DEDICATED TRANPORT. 49.1. Sprint shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of Sprint’s wire centers or switches and another of Sprint’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any. 49.1.1. Sprint is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers (i.e. entrance facilities). Further, Sprint is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE. 49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier. 49.2.1. Sprint shall unbundle DS1 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center. 49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis. 49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC. 49.2.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. 49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC. 49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier. 49.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center. 49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis. 49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC. 49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. 49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC. 49.4. Technical Requirements for DS1 and DS3 Dedicated Transport 49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows: 49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic. 49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates. 49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition 49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications. 49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows: 49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center. 49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE. 49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC. 49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. 49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
Appears in 5 contracts
Samples: Master Interconnection, Collocation and Resale Agreement, Master Interconnection, Collocation and Resale Agreement, Master Interconnection, Collocation, and Resale Agreement
DEDICATED TRANPORT. 49.150.1. Sprint Embarq shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintEmbarq’s wire centers Wire Centers or switches and another of SprintEmbarq’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.150.1.1. Sprint Embarq is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers Embarq Wire Centers (i.e. i.e., entrance facilities). Further, Sprint Embarq is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.250.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.150.2.1. Sprint Embarq shall unbundle DS1 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint Embarq will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.250.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 200550.2.3. Where Sprint Embarq is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 50.2.1 and 49.2.250.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11Network Elements.
50.2.4. Any DS1 dedicated transport that CLEC previously leased from Embarq but which Embarq is not obligated to unbundle pursuant to Sections 50.2.1 and 50.2.2, 2005. CLEC shall be subject to the following:
(a) Such DS1 dedicated transport must submit the necessary orders to convert these UNEs be converted to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end thirty (30) Days of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangementsEffective Date of this Agreement. If CLEC fails to submit the necessary ordersorders to convert and complete the transition of such DS1 transport to an alternative service arrangement within thirty (30) Days of the Effective Date of this Agreement, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.2.4(b) Any DS1 dedicated transport service provided to CLEC by Embarq after 03/10/06 that Embarq was no longer required to unbundle shall be subject to billing at applicable rates for comparable access services, provided however, that such access rates shall not apply until ninety (90) Days after Embarq was no longer required to unbundled such transport.
(c) Any DS1 dedicated transport service provided to CLEC by Embarq between 03/11/05 and 03/10/06 that CLEC ordered prior to 03/11/05 shall be subject to billing at 115% of the rate that was applicable to such dedicated transport immediately prior to such period.
50.2.5. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS1 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this AgreementAgreement and Embarq will also post such information on its website. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after ninety (90) Days have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 12-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.1. (a) CLEC must submit the necessary orders to convert these UNEs such DS1 Dedicated Transport to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs transport to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders within the six month period, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.350.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.150.3.1. Sprint Embarq shall unbundle DS3 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in this Agreement, both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint Embarq will unbundle DS3 transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.3.250.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 200550.3.3. Where Sprint Embarq is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 Sections 50.3.1 and 49.3.250.3.2, CLEC may not obtain new DS3 transport as unbundled network elementsNetwork Elements.
50.3.4. Any DS3 dedicated transport UNE that CLEC previously leased from Embarq as of 03/11/05 but which Embarq is not obligated to unbundle pursuant to Sections 50.3.1 and 50.3.2, shall be subject to the following:
(a) Such DS3 dedicated transport must submit the necessary orders to convert these UNEs be converted to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end thirty (30) Days of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangementsEffective Date of this Agreement. If CLEC fails to submit convert and complete the necessary orderstransition of such DS3 transport to an alternative service arrangement within thirty (30) Days of the Effective Date of this Agreement, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.3.4(b) Any DS3 dedicated transport service provided to CLEC by Embarq after 03/10/06 that Embarq was no longer required to unbundle shall be subject to billing at applicable rates for comparable access services, provided however, that such access rates shall not apply until ninety (90) Days after Embarq was no longer required to unbundled such transport.
(c) Any DS3 dedicated transport service provided to CLEC by Embarq between 03/11/05 and 03/10/06 that CLEC ordered prior to 03/11/05 shall be subject to billing at 115% of the rate that was applicable to such dedicated transport immediately prior to such period.
50.3.5. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS3 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this AgreementAgreement and Embarq will also post such information on its website. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after ninety (90) Days have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 12-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. (a) CLEC must submit the necessary orders to convert these UNEs such DS3 Dedicated Transport to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six (6) month period, CLEC must have transitioned the UNEs transport to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of six (6) month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.450.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.150.4.1. Where technologically feasible and available, Sprint Embarq shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. (a) When Sprint Embarq provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1DS1, DS-3DS3) shall be dedicated to CLEC designated traffic.
49.4.1.2. (b) Where Sprint Embarq has technology available, Sprint Embarq shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT SONET (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.550.5. Dedicated Dark Fiber Transport 49.5.150.5.1. General Rules and Definition
49.5.1.1. (a) Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by SprintEmbarq, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint (b) Embarq will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint (i) Embarq shall unbundle dark fiber transport between any pair of Sprint Embarq Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint Embarq will unbundle dark fiber transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. (ii) Where Sprint Embarq is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. (iii) Any Dark Fiber transport that CLEC previously leased from Embarq, but which Embarq is no longer obligated to unbundle pursuant to Section 50.5 shall be subject to the following:
(A) Such Dark Fiber transport must submit the necessary orders to convert these UNEs be converted to an alternative service arrangement within eighteen months thirty (30) Days of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangementsEffective Date of this Agreement. If CLEC fails to submit the necessary ordersorders to convert such Dark Fiber transport to an alternative arrangement within such thirty (30) Day period, Sprint Embarq will convert have the right to terminate and disconnect the Dark Fiber Dedicated Transport transport.
(B) Any Dark Fiber transport service provided by Embarq to CLEC between 03/11/05 and 09/05/06 shall be billed at 115% of the rate applicable for such Dark Fiber transport immediately prior to that period, and any Dark Fiber transport service provided by Embarq to CLEC after 09/05/06 and prior to such conversion or termination shall be billed at applicable rates for comparable access services. Sprint will assess , based on the conversion charge and a management fee for capacity of the work performed by Sprint on behalf of CLECelectronics deployed in connection with such Dark Fiber transit.
49.5.1.3. (c) If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this AgreementAgreement and Embarq will also post such information on its website. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after ninety (90) Days have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 18-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. (i) CLEC must submit the necessary orders to convert these UNEs such dark fiber dedicated transport to an alternative service arrangement within eighteen six months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve six (6) month period, CLEC must have transitioned the UNEs transport to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint Embarq will convert the Dark Fiber Dedicated Transport to comparable access servicesAccess Services, if available, or disconnect the Dark Fiber facilities. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
Appears in 3 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.1. Sprint Embarq shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintEmbarq’s wire centers or switches and another of SprintEmbarq’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any.
49.1.1. Sprint Embarq is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint incumbent LEC wire centers (i.e. entrance facilities). Further, Sprint Embarq is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint Embarq shall unbundle DS1 transport between any pair of Sprint Embarq wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint Embarq will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis. If CLEC has more than ten DS1 dedicated transport circuits on a single route CLEC will transition any DS1 dedicated transport circuits on a route in excess of ten to another service within 90 days.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint Embarq as of that date, but which Sprint Embarq is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint Embarq at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, Sprint 2006, Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Xxxxxx on behalf of CLEC. The Parties have not identified any DS1 Dedicated Transport leased by MCI that need to be transitioned. Should any DS1 Dedicated Transport be identified in the future the parties will work together to transition them in a reasonable time frame, not to exceed 6 months from the date of identification.
