be required to convert lit fiber If access to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strandsIOF is not available, where Wave Division Multiplexing Verizon will notify Connectel, within fifteen (WDM15) or Dense Wave Division Multiplexing (DWDM) equipment is deployedBusiness Days, are not considered to be that no spare Dark Fiber Loops andIOF is available over the direct route nor any reasonable alternate indirect route, thereforeexcept that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. Where no available route was found during the record review, Verizon will not identify the first blocked segment on each alternate indirect route and which segment(s) in the alternate indirect route are available prior to encountering a blockage on that route, at the rates set forth in the Pricing Attachment.
8.2.5.1 Connectel shall indicate on the Dark Fiber Inquiry Form whether the available Dark Fiber should be offered to Z-Tel as reserved, at the rates set forth in the Pricing Attachment, pending receipt of an order for the Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) of 8.2.5.2 Upon request from Connectel as indicated on the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable LawInquiry Form, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke shall hold such requested Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Loop, Dark Fiber leased Sub-Loop or Dark Fiber IOF for Connectel’s use for ten (10) Business Days from Connectel’s receipt of Acknowledgement and may not allow any other party (including Verizon) to Z-Tel upon a showing to the Commission use such fiber during that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month time period.
8.2.10.3 Verizon may reserve 8.2.5.3 Connectel shall submit an order for the reserved Dark Fiber for maintenance purposesLoop, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt Sub-Loop or degrade service to Customers Dark Fiber IOF as soon as possible using the standard ordering process or carriers other than Z-Tel, or impair a Verizon obligation to serve parallel provisioning process as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiberdescribed in Section 8.2.5.
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by InterGlobe, Verizon shall provide InterGlobe with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to InterGlobe's Collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to InterGlobe's collocation Collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to InterGlobe’s Collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Sub-Loop terminates at Verizon's accessible terminal located at Verizon’s main termination point located within the Customer premisepremises and the other end terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to InterGlobe’s Collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Sub-Loop terminates at Verizon’s accessible terminal at a Verizon remote terminal equipment enclosure that can be cross-connected to InterGlobe’s Collocation arrangement or adjacent structure and the other end terminates at Verizon’s accessible terminal at another Verizon remote terminal equipment enclosure that can be cross- connected to InterGlobe’s Collocation arrangement or adjacent structure. A CLEC InterGlobe demarcation point at a Customer premises shall be established either in the main telco room of a building where a the Customer premises if Verizon is located in that room or, if the building does not have a main telco room or if Verizon is not located in that room, then at a location to be determined by Verizon. A InterGlobe demarcation point at a Customer premises shall be established at a location that is no more than thirty (30) feet from Verizon’s accessible terminal on which the Dark Fiber Loop or Dark Fiber Sub-Loop terminates. Verizon shall connect a Dark Fiber Loop or Dark Fiber Sub-Loop to the InterGlobe demarcation point by installing a fiber jumperjumper no greater than thirty (30) feet in length.
8.2.2 Z-Tel InterGlobe may access a Dark Fiber Loop Loop, a Dark Fiber Sub-Loop, or Dark Fiber IOF only at a pre-existing hard termination point Verizon accessible terminal of such Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF, and Z-Tel InterGlobe may not access a Dark Fiber Loop, Dark Fiber Sub-Loop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF are not available to InterGlobe unless such Dark Fiber Loops, Dark Fiber Sub-Loops or Dark Fiber IOF are already terminated on an existing Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s requestaccessible terminal. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelInterGlobe.
8.2.3 A strand shall Except if and, to the extent required by, Applicable Law, Verizon will not be deemed perform splicing (e.g., introduce additional splice points or open existing splice points or cases) to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices)accommodate InterGlobe’s request.
