Common use of Discontinued Facility Clause in Contracts

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to ECI on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules. By way of example and not by way of limitation, Discontinued Facilities include the following, whether as stand-alone facilities or combined with other facilities: (a) any Entrance Facility; (b) Enterprise Switching; (c) Four-Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and OCn Dedicated Transport; (f) DS1 Loops or DS3 Loops out of any wire center at which the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such Loops; (g) any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon to provide to ECI on an unbundled basis at a particular building location; (h) DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as to which the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such Transport; (i) any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon to provide to ECI on an unbundled basis on a particular route; (j) Dark Fiber Loops; (k) the Feeder portion of a Loop; (l) Line Sharing; (m) any Call-Related Database other than the 911 and E911 databases; (n) Signaling; (o) Shared Transport; (p) FTTP Loops (lit or unlit);

Discontinued Facility. Any [Section 251(c)(3)] facility that Verizon, at any time, has provided or offered to provide to ECI ***CLEC Acronym TXT*** on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, Agreement or a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement [under 47 U.S.C. § 251(c)(3) or 47 C.F.R. Part 51] [under the Federal Unbundling RulesTRO or TRRO]. [By way of example and not by way of limitation, ,] Discontinued Facilities as of the Amendment Effective Date [include the followingfollowing][are], whether as stand-alone facilities or combined or commingled with other facilities: (a) any Entrance Facility, subject to Section 3.5.4 above; (b) Enterprise Switchinglocal circuit switching that, if provided to ***CLEC Acronym TXT*** would be used for the purpose of serving ***CLEC Acronym TXT***’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for ***CLEC Acronym TXT***'s embedded end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and and[, subject to 3.5.4 above,] OCn Dedicated Transport; (f) subject to Sections 3.4.1, 3.4.2, and 3.6.2 above, DS1 Loops or DS3 Loops out of any wire center at which Wire Center that meets the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such LoopsFCC's non- impairment criteria addressed in section 3.4 of this Amendment; (g) Dark Fiber Loops (subject to the transition provisions set forth herein for ***CLEC Acronym TXT*** 's embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h) subject to Sections 3.4.1 and 3.4.2 above, any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon is required to provide to ECI ***CLEC Acronym TXT*** on an unbundled basis at a particular building locationunder section 3 of this Amendment (subject to the transition requirements set forth therein); (hj) subject to Sections 3.5.1 [and] 3.5.2[, and 3.5.4] above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as Route that meets the FCC's non-impairment criteria addressed in section 3.5 of this Amendment (subject to which the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such Transport; (i) any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon to provide to ECI on an unbundled basis on a particular route; (j) Dark Fiber Loopstransition requirements set forth therein); (k) the Feeder portion of a Loop; (l) Line Sharing; (m) any Call-Related Database other than the 911 and E911 databases; (n) Signaling; (o) Shared Transport; (p) FTTP Loops (lit or unlit);subject to Sections