49.2.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint Embarq on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any DS1 Dedicated Transport leased from Embarq during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders by the end of the six month period, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge consisting of the applicable UNE disconnect charge and a management fee the installation charge for the tariffed service for the work performed by Sprint Embarq on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint Embarq shall unbundle DS3 transport between any pair of Sprint Embarq wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint Embarq will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis. If CLEC has more than twelve DS3 dedicated transport circuits on a route CLEC will transition any DS3 dedicated transport circuits on a route in excess of twelve to another service within 90 days.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint Embarq as of that date, but which Sprint Embarq is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the twelve-month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Xxxxxx on behalf of CLEC. The Parties have not identified any DS3 Dedicated Transport leased by MCI that need to be transitioned. Should any DS3 Dedicated Transport be identified in the future the parties will work together to transition them in a reasonable time frame, not to exceed 6 months from the date of identification.
49.3.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. . CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint Embarq on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any DS3 Dedicated Transport leased from Embarq during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of six-month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge consisting of the applicable UNE disconnect charge and a management fee the installation charge for the tariffed service for the work performed by Sprint Embarq on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint Embarq shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint Embarq provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint Embarq has technology available, Sprint Embarq shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by SprintEmbarq, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint Embarq will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint Embarq shall unbundle dark fiber transport between any pair of Sprint Embarq Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint Embarq will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-18- month period, any dark fiber transport UNE that CLEC leases from SprintEmbarq, where Sprint Embarq is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the eighteen- month period, Sprint Embarq will convert disconnect the Dark Fiber Dedicated Transport. The Parties have not identified any Dark Fiber Dedicated Transport leased by MCI that need to comparable access servicesbe transitioned. Sprint Should any Dark Fiber Dedicated Transport be identified in the future the Parties will assess work together to transition them in a reasonable time frame, not to exceed 6 months from the conversion charge and a management fee for the work performed by Sprint on behalf date of CLECidentification.
49.5.1.3. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. . CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint Embarq on the date of the notice shall be available for a 186-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any Dark Fiber Dedicated Transport leased from Embarq during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen six months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint Embarq will convert disconnect the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECTransport.
Appears in 2 contracts
Samples: Master Interconnection, Collocation and Resale Agreement, Master Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.1. Sprint shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of Sprint’s wire centers Wire Centers or switches and another of Sprint’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.1. Sprint is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers Wire Centers (i.e. entrance facilities). Further, Sprint is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 1.544 of
1. 544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint shall unbundle DS1 transport between any pair of Sprint wire centers Wire Centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements Network Elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, 2006, Sprint will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.2.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, 2006, Sprint will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers Wire Centers except where, through application of tier classifications defined in this Agreement, both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elementsNetwork Elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the twelve-month period, Sprint will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of twelve-month period, Sprint will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.15.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.1. Sprint shall provide CLEC AT&T with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of Sprint’s wire centers or switches and another of Sprint’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any.
49.1.1. Sprint is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers (i.e. entrance facilities). Further, Sprint is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC AT&T on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint shall unbundle DS1 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center.
49.2.2. CLEC AT&T may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC AT&T leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC AT&T will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC AT&T may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC AT&T must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC AT&T for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC AT&T must have transitioned the UNEs to alternative facilities or arrangements. If CLEC AT&T fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.AT&T.
49.2.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC AT&T notice in accordance with the notice provisions of this Agreement. CLEC AT&T shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC AT&T paid on the date of the notice.
49.2.4.1. CLEC AT&T must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC AT&T must have transitioned the UNEs to alternative facilities or arrangements. If CLEC AT&T fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.AT&T.
49.3. Dedicated DS3 transport shall be made available to CLEC AT&T on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.3.2. CLEC AT&T may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC AT&T leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC AT&T will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC AT&T may not obtain new DS3 transport as unbundled network elements. CLEC AT&T must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC AT&T for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC AT&T must have transitioned the UNEs to alternative facilities or arrangements. If CLEC AT&T fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.AT&T.
49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC AT&T notice in accordance with the notice provisions of this Agreement. CLEC AT&T shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC AT&T paid on the date of the notice.
49.3.4.1. CLEC AT&T must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC AT&T must have transitioned the UNEs to alternative facilities or arrangements. If CLEC AT&T fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.AT&T.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC AT&T designated traffic.
49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, cable deployed by Sprint, Sprint that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. : Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC AT&T leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC AT&T will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC AT&T may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC AT&T must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC AT&T must have transitioned the UNEs to alternative facilities or arrangements. If CLEC AT&T fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.AT&T.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC AT&T notice in accordance with the notice provisions of this Agreement. CLEC AT&T shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC AT&T paid on the date of the notice.
49.5.1.3.1. CLEC AT&T must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC AT&T for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC AT&T must have transitioned the UNEs to alternative facilities or arrangements. If CLEC AT&T fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECAT&T. 49.5.2. Fiber Availability 49.5.2.1. Spare fibers in a sheath are not considered available if Sprint has plans to put the fiber in use within the current year or the following year.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.1. Sprint shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of Sprint’s wire centers Wire Centers or switches and another of Sprint’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.1. Sprint is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers Wire Centers (i.e. entrance facilities). Further, Sprint is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 1.544 of
1. 544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint shall unbundle DS1 transport between any pair of Sprint wire centers Wire Centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements Network Elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, 2006, Sprint will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.2.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 thirty (30) days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, 2006, Sprint will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers Wire Centers except where, through application of tier classifications defined in this Agreement, both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elementsNetwork Elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the twelve-month period, Sprint will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of twelve-month period, Sprint will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.15.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.150.1. Sprint Embarq shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintEmbarq’s wire centers Wire Centers or switches and another of SprintEmbarq’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.150.1.1. Sprint Embarq is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers Embarq Wire Centers (i.e. i.e., entrance facilities). Further, Sprint Embarq is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.250.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.150.2.1. Sprint Embarq shall unbundle DS1 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint Embarq will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.250.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.350.2.3. For a 12-month period beginning on March 11, 2005, any Any DS1 dedicated transport UNE that CLEC leases leased from Sprint Embarq as of that date03/11/05, but which Sprint Embarq is not obligated to unbundle pursuant to Sections 49.2.1 50.2.1 and 49.2.250.2.2, must be converted to an alternative service arrangement within thirty (30) days of the Effective Date of this Agreement. Any service provided by Embarq to CLEC over such DS1 dedicated transport after 03/11/05 and prior to such conversion shall be available billed at applicable rates for lease from Sprint at the rates comparable services as shown on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 50.2.1 and 49.2.250.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005Network Elements. If CLEC must fails to submit the necessary orders to convert and complete the transition of these UNEs to an alternative service arrangement within twelve months thirty (30) days of March 11the Effective Date of this Agreement, 2005Embarq will convert the DS1 Dedicated Transport to comparable Access Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Embarq on behalf of CLEC. Embarq will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. 12/11/05.
(a) If CLEC fails to submit the necessary orders, Sprint will convert the has ordered new UNE DS1 Dedicated Transport on routes identified on Exhibit A since 03/11/05, those UNEs will be converted to comparable access services. Sprint services and the applicable rates will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECapply back to 03/11/05.
