Common use of DSL Preference Clause in Contracts

DSL Preference. Each of Prodigy and Operating Partnership agrees that whenever a SBC-owned or controlled method of Broadband Access is available to a Broadband Access subscriber or potential subscriber, each of Prodigy and Operating Partnership shall offer the Prodigy Service to such subscriber only through such SBC-owned access unless the potential subscriber requests that the Prodigy Service be Delivered via a competitive Broadband Access and refuses Prodigy's or Operating Partnership's offer of the SBC-owned or controlled access.. In areas outside the SBC Territory where SBC owned or controlled Broadband Access is not available and where SBC or its Affiliates do not have a then present intention to provide Broadband Access in such territory, Prodigy or Operating Partnership may offer the Prodigy Service to Broadband Access subscribers through cable modem access or any other form of Broadband Access so long as Prodigy or Operating Partnership first notifies SBC of its intent to offer such cable modem access or other form of Broadband Access. Any issues regarding the implementation of the provisions of this Section 3.6 shall be resolved pursuant to the Escalation Process.

DSL Preference. Each of Prodigy and Operating Partnership agrees that whenever a SBC-owned or controlled method of Broadband Access is available to a Broadband Access subscriber or potential subscriber, each of Prodigy and Operating Partnership shall offer the Prodigy Service to such subscriber only through such SBC-owned access unless the potential subscriber requests that the Prodigy Service be Delivered via a competitive Broadband Access and refuses Prodigy's or Operating Partnership's offer of the SBC-owned or controlled access.. . In areas outside the SBC Territory where SBC owned or controlled Broadband Access is not available and where SBC or its Affiliates do not have a then present intention to provide Broadband Access in such territory, Prodigy or Operating Partnership may offer the Prodigy Service to Broadband Access subscribers through cable modem access or any other form of Broadband Access so long as Prodigy or Operating Partnership first notifies SBC of its intent to offer such cable modem access or other form of Broadband Access. Any issues regarding the implementation of the provisions of this Section 3.6 3.8 shall be resolved pursuant to the Escalation Process.