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to ECI RNK on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, Agreement or a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules47 U.S.C. § 251(c)(3) or 47 C.F.R. Part 51. By way of example and not by way of limitation, Discontinued Facilities as of the Amendment Effective Date include the following, whether as stand-alone facilities or combined or commingled with other facilities: (a) any Entrance Facility, subject to Section 3.5.4 above; (b) Enterprise Switchinglocal circuit switching that, if provided to RNK would be used for the purpose of serving RNK’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for RNK’s embedded end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and OCn Dedicated Transport; (f) subject to Sections 3.4.1, 3.4.2, and 3.6 above, DS1 Loops or DS3 Loops out of any wire center at which Wire Center that meets the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such LoopsFCC’s non-impairment criteria addressed in section 3.4 of this Amendment; (g) Dark Fiber Loops (subject to the transition provisions set forth herein for RNK ‘s embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h) subject to Sections 3.4.1 and 3.4.2 above, any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon is required to provide to ECI RNK on an unbundled basis at a particular building locationunder section 3 of this Amendment; (hi) subject to Sections 3.5.1, 3.5.2, and 3.6 above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as to which Route that meets the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such TransportFCC’s non-impairment criteria addressed in section 3.5 of this Amendment); (ij) subject to Sections 3.5.1 and 3.5.2 above, any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon is required to provide to ECI RNK on an unbundled basis on a particular route; (j) Dark Fiber Loopsunder section 3 of this Amendment; (k) the Feeder portion of a LoopLoop (as a sub-loop element; provided, however, that this definition is not intended to affect any right RNK may have to obtain unbundled access to an entire Loop that includes Feeder); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database Database, other than the 911 and E911 databasesdatabases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (n) SignalingSignaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared TransportTransport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (p) FTTP FTTH Loops (lit or unlit);, subject to Section 3.1.1 through 3.1.3 above; (q) FTTC Loops (lit or unlit), subject to Section 3.1.1 through 3.1.3 above; any features, functions, or capabilities of a FTTH Loop or FTTC Loop used to transmit packetized information; (r) Hybrid Loops, subject to Section 3.2 above.

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to ECI KMC V on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, Agreement or a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules47 U.S.C. § 251(c)(3) or 47 C.F.R. Part 51. By way of example and not by way of limitation, Discontinued Facilities include as of the following, Amendment Effective Date are whether as stand-alone facilities or combined or commingled with other facilities: (a) any Entrance Facility; (b) Enterprise Switching; (c) Mass Market Switching (subject to the transition provisions set forth herein for KMC V's embedded end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and OCn Dedicated Transport; (f) subject to Sections 3.4.1, 3.4.2, and 3.6 above, DS1 Loops or DS3 Loops out of any wire center at which Wire Center that meets the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such LoopsFCC's non-impairment criteria addressed in Section 3.4 of this Amendment; (g) Dark Fiber Loops (subject to the transition provisions set forth herein for KMC V 's embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h) any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon is required to provide to ECI KMC V on an unbundled basis at a particular building locationunder Section 3 of this Amendment (subject to the TRRO transition requirements set forth therein); (hi) DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as Route that meets the FCC's non-impairment criteria addressed in Section 3.5 of this Amendment (subject to which the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such TransportTRRO transition requirements set forth therein); (ij) subject to Sections 3.5.1 and 3.5.2 above, any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon is required to provide to ECI KMC V on an unbundled basis on a particular route; (j) Dark Fiber Loopsunder Section 3 of this Amendment; (k) the Feeder portion of a LoopLoop (as a sub-loop element; provided, however, that this definition is not intended to affect any right KMC V may have to obtain unbundled access to an entire Loop that includes Feeder); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database Database, other than the 911 and E911 databasesdatabases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for KMC V 's embedded end user customer base for such switching, if any, as of March 11, 2005); (n) SignalingSignaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for KMC V 's embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared TransportTransport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for KMC V 's embedded end user customer base for such switching, if any, as of March 11, 2005); (p) FTTP FTTH Loops (lit or unlit), subject to Section 3.1.2 above;