49.2.450.2.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS1 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 after ninety (90) days after have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 12-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.1. (a) CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders within the six month period, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.350.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.150.3.1. Sprint Embarq shall unbundle DS3 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in this Agreement, both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint Embarq will unbundle DS3 transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.3.250.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.350.3.3. For a 12-month period beginning on March 11, 2005, any Any DS3 dedicated transport UNE that CLEC leases leased from Sprint Embarq as of that date, 03/11/05 but which Sprint Embarq is not obligated to unbundle pursuant to sections 49.3.1 Sections 50.3.1 and 49.3.250.3.2, must be converted to an alternative service arrangement within thirty (30) days of the Effective Date of this Agreement. Any service provided by Embarq to CLEC over such DS3 dedicated transport after 03/11/05 and prior to such conversion shall be available billed at applicable rates for lease from the incumbent LEC at the rate comparable services as shown on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 Sections 50.3.1 and 49.3.250.3.2, CLEC may not obtain new DS3 transport as unbundled network elementsNetwork Elements. If CLEC must submit the necessary orders fails to convert and complete the transition of these UNEs to an alternative service arrangement within twelve months thirty (30) days of March 11the Effective Date of this Agreement, 2005Embarq will convert the DS3 Dedicated Transport to comparable Access Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Embarq on behalf of CLEC. Embarq will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. 12/11/05.
(a) If CLEC fails to submit the necessary orders, Sprint will convert the has ordered new UNE DS3 Dedicated Transport between Wire Centers identified on Exhibit A since 03/11/05, those UNEs will be converted to comparable access services. Sprint services and the applicable rates will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECapply back to 03/11/05.
49.3.450.3.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS3 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 after ninety (90) days after have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 12-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. (a) CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six (6) month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of six (6) month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.450.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.150.4.1. Where technologically feasible and available, Sprint Embarq shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. (a) When Sprint Embarq provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1DS1, DS-3DS3) shall be dedicated to CLEC designated traffic.
49.4.1.2. (b) Where Sprint Embarq has technology available, Sprint Embarq shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.550.5. Dedicated Dark Fiber Transport 49.5.150.5.1. General Rules and Definition
49.5.1.1. (a) Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by SprintEmbarq, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint (b) Embarq will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint (i) Embarq shall unbundle dark fiber transport between any pair of Sprint Embarq Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint Embarq will unbundle dark fiber transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.5.1.2.2. (ii) Beginning on March 11, 2005 03/11/05 and for an 18-month period, any dark fiber transport UNE that CLEC leases from SprintEmbarq, where Sprint Embarq is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 200503/11/05. Where Sprint Embarq is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. (iii) CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 200503/11/05. Embarq will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to 06/11/06. By September 10, 200609/10/06, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before 09/10/06, Sprint Embarq will convert the Dark Fiber Dedicated Transport to comparable access servicesAccess Services, if available, or disconnect the Dark Fiber facilities. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.5.1.3. (c) If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 after ninety (90) days after have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 18-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. (i) CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen six months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve six (6) month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint Embarq will convert the Dark Fiber Dedicated Transport to comparable access servicesAccess Services, if available, or disconnect the Dark Fiber facilities. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
Appears in 1 contract
DEDICATED TRANPORT. 49.110.1. Sprint shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of Sprint’s wire centers or switches and another of Sprint’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any.
49.1.110.1.1. Sprint is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers (i.e. entrance facilities). Further, Sprint is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.210.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.110.2.1. Sprint shall unbundle DS1 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center.
49.2.210.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.310.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 10.2.1 and 49.2.210.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 10.2.1 and 49.2.210.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.2.410.2.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.110.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.310.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.110.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.3.210.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.310.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.10.3.1 and
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Samples: Master Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.1. Sprint shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of Sprint’s wire centers or switches and another of Sprint’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any.
49.1.1. Sprint is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers (i.e. entrance facilities). Further, Sprint is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint shall unbundle DS1 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.2.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
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DEDICATED TRANPORT. 49.150.1. Sprint Embarq shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintEmbarq’s wire centers Wire Centers or switches and another of SprintEmbarq’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.150.1.1. Sprint Embarq is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers Embarq Wire Centers (i.e. i.e., entrance facilities). Further, Sprint Embarq is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.250.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.carrier.
49.2.150.2.1. Sprint Embarq shall unbundle DS1 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint Embarq will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.250.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 200550.2.3. Where Sprint Embarq is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 50.2.1 and 49.2.250.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11Network Elements.
50.2.4. Any DS1 dedicated transport that CLEC previously leased from Embarq but which Embarq is not obligated to unbundle pursuant to Sections 50.2.1 and 50.2.2, 2005. CLEC shall be subject to the following:
(a) Such DS1 dedicated transport must submit the necessary orders to convert these UNEs be converted to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end thirty (30) Days of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangementsEffective Date of this Agreement. If CLEC fails to submit the necessary ordersorders to convert and complete the transition of such DS1 transport to an alternative service arrangement within thirty (30) Days of the Effective Date of this Agreement, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Xxxxxx on behalf of CLEC.
49.2.4(b) Any DS1 dedicated transport service provided to CLEC by Embarq after 03/10/06 that Embarq was no longer required to unbundle shall be subject to billing at applicable rates for comparable access services, provided however, that such access rates shall not apply until ninety (90) Days after Embarq was no longer required to unbundled such transport.
(c) Any DS1 dedicated transport service provided to CLEC by Embarq between 03/11/05 and 03/10/06 that CLEC ordered prior to 03/11/05 shall be subject to billing at 115% of the rate that was applicable to such dedicated transport immediately prior to such period.
50.2.5. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS1 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this AgreementAgreement and Embarq will also post such information on its website. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after ninety (90) Days have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 12-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.notice.
49.2.4.1. (a) CLEC must submit the necessary orders to convert these UNEs such DS1 Dedicated Transport to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs transport to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders within the six month period, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Xxxxxx on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
Appears in 1 contract
DEDICATED TRANPORT. 49.1. Sprint shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of Sprint’s wire centers Wire Centers or switches and another of Sprint’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.1. Sprint is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers Wire Centers (i.e. entrance facilities). Further, Sprint is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 1.544 of
1. 544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint shall unbundle DS1 transport between any pair of Sprint wire centers Wire Centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements Network Elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, 2006, Sprint will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.2.3.1. If CLEC has ordered new UNE DS1 Dedicated Transport on routes identified on Exhibit A since March 11, 2005, those UNEs will be converted to comparable access services and the applicable rates will apply back to March 11, 2005.
49.2.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, 2006, Sprint will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers Wire Centers except where, through application of tier classifications defined in this Agreement, both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elementsNetwork Elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the twelve-month period, Sprint will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.3.1. If CLEC has ordered new UNE DS3 Dedicated Transport between Wire Centers identified on Exhibit A since March 11, 2005, those UNEs will be converted to comparable access services and the applicable rates will apply back to March 11, 2005.
49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of twelve-month period, Sprint will convert the DS3 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.15.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
Appears in 1 contract
DEDICATED TRANPORT. 49.1. Sprint Embarq shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintEmbarq’s wire centers or switches and another of SprintEmbarq’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any.
49.1.1. Sprint Embarq is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint incumbent LEC wire centers (i.e. entrance facilities). Further, Sprint Embarq is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint Embarq shall unbundle DS1 transport between any pair of Sprint Embarq wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint Embarq will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis. If CLEC has more than ten DS1 dedicated transport circuits on a single route CLEC will transition any DS1 dedicated transport circuits on a route in excess of ten to another service within 90 days.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint Embarq as of that date, but which Sprint Embarq is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint Embarq at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, Sprint 2006, Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Xxxxxx on behalf of CLEC. The Parties have not identified any DS1 Dedicated Transport leased by MCI that need to be transitioned. Should any DS1 Dedicated Transport be identified in the future the parties will work together to transition them in a reasonable time frame, not to exceed 6 months from the date of identification.