8.2.4 Verizon shall perform all work necessary to install (1) a cross connection connect or a fiber jumper, including, but not limited to, the work necessary to connect jumper from a dark fiber Verizon accessible terminal to a InterGlobe Collocation arrangement or (2) from a Verizon accessible terminal to InterGlobe’s demarcation point, point at a fiber distribution frame Customer premises or a POT bayInterGlobe Central Office.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 A "Dark Fiber Inquiry Form" must be submitted prior to submitting an ASR. Upon receipt of InterGlobe’s completed Dark Fiber Inquiry Form, Verizon will initiate a review of its cable records to determine whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available between the locations and in the quantities specified. Verizon will respond within fifteen (15) Business Days from receipt of the InterGlobe’s Dark Fiber Inquiry Form, indicating whether Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF may be available (if so available, an “Acknowledgement”) based on the records search except that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. The Dark Fiber Inquiry is a record search and does not guarantee the availability of Dark Fiber Loop(s), Dark Fiber Sub-Loop(s) or Dark Fiber IOF. Where a direct Dark Fiber IOF route is not available, Verizon will provide, where available, Dark Fiber IOF via a reasonable indirect route that passes through intermediate Verizon Central Offices at the rates set forth in the Pricing Attachment. Verizon reserves the right to limit the number of intermediate Verizon Central Offices on an indirect route consistent with limitations in Verizon’s network design and/or prevailing industry practices for optical transmission applications. Any limitations on the number of intermediate Verizon Central Offices will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is")discussed with InterGlobe. In addition, Verizon shall not be required to convert lit fiber If access to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strandsIOF is not available, where Wave Division Multiplexing Verizon will notify InterGlobe, within fifteen (WDM15) or Dense Wave Division Multiplexing (DWDM) equipment is deployedBusiness Days, are not considered to be that no spare Dark Fiber Loops andIOF is available over the direct route nor any reasonable alternate indirect route, thereforeexcept that for voluminous requests or large, complex projects, Verizon reserves the right to negotiate a different interval. Where no available route was found during the record review, Verizon will not identify the first blocked segment on each alternate indirect route and which segment(s) in the alternate indirect route are available prior to encountering a blockage on that route, at the rates set forth in the Pricing Attachment.
8.2.5.1 InterGlobe shall indicate on the Dark Fiber Inquiry Form whether the available Dark Fiber should be offered to Z-Tel as reserved, at the rates set forth in the Pricing Attachment, pending receipt of an order for the Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) of 8.2.5.2 Upon request from InterGlobe as indicated on the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable LawInquiry Form, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke shall hold such requested Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Loop, Dark Fiber leased Sub-Loop or Dark Fiber IOF for InterGlobe’s use for ten (10) Business Days from InterGlobe’s receipt of Acknowledgement and may not allow any other party (including Verizon) to Z-Tel upon a showing to the Commission use such fiber during that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month time period.
8.2.10.3 Verizon may reserve 8.2.5.3 InterGlobe shall submit an order for the reserved Dark Fiber for maintenance purposesLoop, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt Sub-Loop or degrade service to Customers Dark Fiber IOF as soon as possible using the standard ordering process or carriers other than Z-Tel, or impair a Verizon obligation to serve parallel provisioning process as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiberdescribed in Section 8.2.5.
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 Subject to the conditions set forth in Section 1 of this Attachment and upon request by CTT, Verizon shall provide CTT with access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF in accordance with, and subject to, the rates, terms and conditions provided in the Pricing Attachment and rates, terms and conditions of Verizon’s applicable Tariffs. Access to unbundled Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided by Verizon, Verizon only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's networkavailable. Access to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF consist of Verizon optical transmission facilities without attached multiplexers, aggregation or other electronics. To the extent Verizon’s Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF contain any lightwave repeaters (e.g., regenerators or optical amplifiers) installed thereon, Verizon shall not remove the same. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offeringofferings.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Sub-Loops and Dark Fiber IOF:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a Verizon accessible terminal in Verizon's Central Office that can be cross-connected to CTT's collocation arrangement located in that same Verizon Central Office and the other end terminates at Verizon's accessible terminal located in Verizon’s main termination point in the Customer premises in the same serving wire center. Verizon shall be required to provide a Dark Fiber Sub-Loop only where (1) one end of the Dark Fiber Sub-Loop terminates at ZVerizon’s accessible terminal in Verizon’s Central Office that can be cross-Telconnected to CTT's collocation arrangement located in that same Verizon Central Office and (2) the other end terminates at the Customer premise. A CLEC demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then Verizon’s accessible terminal at a location Verizon remote terminal equipment enclosure that can be cross-connected to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber LoopCTT’s collocation arrangement or adjacent structure, and Z-Tel may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLEC’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-Tel.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 Dark Fiber will be offered to Z-Tel in the condition that it is available in Verizon's network at the time that Z-Tel submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM2) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing a maximum of twenty-five percent (25%) one end of the Dark Fiber in any given segment of Sub-Loop terminates at Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, accessible terminal located at Verizon’s right to claim before main termination point located within the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers Customer premises and the other than Z-Tel, or impair end terminates at Verizon’s accessible terminal at a Verizon obligation remote terminal equipment enclosure that can be cross- connected to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark Fiber.CTT’s collocation arrangement or adjacent structure, or
Appears in 1 contract
Samples: Telecommunications
Dark Fiber. 8.1 Access to unbundled Dark Fiber will be provided by Verizon, where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's network. Access to Dark Fiber will be provided in accordance with, but only to the extent required by, Applicable Law. Except as otherwise required by Applicable Law, the following terms and conditions apply to Verizon's Dark Fiber offering.