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to ECI SPRINT on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, Agreement or a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules47 U.S.C. § 251(c)(3) or 47 C.F.R. Part 51. By way of example and not by way of limitation, Discontinued Facilities as of the Amendment Effective Date include the following, whether as stand-alone facilities or combined or commingled with other facilities: (a) any Entrance Facility; (b) Enterprise Switching; (c) Mass Market Switching (subject to the transition provisions set forth herein for SPRINT 's embedded end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and OCn Dedicated Transport; (f) DS1 Loops or DS3 Loops out of any wire center at which Wire Center that meets the Federal Unbundling Rules do not require Verizon FCC's non-impairment criteria addressed in section 3 of this Amendment (subject to provide ECI with unbundled access to such Loopsthe transition requirements set forth therein); (g) Dark Fiber Loops (subject to the transition provisions set forth herein for SPRINT 's embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h) any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon is required to provide to ECI SPRINT on an unbundled basis at a particular building locationunder section 3 of this Amendment (subject to the transition requirements set forth therein); (hi) DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as to Route on which the Federal Unbundling Rules do Verizon is not require Verizon required to provide ECI SPRINT with unbundled access to such TransportTransport under section 3 of this Amendment (subject to the transition requirements set forth therein); (ij) any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon is required to provide to ECI SPRINT on an unbundled basis on a particular route; under section 3 of this Amendment (j) Dark Fiber Loopssubject to the transition requirements set forth therein); (k) the Feeder portion of a Loop; (l) Line Sharing; (m) any Call-Call- Related Database Database, other than the 911 and E911 databasesdatabases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for SPRINT 's embedded end user customer base for such switching, if any, as of March 11, 2005); (n) SignalingSignaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for SPRINT 's embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared TransportTransport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for SPRINT 's embedded end user customer base for such switching, if any, as of March 11, 2005); (p) FTTP FTTH Loops (lit or unlit);; (q) FTTC Loops (lit or unlit) (r) Hybrid Loops (subject to exceptions for TDM and narrowband services (i.e., equivalent to DS0 capacity)).

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to ECI on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules. By way of example and not by way of limitation, Discontinued Facilities include as of the followingAmendment Effective Date are, whether as stand-alone facilities or combined or commingled with other facilities: (a) any Entrance Facility, subject to Section 3.5.4 above; (b) Enterprise Switchinglocal circuit switching that, if provided to RNK would be used for the purpose of serving RNK’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for RNK’s embedded end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and OCn Dedicated Transport; (f) subject to Sections 3.4.1, 3.4.2, and 3.6.2 above, DS1 Loops or DS3 Loops out of any wire center at which Wire Center that meets the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such LoopsFCC’s non-impairment criteria addressed in section 3.4 of this Amendment; (g) Dark Fiber Loops (subject to the transition provisions set forth herein for RNK ‘s embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h) subject to Sections 3.4.1 and 3.4.2 above, any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon is required to provide to ECI RNK on an unbundled basis at a particular building locationunder section 3 of this Amendment (subject to the transition requirements set forth therein); (hi) subject to Sections 3.5.1 and 3.5.2 above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as Route that meets the FCC’s non-impairment criteria addressed in section 3.5 of this Amendment (subject to which the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such Transporttransition requirements set forth therein); (ij) subject to Sections 3.5.1 and 3.5.2 above, any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon is required to provide to ECI RNK on an unbundled basis on a particular route; (j) Dark Fiber Loopsunder section 3 of this Amendment; (k) the Feeder portion of a LoopLoop (as a stand-alone element); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database Database, other than the 911 and E911 databasesdatabases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (n) SignalingSignaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared TransportTransport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (p) FTTP FTTH Loops (lit or unlit);, subject to Section 3.1.2 above; (q) FTTC Loops (lit or unlit), subject to Section 3.1.2 above; (r) Hybrid Loops, subject to Section 3.2 above.