49.2.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint Embarq on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any DS1 Dedicated Transport leased from Embarq during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders by the end of the six month period, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge consisting of the applicable UNE disconnect charge and a management fee the installation charge for the tariffed service for the work performed by Sprint Xxxxxx on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint Embarq shall unbundle DS3 transport between any pair of Sprint Embarq wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint Embarq will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis. If CLEC has more than twelve DS3 dedicated transport circuits on a route CLEC will transition any DS3 dedicated transport circuits on a route in excess of twelve to another service within 90 days.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint Embarq as of that date, but which Sprint Embarq is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the twelve-month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Xxxxxx on behalf of CLEC. The Parties have not identified any DS3 Dedicated Transport leased by MCI that need to be transitioned. Should any DS3 Dedicated Transport be identified in the future the parties will work together to transition them in a reasonable time frame, not to exceed 6 months from the date of identification.
49.3.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. . CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint Embarq on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any DS3 Dedicated Transport leased from Embarq during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of six-month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge consisting of the applicable UNE disconnect charge and a management fee the installation charge for the tariffed service for the work performed by Sprint Embarq on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint Embarq shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint Embarq provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint Embarq has technology available, Sprint Embarq shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by SprintEmbarq, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint Embarq will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint Embarq shall unbundle dark fiber transport between any pair of Sprint Embarq Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint Embarq will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-18- month period, any dark fiber transport UNE that CLEC leases from SprintEmbarq, where Sprint Embarq is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the eighteen- month period, Sprint Embarq will convert disconnect the Dark Fiber Dedicated Transport. The Parties have not identified any Dark Fiber Dedicated Transport leased by MCI that need to comparable access servicesbe transitioned. Sprint Should any Dark Fiber Dedicated Transport be identified in the future the Parties will assess work together to transition them in a reasonable time frame, not to exceed 6 months from the conversion charge and a management fee for the work performed by Sprint on behalf date of CLECidentification.
49.5.1.3. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. . CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint Embarq on the date of the notice shall be available for a 186-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any Dark Fiber Dedicated Transport leased from Embarq during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen six months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint Embarq will convert disconnect the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECTransport.
Appears in 1 contract
Samples: Telecommunications
DEDICATED TRANPORT. 49.1. Sprint CenturyLink shall provide CLEC PAETEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintCenturyLink’s wire centers Wire Centers or switches and another of SprintCenturyLink’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers Wire Centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.1. Sprint CenturyLink is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers CenturyLink Wire Centers (i.e. entrance facilities). Further, Sprint CenturyLink is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC PAETEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint CenturyLink interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint CenturyLink shall unbundle DS1 transport between any pair of Sprint wire centers CenturyLink Wire Centers except where, through application of tier classifications defined in Part A, both wire centers Wire Centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint CenturyLink will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.2. CLEC PAETEC may obtain a maximum of ten unbundled DS1 dedicated transport Dedicated Transport circuits on each route where DS1 dedicated transport Dedicated Transport is available on an unbundled basis. If PAETEC has more than ten DS1 Dedicated Transport circuits on a single route PAETEC will transition any DS1 Dedicated Transport circuits on a route in excess of ten to another service within 90 Days.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.2.4. If Sprint CenturyLink identifies routes in addition to those listed on Exhibit A that exceed meet either the thresholddefinition of a Tier 1 Wire Center or a Tier 2 Wire Center, Sprint 47 C.F.R. §§ 51.319(e)(3) (i) and (ii), respectively, CenturyLink will provide CLEC PAETEC notice in accordance with the notice provisions of this Agreement. CLEC Except as permitted under Section 49.2.4 and subject to the Dispute Resolution section of this Agreement, PAETEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after the date of the notice.
49.2.4. If PAETEC disputes a wire center identified by CenturyLink as a Tier 1 Wire Center, subject PAETEC may order DS1 Dedicated Transport during the pendency of the dispute if PAETEC self-certifies in writing prior to ordering the DS1 Dedicated Transport that, PAETEC has undertaken a reasonably diligent inquiry and, based on that inquiry, PAETEC certifies that for the requested DS1 Dedicated Transport, through application of tier classifications defined in Part A, neither of the wire centers defining the route are Tier 1 wire centers. For purposes of this section, the submission of an order by PAETEC for a DS1 Dedicated Transport shall be deemed as PAETEC self-certifying that the DS1 Dedicated Transport is available in the service area of a wire center.
49.2.3.1 If PAETEC orders DS1 Dedicated Transport during the dispute and CenturyLink prevails in the dispute, PAETEC will immediately transfer the DS1 Dedicated Transport to an alternative access service and true-up the charges to the Dispute Resolution section of this Agreement. applicable access rates.
49.2.3.2 If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. .
49.2.3.3 Any DS1 Dedicated Transport leased from Sprint CenturyLink on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC PAETEC paid on the date of the notice.
49.2.4.1. CLEC must submit ; provided, however, if PAETEC disputes the necessary orders to convert these UNEs to an alternative service arrangement within twelve months wire center designation and PAETEC prevails, CenturyLink shall true-up the charges from the date of the above notice dateto a rate equal of the rate PAETEC paid on the date of the notice or any new effective rate adopted by the Commission or a combination of the two rates based on the effective dates of the rates. By In the event that the dispute has not been resolved by the end of the twelve 12-month period, CLEC must have transitioned the UNEs Parties will work together to alternative facilities establish a mutually agreed upon UNE conversion process to address the issue of true- ups or arrangements. If CLEC fails rates and conversion back to submit UNE in the necessary orders, Sprint will convert event PAETEC prevails in the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECdispute.
49.3. Dedicated DS3 transport shall be made available to CLEC PAETEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint CenturyLink interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint CenturyLink shall unbundle DS3 transport between any pair of Sprint wire centers CenturyLink Wire Centers except where, through application of tier classifications defined in this Agreement, both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 wire centersWire Centers. As such, Sprint CenturyLink will unbundle DS3 transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.3.2. CLEC PAETEC may obtain a maximum of twelve unbundled DS3 dedicated transport Dedicated Transport circuits on each route where DS3 dedicated transport Dedicated Transport is available on an unbundled basis. If PAETEC has more than twelve DS3 Dedicated Transport circuits on a route PAETEC will transition any DS3 Dedicated Transport circuits on a route in excess of twelve to another service within 90 Days.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.4. If Sprint CenturyLink identifies routes in addition to those listed on Exhibit A that exceed meet either the thresholddefinition of a Tier 1 Wire Center or a Tier 2 Wire Center, Sprint 47 C.F.R. §§ 51.319(e)(3) (i) and (ii), respectively, CenturyLink will provide CLEC PAETEC notice in accordance with the notice provisions of this Agreement. CLEC Except as permitted under Section 49.3.4 and subject to the Dispute Resolution section of this Agreement, PAETEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice.
49.3.4. If PAETEC disputes a wire center identified by CenturyLink as either a Tier 1 Wire Center or a Tier 2 Wire Center, subject PAETEC may order DS3 Dedicated Transport during the pendency of the dispute if PAETEC self- certifies in writing prior to ordering the DS3 Dedicated Transport that, PAETEC has undertaken a reasonably diligent inquiry and, based on that inquiry, PAETEC certifies that for the requested DS3 Dedicated Transport route, that one of the wire centers defining the route is a Tier 3 Wire Center. For purposes of this section, the submission of an order by PAETEC for a DS3 Dedicated Transport shall be deemed as PAETEC self- certifying that the DS3 Dedicated Transport is available in the service area of a wire center.
