Common use of Discontinued Facility Clause in Contracts

Discontinued Facility. Discontinued Facilities as of the Amendment 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) local 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; (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 that meets the FCC'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 Verizon is required to provide to TWCIS (MA) on an unbundled basis under section 3 of this Amendment (subject to the transition requirements set forth therein); (i) subject to Sections 3.5.1 and 3.5.2 above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any Route that meets the FCC's non-impairment criteria addressed in section 3.5 of this Amendment (subject to the transition requirements set forth therein); (j) 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 Verizon is required to provide to TWCIS (MA) on an unbundled basis under section 3 of this Amendment; (k) the Feeder portion of a Loop (as a stand-alone element); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database, other than the 911 and E911 databases (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) Signaling (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 Transport (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) 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 RNK on an unbundled basis pursuant to the Agreement or a Verizon tariff, but which has ceased to be subject to an unbundling requirement under 47 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 areinclude 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) local circuit switching that, if provided to TWCIS (MA) RNK would be used for the purpose of serving TWCIS (MA)RNK’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for TWCIS (MA)'s RNK’s embedded end user customer base, if any, as of March 11, 2005); (d) 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 3.6 above, DS1 Loops or DS3 Loops out of any Wire Center that meets the FCC's non- ’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 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 Verizon is required to provide to TWCIS (MA) RNK on an unbundled basis under section 3 of this Amendment (subject to the transition requirements set forth therein)Amendment; (i) subject to Sections 3.5.1 3.5.1, 3.5.2, and 3.5.2 3.6 above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any Route that meets the FCC's ’s non-impairment criteria addressed in section 3.5 of this Amendment (subject to the transition requirements set forth thereinAmendment); (j) 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 Verizon is required to provide to TWCIS (MA) RNK on an unbundled basis under section 3 of this Amendment; (k) the Feeder portion of a Loop (as a standsub-alone 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, other than the 911 and E911 databases (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 RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (n) Signaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for TWCIS (MA) 's RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared Transport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for TWCIS (MA) 's RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (p) FTTH Loops (lit or unlit), subject to Section 3.1.2 3.1.1 through 3.1.3 above; (q) FTTC Loops (lit or unlit), subject to Section 3.1.2 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 [Section 251(c)(3)] facility that Verizon, at any time, has provided or offered to provide to ***CLEC Acronym TXT*** on an unbundled basis pursuant to the Agreement or a Verizon tariff, but which has ceased to be subject to an unbundling requirement [under 47 U.S.C. § 251(c)(3) or 47 C.F.R. Part 51] [under the TRO or TRRO]. [By way of example and not by way of limitation,] Discontinued Facilities as of the Amendment Effective Date are[include the following][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) local circuit switching that, if provided to TWCIS (MA) ***CLEC Acronym TXT*** would be used for the purpose of serving TWCIS (MA)***CLEC Acronym TXT***’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for TWCIS (MA)***CLEC Acronym TXT***'s embedded end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out 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 that meets the FCC'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) ***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 Verizon is required to provide to TWCIS (MA) ***CLEC Acronym TXT*** on an unbundled basis under section 3 of this Amendment (subject to the transition requirements set forth therein); (ij) subject to Sections 3.5.1 [and] 3.5.2[, and 3.5.2 3.5.4] above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any Route that meets the FCC's non-impairment criteria addressed in section 3.5 of this Amendment (subject to the transition requirements set forth therein); (jk) 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 Verizon is required to provide to TWCIS (MA) on an unbundled basis under section 3 of this Amendment; (k) the Feeder portion of a Loop (as a stand-alone element); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database, other than the 911 and E911 databases (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) Signaling (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 Transport (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) 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.Sections

Discontinued Facility. Discontinued Facilities as of the Amendment 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) local circuit switching that, if provided to TWCIS (MA) RNK would be used for the purpose of serving TWCIS (MA)RNK’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for TWCIS (MA)'s RNK’s embedded end user customer base, if any, as of March 11, 2005); (d) 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 that meets the FCC's non- ’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 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 Verizon is required to provide to TWCIS (MA) RNK on an unbundled basis under section 3 of this Amendment (subject to the transition requirements set forth therein); (i) subject to Sections 3.5.1 and 3.5.2 above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any Route that meets the FCC's ’s non-impairment criteria addressed in section 3.5 of this Amendment (subject to the transition requirements set forth therein); (j) 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 Verizon is required to provide to TWCIS (MA) RNK on an unbundled basis under section 3 of this Amendment; (k) the Feeder portion of a Loop (as a stand-alone element); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database, other than the 911 and E911 databases (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 RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (n) Signaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for TWCIS (MA) 's RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared Transport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for TWCIS (MA) 's RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (p) 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. Discontinued Facilities as of the Amendment 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) local circuit switching that, if provided to TWCIS (MA) RCN-B would be used for the purpose of serving TWCIS (MA)RCN-B’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for TWCIS (MA)RCN- B's embedded end user customer base, if any, as of March 11, 2005); (d) Four-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 that meets the FCC's non- 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) RCN-B '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 Verizon is required to provide to TWCIS (MA) RCN-B on an unbundled basis under section 3 of this Amendment (subject to the transition requirements set forth therein); (i) subject to Sections 3.5.1 and 3.5.2 above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any Route that meets the FCC's non-impairment criteria addressed in section 3.5 of this Amendment (subject to the transition requirements set forth therein); (j) subject to Sections 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 Verizon is required to provide to TWCIS (MA) RCN-B on an unbundled basis under section 3 of this Amendment; (k) the Feeder portion of a Loop (as a stand-alone element); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database, other than the 911 and E911 databases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for TWCIS (MA) RCN-B 's embedded end user customer base for such switching, if any, as of March 11, 2005); (n) Signaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for TWCIS (MA) RCN-B 's embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared Transport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for TWCIS (MA) RCN-B 's embedded end user customer base for such switching, if any, as of March 11, 2005); (p) 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. Discontinued Facilities as of the Amendment 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) local circuit switching that, if provided to TWCIS (MA) Level 3 would be used for the purpose of serving TWCIS (MA)Level 3’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for TWCIS (MA)Level 3's embedded end user customer base, if any, as of March 11, 2005); (d) Four-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 that meets the FCC's non- 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) 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 Verizon is required to provide to TWCIS (MA) Level 3 on an unbundled basis under section 3 of this Amendment (subject to the transition requirements set forth therein); (i) subject to Sections 3.5.1 and 3.5.2 above, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any Route that meets the FCC's non-impairment criteria addressed in section 3.5 of this Amendment (subject to the transition requirements set forth therein); (j) 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 Verizon is required to provide to TWCIS (MA) Level 3 on an unbundled basis under section 3 of this Amendment; (k) the Feeder portion of a Loop (as a stand-alone element); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database, other than the 911 and E911 databases (subject to the transition requirements set forth herein as to any Call-Related Databases used in connection with Mass Market Switching for TWCIS (MA) Xxxxx 0 's embedded end user customer base for such switching, if any, as of March 11, 2005); (n) Signaling (subject to the transition requirements set forth herein as to any Signaling used in connection with Mass Market Switching for TWCIS (MA) Xxxxx 0 's embedded end user customer base for such switching, if any, as of March 11, 2005); (o) Shared Transport (subject to the transition requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for TWCIS (MA) Xxxxx 0 's embedded end user customer base for such switching, if any, as of March 11, 2005); (p) 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.