8.2 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon fiber optic cable between the fiber distribution frame, or its functional equivalent, located within a Verizon Wire Center, and Verizon’s main termination point, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it, and thereby render it capable of carrying Telecommunications Services. In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops:
8.2.1 Verizon shall be required to provide a Dark Fiber Loop only where (1) one end of the Dark Fiber Loop terminates at Z-TelTech Com's collocation arrangement and (2) the other end terminates at the Customer premise. A CLEC Tech Com demarcation point shall be established either in the main telco room of a building where a Customer is located or, if the building does not have a main telco room, then at a location to be determined by Verizon. Verizon shall connect a Dark Fiber Loop to the demarcation point by installing a fiber jumper.
8.2.2 Z-Tel Tech Com may access a Dark Fiber Loop only at a pre-existing hard termination point of such Dark Fiber Loop, and Z-Tel Tech Com may not access a Dark Fiber Loop at any other point, including, but not limited to, a splice point. Verizon will not introduce additional splice points or open existing splice points to accommodate a CLECTech Com’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon Wire Center, and not terminated to a fiber patch, are not available to Z-TelTech Com.
8.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon shall perform all work necessary to install a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect a dark fiber to a demarcation point, a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel Tech Com pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-TelTech Com.
8.2.6 Dark Fiber will be offered to Z-Tel Tech Com in the condition that it is available in Verizon's network at the time that Z-Tel Tech Com submits its request (i.e., "as is"). In addition, Verizon shall not be required to convert lit fiber to Dark Fiber for Z-TelTech Com's use.
8.2.7 Spare wavelengths on fiber strands, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel Tech Com as Dark Fiber.
8.2.8 Z-Tel Tech Com shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel Tech Com may not resell Dark Fiber purchased pursuant to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel Tech Com to leasing a maximum of twenty-five percent (25%) of the Dark Fiber in any given segment of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel Tech Com upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-TelTech Com; and
8.2.10.2 Revoke Dark Fiber leased to Z-Tel Tech Com upon a showing to the Commission that Z-Tel Tech Com underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel Tech Com order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than Z-Tel, or impair a Verizon obligation to serve as a carrier of last resort. 8.2.11 Z-Tel Tech Com may not reserve Dark Fiber.
Appears in 1 contract
Samples: Service Agreement
Dark Fiber. 8.1 1.2.12.1 Subject to the conditions set forth in Section 1.7 below and upon request, VERIZON shall provide SPRINT with access to Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF (as such terms are hereinafter defined) in accordance with, and subject to, the terms and provisions of this Agreement, the rates set forth in Part IV, and the rates, terms and conditions of VERIZON’s applicable Tariffs (including, but not limited to, to the extent applicable, VERIZON Tariffs Pa. P.U.C.-Nos. 216 and 218). Access to unbundled Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF will be provided by Verizon, VERIZON only where existing facilities are available at the requested availability date, in the loop, subloop and interoffice facilities (IOF) portions of the Company's network. Access to Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF will be provided in accordance with, but only to the extent required by, Applicable Law. Except as otherwise required by Applicable Law, the following terms and conditions apply to VerizonVERIZON's Dark Fiber offeringofferings.
8.2 1.2.12.1.1 A “Dark Fiber Loop” consists of continuous fiber optic strand(s) in a Verizon VERIZON fiber optic cable between VERIZON's Accessible Terminal, such as the fiber distribution frame, or its functional equivalent, located within a Verizon VERIZON Wire Center, and VerizonVERIZON’s main termination pointpoint at a Customer premise, such as the fiber patch panel located within a Customer premise, and that has not been activated through connection to the electronics that “light” it and render it capable of carrying Telecommunications Services.