49.3.4.1 If PAETEC orders a DS3 Dedicated Transport during the dispute and CenturyLink prevails in the dispute, PAETEC will immediately transfer the DS3 Dedicated Transport to an alternative access service and true-up the charges to the Dispute Resolution section of this Agreement. applicable access rates.
49.3.4.2 If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. .
49.3.4.3 Any DS3 Dedicated Transport leased from Sprint CenturyLink on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC PAETEC paid on the date of the notice.
49.3.4.1. CLEC must submit ; provided, however, if PAETEC disputes the necessary orders to convert these UNEs to an alternative service arrangement within twelve months wire center designation and PAETEC prevails, CenturyLink shall true-up the charges from the date of the above notice dateto a rate equal of the rate PAETEC paid on the date of the notice or any new effective rate adopted by the Commission or a combination of the two rates based on the effective dates of the rates. By In the event that the dispute has not been resolved by the end of the twelve 12-month period, CLEC must have transitioned the UNEs Parties will work together to alternative facilities establish a mutually agreed upon UNE conversion process to address the issue of true-ups or arrangements. If CLEC fails rates and conversion back to submit UNE in the necessary orders, Sprint will convert event PAETEC prevails in the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECdispute.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint CenturyLink shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint CenturyLink provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC PAETEC designated traffic.
49.4.1.2. Where Sprint CenturyLink has technology available, Sprint CenturyLink shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT SONET (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber fiber is unactivated fiber optic cable, deployed by SprintCenturyLink, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint CenturyLink will unbundle Dark Fiber dark fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint CenturyLink shall unbundle dark fiber transport between any pair of Sprint CenturyLink Wire Centers except where both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint CenturyLink will unbundle dark fiber transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any unbundled dark fiber transport UNE that CLEC PAETEC leases from SprintCenturyLink, where Sprint CenturyLink is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC PAETEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint CenturyLink is not required to provide unbundled dark fiber transport, CLEC PAETEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC PAETEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC PAETEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC PAETEC fails to submit the necessary orders, Sprint CenturyLink will convert the Dark Fiber dark fiber Dedicated Transport to comparable access servicesAccess Services. Sprint CenturyLink will assess the conversion charge and a management fee for the work performed by Sprint CenturyLink on behalf of CLECPAETEC.
49.5.1.3. If Sprint CenturyLink identifies routes in addition to those listed on Exhibit A that exceed meet either the thresholddefinition of a Tier 1 Wire Center or a Tier 2 Wire Center, Sprint 47 C.F.R. §§ 51.319(e)(3) (i) and (ii), respectively, CenturyLink will provide CLEC PAETEC notice in accordance with the notice provisions of this Agreement. CLEC Except as permitted under Section 49.5.1.4 and subject to the Dispute Resolution section of this Agreement, PAETEC shall not be able to order new Dark Fiber Dedicated dedicated dark fiber Transport for the identified routes 30 days after the date of the notice.
49.5.1.3.1 If PAETEC orders a dark fiber transport during the dispute and CenturyLink prevails in the dispute, subject PAETEC will immediately transfer the dark fiber transport to an alternative access service and true-up the charges to the Dispute Resolution section of this Agreement. applicable access rates.
49.5.1.3.2 If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. .
49.5.1.3.3 Any Dark Fiber Dedicated Transport dark fiber transport leased from Sprint CenturyLink on the date of the notice shall be available for a 1812-month period from the date of the notice at a rate equal that is 115% of rate CLEC PAETEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit ; provided, however, if PAETEC disputes the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months wire center designation and PAETEC prevails, CenturyLink shall true-up the charges from the date of the above notice dateto a rate equal of the rate PAETEC paid on the date of the notice or any new effective rate adopted by the Commission or a combination of the two rates based on the effective dates of the rates. Sprint will issue a credit to CLEC for In the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By event that the dispute has not been resolved by the end of the twelve 12- month period, CLEC must have transitioned the UNEs Parties will work together to alternative facilities establish a mutually agreed upon UNE conversion process to address the issue of true-ups or arrangements. If CLEC fails rates and conversion back to submit UNE in the necessary orders, Sprint will convert event PAETEC prevails in the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECdispute.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.1. Sprint shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of Sprint’s wire centers or switches and another of Sprint’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any.
49.1.1. Sprint is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint incumbent LEC wire centers (i.e. entrance facilities). Further, Sprint is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint shall unbundle DS1 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis. If CLEC has more than ten DS1 dedicated transport circuits on a single route CLEC will transition any DS1 dedicated transport circuits on a route in excess of ten to another service within 90 days.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.2.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis. If CLEC has more than twelve DS3 dedicated transport circuits on a route CLEC will transition any DS3 dedicated transport circuits on a route in excess of twelve to another service within 90 days.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.150.1. Sprint Embarq shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintEmbarq’s wire centers Wire Centers or switches and another of SprintEmbarq’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.150.1.1. Sprint Embarq is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers Embarq Wire Centers (i.e. i.e., entrance facilities). Further, Sprint Embarq is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.250.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.150.2.1. Sprint Embarq shall unbundle DS1 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint Embarq will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.250.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.350.2.3. For a 12-month period beginning on March 11, 2005, any Any DS1 dedicated transport UNE that CLEC leases leased from Sprint Embarq as of that date3/11/05, but which Sprint Embarq is not obligated to unbundle pursuant to Sections 49.2.1 §§50.2.1 and 49.2.250.2.2, must be converted to an alternative service arrangement within thirty (30) days of the Effective Date of this Agreement. Any service provided by Embarq to CLEC over such DS1 dedicated transport after 3/11/05 and prior to such conversion shall be available billed at applicable rates for lease from Sprint at the rates comparable services as shown on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 §§50.2.1 and 49.2.250.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005Network Elements. If CLEC must fails to submit the necessary orders to convert and complete the transition of these UNEs to an alternative service arrangement within twelve months thirty (30) days of March 11the Effective Date of this Agreement, 2005Embarq will convert the DS1 Dedicated Transport to comparable Access Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Embarq on behalf of CLEC. Embarq will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements12/11/05.
50.2.3.1. If CLEC fails to submit the necessary orders, Sprint will convert the has ordered new UNE DS1 Dedicated Transport on routes identified on Exhibit A since 3/11/05, those UNEs will be converted to comparable access services. Sprint services and the applicable rates will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECapply back to 3/11/05.
49.2.450.2.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS1 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 after 90 days after have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.150.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders within the six month period, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.350.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.150.3.1. Sprint Embarq shall unbundle DS3 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in this Agreement, both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint Embarq will unbundle DS3 transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.3.250.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.350.3.3. For a 12-month period beginning on March 11, 2005, any Any DS3 dedicated transport UNE that CLEC leases leased from Sprint Embarq as of that date, 3/11/05. but which Sprint Embarq is not obligated to unbundle pursuant to sections 49.3.1 §§50.3.1 and 49.3.250.3.2, must be converted to an alternative service arrangement within thirty (30) days of the Effective Date of this Agreement. Any service provided by Embarq to CLEC over such DS3 dedicated transport after 3/11/05 and prior to such conversion shall be available billed at applicable rates for lease from the incumbent LEC at the rate comparable services as shown on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 §§50.3.1 and 49.3.250.3.2, CLEC may not obtain new DS3 transport as unbundled network elementsNetwork Elements. If CLEC must submit the necessary orders fails to convert and complete the transition of these UNEs to an alternative service arrangement within twelve months thirty (30) days of March 11the Effective Date of this Agreement, 2005Embarq will convert the DS3 Dedicated Transport to comparable Access Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Embarq on behalf of CLEC. Embarq will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements12/11/05.