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to ECI on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules. By way of example and not by way of limitation, Discontinued Facilities include as of the followingAmendment Effective Date are, whether as stand-alone facilities or combined or commingled with other facilities: (a) any Entrance Facility, subject to Section 3.5.4 above; (b) Enterprise Switchinglocal circuit switching that, if provided to TWCIS (MA) would be used for the purpose of serving TWCIS (MA)’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for TWCIS (MA)'s embedded end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and OCn Dedicated Transport; (f) subject to Sections 3.4.1, 3.4.2, and 3.6.2 above, DS1 Loops or DS3 Loops out of any wire center at which Wire Center that meets the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such LoopsFCC's non- impairment criteria addressed in section 3.4 of this Amendment; (g) Dark Fiber Loops (subject to the transition provisions set forth herein for TWCIS (MA) 's embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h) subject to Sections 3.4.1 and 3.4.2 above, any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon is required to provide to ECI TWCIS (MA) on an unbundled basis at a particular building locationunder section 3 of this Amendment (subject to the transition requirements set forth therein); (hi) subject to Sections 3.5.1 and 3.5.2 above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as Route that meets the FCC's non-impairment criteria addressed in section 3.5 of this Amendment (subject to which the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such Transporttransition requirements set forth therein); (ij) subject to Sections 3.5.1 and 3.5.2 above, any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon is required to provide to ECI TWCIS (MA) on an unbundled basis on a particular route; (j) Dark Fiber Loopsunder section 3 of this Amendment; (k) the Feeder portion of a LoopLoop (as a stand-alone element); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database Database, other than the 911 and E911 databasesdatabases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for TWCIS (MA) 's embedded end user customer base for such switching, if any, as of March 11, 2005); (n) SignalingSignaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for TWCIS (MA) 's embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared TransportTransport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for TWCIS (MA) 's embedded end user customer base for such switching, if any, as of March 11, 2005); (p) FTTP FTTH Loops (lit or unlit);, subject to Section 3.1.2 above; (q) FTTC Loops (lit or unlit), subject to Section 3.1.2 above; (r) Hybrid Loops, subject to Section 3.2 above.

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to ECI on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules. By way of example and not by way of limitation, Discontinued Facilities include as of the followingAmendment Effective Date are, whether as stand-alone facilities or combined or commingled with other facilities: (a) any Entrance Facility, subject to Section 3.5.4 above; (b) Enterprise Switchinglocal circuit switching that, if provided to Level 3 would be used for the purpose of serving Level 3’s customers using DS1 or above capacity Loops; (c) Four-Line Carve Out SwitchingMass Market Switching (subject to the transition provisions set forth herein for Level 3's embedded end user customer base, if any, as of March 11, 2005); (d) Mass Market Four- Line Carve Out Switching; (e) OCn Loops and OCn Dedicated Transport; (f) subject to Sections 3.4.1, 3.4.2, and 3.6.2 above, DS1 Loops or DS3 Loops out of any wire center at which Wire Center that meets the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such LoopsFCC's non-impairment criteria addressed in section 3.4 of this Amendment; (g) Dark Fiber Loops (subject to the transition provisions set forth herein for Xxxxx 0 's embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h) subject to Sections 3.4.1 and 3.4.2 above, any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon is required to provide to ECI Level 3 on an unbundled basis at a particular building locationunder section 3 of this Amendment (subject to the transition requirements set forth therein); (hi) subject to Sections 3.5.1 and 3.5.2 above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as Route that meets the FCC's non-impairment criteria addressed in section 3.5 of this Amendment (subject to which the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such Transporttransition requirements set forth therein); (ij) subject to Sections 3.5.1 and 3.5.2 above, any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon is required to provide to ECI Level 3 on an unbundled basis on a particular route; (j) Dark Fiber Loopsunder section 3 of this Amendment; (k) the Feeder portion of a LoopLoop (as a stand-alone element); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database Database, other than the 911 and E911 databasesdatabases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for Xxxxx 0 's embedded end user customer base for such switching, if any, as of March 11, 2005); (n) SignalingSignaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for Xxxxx 0 's embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared TransportTransport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for Xxxxx 0 's embedded end user customer base for such switching, if any, as of March 11, 2005); (p) FTTP FTTH Loops (lit or unlit);, subject to Section 3.1.2 above; (q) FTTC Loops (lit or unlit), subject to Section 3.1.2 above; (r) Hybrid Loops, subject to Section 3.2 above.