1.2.12.1.2 A “Dark Fiber Subloop” consists of continuous fiber optic strand(s) in a VERIZON fiber optic cable (a) between VERIZON’s Accessible Terminal located within a VERIZON Wire Center, and VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure, (b) between VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure and VERIZON’s main termination point located within a Customer premise, or (c) between VERIZON’s Accessible Terminals at VERIZON remote terminal equipment enclosures, and that in all cases has not been activated through connection to electronics that “light” it and render it capable of carrying Telecommunications Services.
1.2.12.1.3 A “Dark Fiber IOF” consists of continuous fiber strand(s) that are located within a fiber optic cable between either (a) Accessible Terminals in two VERIZON Central Offices or (b) an Accessible Terminal in a VERIZON Central Office and a SPRINT Central Office, but, in either case, that has not been activated through connection to multiplexing, aggregation or other electronics that "light it, " and thereby render it capable of carrying Telecommunications Services. .
1.2.12.2 In addition to the other terms and conditions of this Agreement, the following terms and conditions also shall apply to Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF:
8.2.1 Verizon 1.2.12.2.1 VERIZON shall be required to provide a Dark Fiber Loop only where one end of the Dark Fiber Loop terminates at a VERIZON Accessible Terminal in VERIZON's Central Office that can be cross-connected to SPRINT's collocation arrangement located in that same VERIZON Central Office and the other end terminates at the Customer premise. VERIZON shall be required to provide a Dark Fiber Subloop only where (1) one end of the Dark Fiber Loop Subloop terminates at Z-TelVERIZON’s Accessible Terminal in VERIZON’s Central Office that can be cross- connected to SPRINT's collocation arrangement located in that same VERIZON Central Office and (2) the other end terminates at VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure that can be cross-connected to SPRINT’s collocation arrangement or adjacent structure, or (2) one end of the Dark Fiber Subloop terminates at VERIZON’s main termination point located within the Customer premisepremise and the other end terminates at VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure that can be cross-connected to SPRINT’s collocation arrangement or adjacent structure, or (3) one end of the Dark Fiber Subloop terminates at VERIZON’s Accessible Terminal at a VERIZON remote terminal equipment enclosure that can be cross-connected to SPRINT’s collocation arrangement or adjacent structure and the other end terminates at VERIZON’s Accessible Terminal at another VERIZON remote terminal equipment enclosure that can be cross-connected to SPRINT’s collocation arrangement or adjacent structure. A CLEC SPRINT demarcation point at a Customer premise shall be established either in the main telco room of a building where a the Customer premise if VERIZON is located in that room or, if the building does not have a main telco room or if VERIZON is not located in that room, then at a location to be determined by VerizonVERIZON. Verizon A SPRINT demarcation point at a Customer premise shall be established at a location that is no more than 30 feet from VERIZON’s Accessible Terminal on which the Dark Fiber Loop or Dark Fiber Subloop terminates. VERIZON shall connect a Dark Fiber Loop or Dark Fiber Subloop to the SPRINT demarcation point by installing a fiber jumperjumper no greater than 30 feet in length. VERIZON shall be required to provide Dark Fiber IOF only where (1) one end of the Dark Fiber IOF terminates at a VERIZON Accessible Terminal in a VERIZON Central Office that can be cross-connected to SPRINT's collocation arrangement located in that same VERIZON Central Office and the other end terminates at a VERIZON Accessible Terminal in another VERIZON Central Office that can be cross-connected to SPRINT's collocation arrangement located in that same VERIZON Central Office, or (2) one end of the Dark Fiber IOF terminates in a VERIZON Accessible Terminal in a VERIZON Central Office that can be cross-connected to SPRINT's collocation arrangement located in that same VERIZON Central Office and the other end terminates in a SPRINT Central Office. A SPRINT demarcation point at a SPRINT Central Office shall be established at a location that is no more than 30 feet from VERIZON’s Accessible Terminal on which the Dark Fiber IOF terminates. VERIZON shall connect a Dark Fiber IOF to the SPRINT demarcation point by installing a fiber jumper no greater than 30 feet in length.