50.3.3.1. If CLEC fails to submit the necessary orders, Sprint will convert the has ordered new UNE DS3 Dedicated Transport between Wire Centers identified on Exhibit A since 3/11/05, those UNEs will be converted to comparable access services. Sprint services and the applicable rates will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECapply back to 3/11/05.
49.3.450.3.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS3 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 after 90 days after have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.150.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of six month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.450.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.150.4.1. Where technologically feasible and available, Sprint Embarq shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.150.4.1.1. When Sprint Embarq provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.250.4.1.2. Where Sprint Embarq has technology available, Sprint Embarq shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-Bi- directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT SONET (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.550.5. Dedicated Dark Fiber Transport 49.5.150.5.1. General Rules and Definition
49.5.1.15.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by SprintEmbarq, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
Appears in 1 contract
DEDICATED TRANPORT. 49.1. Sprint CenturyLink shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintCenturyLink’s wire centers or switches and another of SprintCenturyLink’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any.
49.1.1. Sprint CenturyLink is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint incumbent LEC wire centers (i.e. entrance facilities). Further, Sprint CenturyLink is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint CenturyLink interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint CenturyLink shall unbundle DS1 transport between any pair of Sprint CenturyLink wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint CenturyLink will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center.center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.. If CLEC has more than ten DS1 dedicated transport circuits on a single route CLEC will transition any DS1 dedicated transport circuits on a route in excess of ten to another service within 90 days.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint CenturyLink as of that date, but which Sprint CenturyLink is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint CenturyLink at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint CenturyLink is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, Sprint 2006, CenturyLink will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint CenturyLink will assess the conversion charge and a management fee for the work performed by Sprint CenturyLink on behalf of CLEC. The Parties have not identified any DS1 Dedicated Transport leased by MCI that need to be transitioned. Should any DS1 Dedicated Transport be identified in the future the parties will work together to transition them in a reasonable time frame, not to exceed 6 months from the date of identification.
49.2.4. If Sprint CenturyLink identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint CenturyLink on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any DS1 Dedicated Transport leased from CenturyLink during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders by the end of the six month period, Sprint CenturyLink will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint CenturyLink will assess the conversion charge consisting of the applicable UNE disconnect charge and a management fee the installation charge for the tariffed service for the work performed by Sprint CenturyLink on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint CenturyLink interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint CenturyLink shall unbundle DS3 transport between any pair of Sprint CenturyLink wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint CenturyLink will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.. If CLEC has more than twelve DS3 dedicated transport circuits on a route CLEC will transition any DS3 dedicated transport circuits on a route in excess of twelve to another service within 90 days.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint CenturyLink as of that date, but which Sprint CenturyLink is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint CenturyLink is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the twelve- month period, Sprint CenturyLink will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint CenturyLink will assess the conversion charge and a management fee for the work performed by Sprint CenturyLink on behalf of CLEC.. The Parties have not identified any DS3 Dedicated Transport leased by MCI that need to be transitioned. Should any DS3 Dedicated Transport be identified in the future the parties will work together to transition them in a reasonable time frame, not to exceed 6 months from the date of identification.
49.3.4. If Sprint CenturyLink identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement. . CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint CenturyLink on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any DS3 Dedicated Transport leased from CenturyLink during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of six-month period, Sprint CenturyLink will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint CenturyLink will assess the conversion charge consisting of the applicable UNE disconnect charge and a management fee the installation charge for the tariffed service for the work performed by Sprint CenturyLink on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint CenturyLink shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint CenturyLink provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint CenturyLink has technology available, Sprint CenturyLink shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by SprintCenturyLink, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint CenturyLink will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint CenturyLink shall unbundle dark fiber transport between any pair of Sprint CenturyLink Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint CenturyLink will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-18- month period, any dark fiber transport UNE that CLEC leases from SprintCenturyLink, where Sprint CenturyLink is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint CenturyLink is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the eighteen- month period, Sprint CenturyLink will convert disconnect the Dark Fiber Dedicated Transport. The Parties have not identified any Dark Fiber Dedicated Transport leased by MCI that need to comparable access servicesbe transitioned. Sprint Should any Dark Fiber Dedicated Transport be identified in the future the Parties will assess work together to transition them in a reasonable time frame, not to exceed 6 months from the conversion charge and a management fee for the work performed by Sprint on behalf date of CLEC.identification.
49.5.1.3. If Sprint CenturyLink identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement. . CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint CenturyLink on the date of the notice shall be available for a 186-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any Dark Fiber Dedicated Transport leased from CenturyLink during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen six months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint CenturyLink will convert disconnect the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECTransport.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.1. Sprint Embarq shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintEmbarq’s wire centers Wire Centers or switches and another of SprintEmbarq’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.1. Sprint Embarq is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers Embarq Wire Centers (i.e. i.e., entrance facilities). Further, Sprint Embarq is not obligated to provide DSO DS0 or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint Embarq shall unbundle DS1 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint Embarq will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11Network Elements.
49.2.4. Any DS1 dedicated transport that CLEC previously leased from Embarq but which Embarq is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, 2005. CLEC shall be subject to the following:
(a) Such DS1 dedicated transport must submit the necessary orders to convert these UNEs be converted to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end thirty (30) Days of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangementsEffective Date of this Agreement. If CLEC fails to submit the necessary ordersorders to convert and complete the transition of such DS1 transport to an alternative service arrangement within thirty (30) Days of the Effective Date of this Agreement, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.2.4(b) Any DS1 dedicated transport service provided to CLEC by Embarq after 03/10/06 that Embarq was no longer required to unbundle shall be subject to billing at applicable rates for comparable access services, provided however, that such access rates shall not apply until ninety (90) Days after Embarq was no longer required to unbundled such transport.
(c) Any DS1 dedicated transport service provided to CLEC by Embarq between 03/11/05 and 03/10/06 that CLEC ordered prior to 03/11/05 shall be subject to billing at 115% of the rate that was applicable to such dedicated transport immediately prior to such period.
49.2.5. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS1 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this AgreementAgreement and Embarq will also post such information on its website. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after ninety (90) Days have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 12-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.1. (a) CLEC must submit the necessary orders to convert these UNEs such DS1 Dedicated Transport to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs transport to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders within the six month period, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint Embarq shall unbundle DS3 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in this Agreement, both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint Embarq will unbundle DS3 transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS3 transport pursuant to sections Sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elementsNetwork Elements.
49.3.4. Any DS3 dedicated transport UNE that CLEC previously leased from Embarq as of 03/11/05 but which Embarq is not obligated to unbundle pursuant to Sections 49.3.1 and 49.3.2, shall be subject to the following:
(a) Such DS3 dedicated transport must submit the necessary orders to convert these UNEs be converted to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end thirty (30) Days of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangementsEffective Date of this Agreement. If CLEC fails to submit convert and complete the necessary orderstransition of such DS3 transport to an alternative service arrangement within thirty (30) Days of the Effective Date of this Agreement, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.3.4(b) Any DS3 dedicated transport service provided to CLEC by Embarq after 03/10/06 that Embarq was no longer required to unbundle shall be subject to billing at applicable rates for comparable access services, provided however, that such access rates shall not apply until ninety (90) Days after Embarq was no longer required to unbundled such transport.