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to ECI ALEC on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, Agreement or a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules47 U.S.C. § 251(c)(3) or 47 C.F.R. Part 51. By way of example and not by way of limitation, Discontinued Facilities include as of the following, Amendment Effective Date are whether as stand-alone facilities or combined or commingled with other facilities: (a) any Entrance Facility; (b) Enterprise Switching; (c) Mass Market Switching (subject to the transition provisions set forth herein for ALEC's embedded end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and OCn Dedicated Transport; (f) subject to Sections 3.4.1, 3.4.2, and 3.6 above, DS1 Loops or DS3 Loops out of any wire center at which Wire Center that meets the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such LoopsFCC's non-impairment criteria addressed in Section 3.4 of this Amendment; (g) Dark Fiber Loops (subject to the transition provisions set forth herein for ALEC 's embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h) any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon is required to provide to ECI ALEC on an unbundled basis at a particular building locationunder Section 3 of this Amendment (subject to the TRRO transition requirements set forth therein); (hi) DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as Route that meets the FCC's non-impairment criteria addressed in Section 3.5 of this Amendment (subject to which the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such TransportTRRO transition requirements set forth therein); (ij) subject to Sections 3.5.1 and 3.5.2 above, any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon is required to provide to ECI ALEC on an unbundled basis on a particular route; (j) Dark Fiber Loopsunder Section 3 of this Amendment; (k) the Feeder portion of a LoopLoop (as a sub-loop element; provided, however, that this definition is not intended to affect any right ALEC may have to obtain unbundled access to an entire Loop that includes Feeder); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database Database, other than the 911 and E911 databasesdatabases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for ALEC 's embedded end user customer base for such switching, if any, as of March 11, 2005); (n) SignalingSignaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for ALEC 's embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared TransportTransport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for ALEC 's embedded end user customer base for such switching, if any, as of March 11, 2005); (p) FTTP FTTH Loops (lit or unlit);, subject to Section 3.1.2 above; (q) FTTC Loops (lit or unlit), subject to Section 3.1.2 above; (r) Hybrid Loops, subject to Section 3.2 above.

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to ECI Supra on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, Agreement or a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules47 U.S.C. § 251(c)(3) or 47 C.F.R. Part 51. By way of example and not by way of limitation, Discontinued Facilities include as of the following, Amendment Effective Date are whether as stand-alone facilities or combined or commingled with other facilities: (a) any Entrance Facility; (b) Enterprise Switching; (c) Mass Market Switching (subject to the transition provisions set forth herein for Supra's embedded end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and OCn Dedicated Transport; (f) subject to Sections 3.4.1, 3.4.2, and 3.6 above, DS1 Loops or DS3 Loops out of any wire center at which Wire Center that meets the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such LoopsFCC's non-impairment criteria addressed in Section 3.4 of this Amendment; (g) Dark Fiber Loops (subject to the transition provisions set forth herein for Supra 's embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h) any DS1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon is required to provide to ECI Supra on an unbundled basis at a particular building locationunder Section 3 of this Amendment (subject to the TRRO transition requirements set forth therein); (hi) DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as Route that meets the FCC's non-impairment criteria addressed in Section 3.5 of this Amendment (subject to which the Federal Unbundling Rules do not require Verizon to provide ECI with unbundled access to such TransportTRRO transition requirements set forth therein); (ij) subject to Sections 3.5.1 and 3.5.2 above, any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon is required to provide to ECI Supra on an unbundled basis on a particular route; (j) Dark Fiber Loopsunder Section 3 of this Amendment; (k) the Feeder portion of a LoopLoop (as a sub-loop element; provided, however, that this definition is not intended to affect any right Supra may have to obtain unbundled access to an entire Loop that includes Feeder); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database Database, other than the 911 and E911 databasesdatabases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for Supra 's embedded end user customer base for such switching, if any, as of March 11, 2005); (n) SignalingSignaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for Supra 's embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared TransportTransport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for Supra 's embedded end user customer base for such switching, if any, as of March 11, 2005); (p) FTTP FTTH Loops (lit or unlit);, subject to Section 3.1.2 above; (q) FTTC Loops (lit or unlit), subject to Section 3.1.2 above; (r) Hybrid Loops, subject to Section 3.2 above.