8.2.2 Z-Tel 1.2.12.2.2 SPRINT may access a Dark Fiber Loop Loop, a Dark Fiber Subloop, or Dark Fiber IOF only at a pre-existing hard termination point VERIZON Accessible Terminal of such Dark Fiber Loop, Dark Fiber Subloop or Dark Fiber IOF, and Z-Tel SPRINT may not access a Dark Fiber Loop Loop, Dark Fiber Subloop or Dark Fiber IOF at any other point, including, but not limited to, a splice pointpoint or case. Verizon Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF are not available to SPRINT unless such Dark Fiber Loops, Dark Fiber Subloops or Dark Fiber IOF already are terminated on a VERIZON Accessible Terminal. Except where required by Applicable Law, VERIZON will not introduce additional splice points or open existing splice points or cases to accommodate a CLECSPRINT’s request. Unused fibers located in a cable vault or a controlled environment vault, manhole or other location outside the Verizon VERIZON Wire Center, and not terminated to a fiber patchpatch panel, are not available to Z-TelSPRINT.
8.2.3 1.2.12.2.3 A strand shall not be deemed to be continuous if splicing is required to provide fiber continuity between two locations. Dark Fiber Loops, Dark Fiber Subloops and Dark Fiber IOF will only be offered on a route-direct basis where facilities exist (i.e., no intermediate offices).
8.2.4 Verizon 1.2.12.2.4 VERIZON shall perform all work necessary to install install: (1) a cross connection or a fiber jumper, including, but not limited to, the work necessary to connect jumper from a dark fiber VERIZON Accessible Terminal to a SPRINT collocation arrangement or (2) from a VERIZON Accessible Terminal to SPRINT's demarcation point, point at a fiber distribution frame or a POT bay.
8.2.5 At the Customer premise, unused fibers are not available to Z-Tel pursuant to this Attachment unless such fibers terminate on a fiber patch panel. Unused fibers in a fiber splice point located outside the Customer premise are not available to Z-Tel.
8.2.6 or SPRINT Central Office. 1.2.12.2.5 A Dark Fiber Inquiry Form must be submitted prior to submitting an ASR. Upon receipt of the completed Inquiry Form, VERIZON will initiate a review of its cable records to determine whether Dark Fiber Loop, Dark Fiber Subloop or Dark Fiber IOF may be offered to Z-Tel available between the locations and in the condition that it is available in Verizon's network at the time that Z-Tel submits its request quantities specified. VERIZON will respond within fifteen (i.e.15) Business Days from receipt of SPRINT’s request, "as is"). In addition, Verizon shall not be required to convert lit fiber to indicating whether Dark Fiber for Z-Tel's use.
8.2.7 Spare wavelengths on fiber strandsLoop, where Wave Division Multiplexing (WDM) or Dense Wave Division Multiplexing (DWDM) equipment is deployed, are not considered to be spare Dark Fiber Loops and, therefore, will not be offered to Z-Tel as Dark Fiber.
8.2.8 Z-Tel shall be responsible for providing all transmission, terminating and regeneration equipment necessary to light and use Dark Fiber.
8.2.9 Z-Tel may not resell Subloop or Dark Fiber purchased pursuant IOF may be available based on the records search except that for voluminous requests or large, complex projects, VERIZON reserves the right to this Attachment to third parties.
8.2.10 In order for Verizon to continue to satisfy its carrier of last resort (COLR) obligations under Applicable Law and/or to preserve the efficiency of its network, Verizon will limit Z-Tel to leasing negotiate a maximum of twenty-five percent (25%) of the different interval. The Dark Fiber in any given segment Inquiry is a record search and does not guarantee the availability of Verizon's network during any two-year period. In addition, except as otherwise required by Applicable Law, Verizon may take any of the following actions, notwithstanding anything to the contrary in this Agreement:
8.2.10.1 Revoke Dark Fiber leased to Z-Tel upon a showing of need to the Commission and twelve (12) months' advance written notice to Z-Tel; and
8.2.10.2 Revoke Loops, Dark Fiber leased to Z-Tel upon a showing to the Commission that Z-Tel underutilized fiber (less than OC-12) within any twelve (12) month period.
8.2.10.3 Verizon may reserve Subloops or Dark Fiber for maintenance purposes, or to satisfy Customer orders for fiber related services or for future growth. Verizon reserves and shall not waive, Verizon’s right to claim before the Commission that Verizon should not have to fulfill a Z-Tel order for Dark Fiber because that request would strand an unreasonable amount of fiber capacity, disrupt or degrade service to Customers or carriers other than Z-Tel, or impair a Verizon obligation to serve as a carrier of last resort. 8.2.11 Z-Tel may not reserve Dark FiberIOF.
Appears in 1 contract
Samples: Interconnection Agreement