(c) Any DS3 dedicated transport service provided to CLEC by Embarq between 03/11/05 and 03/10/06 that CLEC ordered prior to 03/11/05 shall be subject to billing at 115% of the rate that was applicable to such dedicated transport immediately prior to such period.
49.3.5. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS3 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this AgreementAgreement and Embarq will also post such information on its website. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after ninety (90) Days have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 12-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. (a) CLEC must submit the necessary orders to convert these UNEs such DS3 Dedicated Transport to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six (6) month period, CLEC must have transitioned the UNEs transport to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of six (6) month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint Embarq shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. (a) When Sprint Embarq provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1DS1, DS-3DS3) shall be dedicated to CLEC designated traffic.
49.4.1.2. (b) Where Sprint Embarq has technology available, Sprint Embarq shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-Bi- directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT SONET (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
Appears in 1 contract
DEDICATED TRANPORT. 49.148.1. Sprint shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of Sprint’s wire centers or switches and another of Sprint’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any.
49.1.148.1.1. Sprint is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint incumbent LEC wire centers (i.e. entrance facilities). Further, Sprint is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.248.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.148.2.1. Sprint shall unbundle DS1 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center.
49.2.248.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis. If CLEC has more than ten DS1 dedicated transport circuits on a single route CLEC will transition any DS1 dedicated transport circuits on a route in excess of ten to another service within 90 days.
49.2.348.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to Sections 49.2.1 48.2.1 and 49.2.248.2.2, shall be available for lease from Sprint at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 48.2.1 and 49.2.248.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.2.448.2.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.148.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS1 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.348.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.megabytes
49.3.148.3.1. Sprint shall unbundle DS3 transport between any pair of Sprint wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.3.248.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis. If CLEC has more than twelve DS3 dedicated transport circuits on a route CLEC will transition any DS3 dedicated transport circuits on a route in excess of twelve to another service within 90 days.
49.3.348.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint as of that date, but which Sprint is not obligated to unbundle pursuant to sections 49.3.1 48.3.1 and 49.3.248.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 48.3.1 and 49.3.248.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.448.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.148.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.448.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.148.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.148.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.248.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.548.5. Dedicated Dark Fiber Transport 49.5.148.5.1. General Rules and Definition
49.5.1.148.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.248.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.148.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.248.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.348.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.348.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.148.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails 48.5.2. Fiber Availability
48.5.2.1. Spare fibers in a sheath are not considered available if Sprint has plans to submit put the necessary orders, Sprint will convert fiber in use within the Dark Fiber Dedicated Transport to comparable access servicescurrent year or the following year.
48.5.2.2. Sprint will assess the conversion charge also maintain fibers to facilitate maintenance, rearrangements and changes. Sprint will generally reserve 8% of fibers in a management fee sheath for the work performed by Sprint on behalf maintenance, subject to a minimum of CLEC.four
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
DEDICATED TRANPORT. 49.150.1. Sprint Embarq shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintEmbarq’s wire centers Wire Centers or switches and another of SprintEmbarq’s wire centers Wire Centers or switches. A route between two points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center Wire Center or switch “X”). Transmission paths between identical end points (e.g., wire center Wire Center or switch “A” and wire center Wire Center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers Wire Centers or switches, if any.
49.1.150.1.1. Sprint Embarq is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint wire centers Embarq Wire Centers (i.e. i.e., entrance facilities). Further, Sprint Embarq is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.250.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.150.2.1. Sprint Embarq shall unbundle DS1 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centersWire Centers. As such, Sprint Embarq will unbundle DS1 transport if a wire center Wire Center at either end of a requested route is not a Tier 1 wire centerWire Center, or if neither is a Tier 1 wire centerWire Center.
49.2.250.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis.
49.2.350.2.3. For a 12-month period beginning on March 11, 2005, any Any DS1 dedicated transport UNE that CLEC leases leased from Sprint Embarq as of that date03/11/05, but which Sprint Embarq is not obligated to unbundle pursuant to Sections 49.2.1 50.2.1 and 49.2.250.2.2, must be converted to an alternative service arrangement within thirty (30) days of the Effective Date of this Agreement. Any service provided by Embarq to CLEC over such DS1 dedicated transport after 03/11/05 and prior to such conversion shall be available billed at applicable rates for lease from Sprint at the rates comparable services as shown on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 50.2.1 and 49.2.250.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005Network Elements. If CLEC must fails to submit the necessary orders to convert and complete the transition of these UNEs to an alternative service arrangement within twelve months thirty (30) days of March 11the Effective Date of this Agreement, 2005Embarq will convert the DS1 Dedicated Transport to comparable Access Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Embarq on behalf of CLEC. Embarq will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. 12/11/05.
(a) If CLEC fails to submit the necessary orders, Sprint will convert the has ordered new UNE DS1 Dedicated Transport on routes identified on Exhibit A since 03/11/05, those UNEs will be converted to comparable access services. Sprint services and the applicable rates will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECapply back to 03/11/05.
49.2.450.2.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the thresholdDS1 Dedicated Transport circuit threshold for a route, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 after ninety (90) days after have elapsed from the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint Embarq within the identified route on the date of the notice shall be available for a 12-six (6) month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.2.4.1. (a) CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders within the six month period, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services at applicable rates. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC.
49.350.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.150.3.1. Sprint Embarq shall unbundle DS3 transport between any pair of Sprint wire centers Embarq Wire Centers except where, through application of tier classifications defined in this Agreement, both wire centers Wire Centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint Embarq will unbundle DS3 transport if a wire center Wire Center on either end of a requested route is a Tier 3 wire centerWire Center.
49.3.250.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis.
49.3.350.3.3. For a 12-month period beginning on March 11, 2005, any Any DS3 dedicated transport UNE that CLEC leases leased from Sprint Embarq as of that date, 03/11/05 but which Sprint Embarq is not obligated to unbundle pursuant to sections 49.3.1 Sections 50.3.1 and 49.3.250.3.2, must be converted to an alternative service arrangement within thirty (30) days of the Effective Date of this Agreement. Any service provided by Embarq to CLEC over such DS3 dedicated transport after 03/11/05 and prior to such conversion shall be available billed at applicable rates for lease from the incumbent LEC at the rate comparable services as shown on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 Sections 50.3.1 and 49.3.250.3.2, CLEC may not obtain new DS3 transport as unbundled network elementsNetwork Elements. If CLEC must submit the necessary orders fails to convert and complete the transition of these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.3.4. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint on the date of the notice shall be available for a 12-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of the above notice date. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the DS3 Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint has technology available, Sprint shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Sprint, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint shall unbundle dark fiber transport between any pair of Sprint Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-month period, any dark fiber transport UNE that CLEC leases from Sprint, where Sprint is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.
49.5.1.3. If Sprint identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint on the date of the notice shall be available for a 18-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint will convert the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLEC.thirty
Appears in 1 contract
DEDICATED TRANPORT. 49.1. Sprint Embarq shall provide CLEC with nondiscriminatory access to dedicated transport on an unbundled basis, as set forth in this Agreement. A “route” is a transmission path between one of SprintEmbarq’s wire centers or switches and another of SprintEmbarq’s wire centers or switches. A route between two points (e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches (e.g., wire center or switch “X”). Transmission paths between identical end points (e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any.
49.1.1. Sprint Embarq is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of Sprint incumbent LEC wire centers (i.e. entrance facilities). Further, Sprint Embarq is not obligated to provide DSO or OC-N and above Dedicated Transport facilities as a UNE.
49.2. Dedicated DS1 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS1 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier.
