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 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; (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 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 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 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 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 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 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 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 RNK Level 3 would be used for the purpose of serving RNKLevel 3’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions set forth herein for RNK’s 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 '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 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 RNK 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 '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 RNK 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 RNK ‘s 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 RNK ‘s 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 RNK ‘s 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.

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to Supra 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. Discontinued Facilities as of the Amendment Effective Date are, 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 RNK would be used for the purpose of serving RNK’s customers using DS1 or above capacity LoopsEnterprise Switching; (c) Mass Market Switching (subject to the transition provisions set forth herein for RNK’s Supra'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 's non-impairment criteria addressed in section Section 3.4 of this Amendment; (g) Dark Fiber Loops (subject to the transition provisions set forth herein for RNK ‘s Supra '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 RNK Supra on an unbundled basis under section Section 3 of this Amendment (subject to the TRRO 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 Section 3.5 of this Amendment (subject to the TRRO 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 RNK Supra on an unbundled basis under section 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 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, 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 RNK ‘s Supra '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 RNK ‘s Supra '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 RNK ‘s Supra '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 Xxxxxxx.xxx Inc. 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 as of include the Amendment Effective Date arefollowing, 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 RNK would be used for the purpose of serving RNK’s customers using DS1 or above capacity LoopsEnterprise Switching; (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)Four- Line Carve Out Switching; (d) Four-Line Carve Out 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 that meets wire center at which the FCC’s non-impairment criteria addressed in section 3.4 of this AmendmentFederal Unbundling Rules do not require Verizon to provide Xxxxxxx.xxx Inc. with unbundled access to such Loops; (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 RNK Xxxxxxx.xxx Inc. on an unbundled basis under section 3 of this Amendment (subject to the transition requirements set forth therein)at a particular building location; (ih) 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 route as to which the FCC’s non-impairment criteria addressed in section 3.5 of this Amendment (subject Federal Unbundling Rules do not require Verizon to the transition requirements set forth therein)provide Xxxxxxx.xxx Inc. with unbundled access to such Transport; (ji) 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 RNK Xxxxxxx.xxx Inc. on an unbundled basis under section 3 of this Amendmenton a particular route; (j) Dark Fiber Loops; (k) the Feeder portion of a Loop (as a stand-alone element)Loop; (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-Related Database, 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 RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005)databases; (n) Signaling (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)Signaling; (o) Shared Transport (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)Transport; (p) FTTH FTTP Loops (lit or unlit), subject to Section 3.1.2 above; (q) FTTC Hybrid Loops (lit or unlit), subject to Section 3.1.2 aboveexceptions for TDM and narrowband services (i.e., equivalent to DS0 capacity)); (r) Hybrid Loops, subject to Section 3.2 above.and

Discontinued Facility. Any facility that Verizon, at any time, has provided or offered to provide to SPRINT 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 RNK would be used for the purpose of serving RNK’s customers using DS1 or above capacity LoopsEnterprise Switching; (c) Mass Market Switching (subject to the transition provisions set forth herein for RNK’s SPRINT '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 's non-impairment criteria addressed in section 3.4 3 of this AmendmentAmendment (subject to the transition requirements set forth therein); (g) Dark Fiber Loops (subject to the transition provisions set forth herein for RNK ‘s SPRINT '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 RNK SPRINT 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 on which Verizon is not required to provide SPRINT with unbundled access to such Transport under section 3.5 3 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 RNK SPRINT on an unbundled basis under section 3 of this AmendmentAmendment (subject to the transition requirements set forth therein); (k) the Feeder portion of a Loop (as a stand-alone element)Loop; (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any Call-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 RNK ‘s SPRINT '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 RNK ‘s SPRINT '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 RNK ‘s SPRINT '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, Loops (subject to Section 3.2 aboveexceptions for TDM and narrowband services (i.e., equivalent to DS0 capacity)).