49.2.1. Sprint Embarq shall unbundle DS1 transport between any pair of Sprint Embarq wire centers except where, through application of tier classifications defined in Part A, both wire centers defining the route are Tier 1 wire centers. As such, Sprint Embarq will unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center.
49.2.2. CLEC may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis. If CLEC has more than ten DS1 dedicated transport circuits on a single route CLEC will transition any DS1 dedicated transport circuits on a route in excess of ten to another service within 90 days.
49.2.3. For a 12-month period beginning on March 11, 2005, any DS1 dedicated transport UNE that CLEC leases from Sprint Embarq as of that date, but which Sprint Embarq is not obligated to unbundle pursuant to Sections 49.2.1 and 49.2.2, shall be available for lease from Sprint Embarq at the rates on Table One. CLEC will true-up the rates paid for DS1 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS1 transport pursuant Sections 49.2.1 and 49.2.2, CLEC may not obtain new DS1 transport as unbundled network elements as of March 11, 2005. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders on or before March 10, Sprint 2006, Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC. The Parties have not identified any DS1 Dedicated Transport leased by MCI that need to be transitioned. Should any DS1 Dedicated Transport be identified in the future the parties will work together to transition them in a reasonable time frame, not to exceed 6 months from the date of identification.
49.2.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. CLEC shall not be able to order new DS1 Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS1 Dedicated Transport leased from Sprint Embarq on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any DS1 Dedicated Transport leased from Embarq during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.2.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders by the end of the six month period, Sprint Embarq will convert the DS1 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge consisting of the applicable UNE disconnect charge and a management fee the installation charge for the tariffed service for the work performed by Sprint Embarq on behalf of CLEC.
49.3. Dedicated DS3 transport shall be made available to CLEC on an unbundled basis as set forth below. Dedicated DS3 transport consists of Sprint Embarq interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier.
49.3.1. Sprint Embarq shall unbundle DS3 transport between any pair of Sprint Embarq wire centers except where, through application of tier classifications defined in this Agreement, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, Sprint Embarq will unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.3.2. CLEC may obtain a maximum of twelve unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis. If CLEC has more than twelve DS3 dedicated transport circuits on a route CLEC will transition any DS3 dedicated transport circuits on a route in excess of twelve to another service within 90 days.
49.3.3. For a 12-month period beginning on March 11, 2005, any DS3 dedicated transport UNE that CLEC leases from Sprint Embarq as of that date, but which Sprint Embarq is not obligated to unbundle pursuant to sections 49.3.1 and 49.3.2, shall be available for lease from the incumbent LEC at the rate on Table One. CLEC will true-up the rates paid for DS3 dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled DS3 transport pursuant to sections 49.3.1 and 49.3.2, CLEC may not obtain new DS3 transport as unbundled network elements. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve months of March 11, 2005. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the twelve-month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge and a management fee for the work performed by Sprint Embarq on behalf of CLEC. The Parties have not identified any DS3 Dedicated Transport leased by MCI that need to be transitioned. Should any DS3 Dedicated Transport be identified in the future the parties will work together to transition them in a reasonable time frame, not to exceed 6 months from the date of identification.
49.3.4. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. . CLEC shall not be able to order new DS3 Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any DS3 Dedicated Transport leased from Sprint Embarq on the date of the notice shall be available for a 126-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any DS3 Dedicated Transport leased from Embarq during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.3.4.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within twelve six months of the above notice date. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of six-month period, Sprint Embarq will convert the DS3 Dedicated Transport to comparable access servicesAccess Services. Sprint Embarq will assess the conversion charge consisting of the applicable UNE disconnect charge and a management fee the installation charge for the tariffed service for the work performed by Sprint Embarq on behalf of CLEC.
49.4. Technical Requirements for DS1 and DS3 Dedicated Transport
49.4.1. Where technologically feasible and available, Sprint Embarq shall offer Dedicated Transport consistent with the underlying technology as follows:
49.4.1.1. When Sprint Embarq provides Dedicated Transport, the entire designated transmission circuit (e.g., DS-1, DS-3) shall be dedicated to CLEC designated traffic.
49.4.1.2. Where Sprint Embarq has technology available, Sprint Embarq shall provide Dedicated Transport using currently available technologies including, but not limited to, DS1 and DS3 transport systems, SONET (or SDS) Bi-directional Line Switched Rings, SONET (or SDH) Unidirectional Path Switched Rings, and SONEfT (or SDS) point-to-point transport systems (including linear add-drop systems), at all available transmission bit rates.
49.5. Dedicated Dark Fiber Transport 49.5.1. General Rules and Definition
49.5.1.1. Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by SprintEmbarq, that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications.
49.5.1.2. Sprint Embarq will unbundle Dark Fiber for Dedicated Transport as set forth in this Agreement and as follows:
49.5.1.2.1. Sprint Embarq shall unbundle dark fiber transport between any pair of Sprint Embarq Wire Centers except where both wire centers defining the route are either Tier 1 or Tier 2 Wire Centers. Sprint Embarq will unbundle dark fiber transport if a wire center on either end of a requested route is a Tier 3 wire center.
49.5.1.2.2. Beginning on March 11, 2005 and for an 18-18- month period, any dark fiber transport UNE that CLEC leases from SprintEmbarq, where Sprint Embarq is not obligated to provide unbundled dark fiber transport, shall be available at the rates on Table One. CLEC will true-up the rates paid for dark fiber dedicated transport back to March 11, 2005. Where Sprint Embarq is not required to provide unbundled dark fiber transport, CLEC may not obtain new dark fiber transport as a UNE.
49.5.1.2.3. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen months of March 11, 2005. By September 10, 2006, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary ordersorders before the end of the eighteen- month period, Sprint Embarq will convert disconnect the Dark Fiber Dedicated Transport. The Parties have not identified any Dark Fiber Dedicated Transport leased by MCI that need to comparable access servicesbe transitioned. Sprint Should any Dark Fiber Dedicated Transport be identified in the future the Parties will assess work together to transition them in a reasonable time frame, not to exceed 6 months from the conversion charge and a management fee for the work performed by Sprint on behalf date of CLECidentification.
49.5.1.3. If Sprint Embarq identifies routes in addition to those listed on Exhibit A that exceed the threshold, Sprint Embarq will provide CLEC notice in accordance with the notice provisions of this Agreement. . CLEC shall not be able to order new Dark Fiber Dedicated Transport for the identified routes 30 90 days after the date of the notice, subject to the Dispute Resolution section of this Agreement. If any carrier has disputed a wire center Wire Center designation and the dispute was resolved by the Commission, the parties will abide by the Commission’s decision. Any Dark Fiber Dedicated Transport leased from Sprint Embarq on the date of the notice shall be available for a 186-month period from the date of the notice at a rate equal that is 115% of rate CLEC paid on the date of the notice. Any Dark Fiber Dedicated Transport leased from Embarq during the initial 90 day period after the date of notice shall be priced in the same manner and shall be available at that price until the end of the 6-month period.
49.5.1.3.1. CLEC must submit the necessary orders to convert these UNEs to an alternative service arrangement within eighteen six months of the above notice date. Sprint will issue a credit to CLEC for the service order/conversion charge in Table One for orders submitted prior to December 11, 2005. By the end of the twelve six month period, CLEC must have transitioned the UNEs to alternative facilities or arrangements. If CLEC fails to submit the necessary orders, Sprint Embarq will convert disconnect the Dark Fiber Dedicated Transport to comparable access services. Sprint will assess the conversion charge and a management fee for the work performed by Sprint on behalf of CLECTransport.
Appears in 1 contract
Samples: Master Interconnection, Collocation and Resale Agreement
