Common use of Effect on Embedded Base Clause in Contracts

Effect on Embedded Base. Upon Declassification of DS1 Dedicated Transport or DS3 Dedicated Transport already purchased by CLEC as 251(c)(3) UNEs under this Agreement, AT&T will provide written notice to CLEC of such Declassification of the element(s) and/or the combination or other arrangement in which the element(s) has been previously provided. During a transitional period of sixty (60) days from the date of such notice, AT&T agrees to continue providing such element(s) under the terms of this Agreement. Upon receipt of such written notice, CLEC will cease ordering new elements that are identified as Declassified or as otherwise no longer being a 251(c)(3) UNE in the AT&T notice letter. Unless CLEC has submitted an LSR and/or ASR, as applicable, to AT&T requesting disconnection or other discontinuance of such UNE(s) or combination of UNEs, AT&T shall convert the subject UNE(s) or combination of UNEs to an analogous access service if available, or if no analogous access service is available, to such other service arrangement as AT&T and CLEC may agree upon (e.g., via a separate agreement at market-based rates or resale); provided, however, that where there is no analogous access service, if CLEC and AT&T have failed to reach agreement as to a substitute service within such sixty (60) day period, then AT&T may disconnect the subject UNE(s) or combination of UNEs 5.3.5.2 Where such UNE(s) or combination of UNEs are converted to an analogous access service, AT&T shall provide such service(s) at the month-to-month rates, and in accordance with the terms and conditions of AT&T’s applicable access tariff, with the effective bill date being the first day following the sixty (60) notice period. The nonrecurring switch-as-is rates for Conversions are contained in the Pricing Schedule of this Attachment. Conversions shall be considered termination for purposes of any volume and/or term commitments and/or grandfathered status between CLEC and AT&T. Any change from a wholesale service to a UNE/Combination or from a UNE/Combination to a wholesale service/group of wholesale services that requires a physical rearrangement will not be considered to be a Conversion for purposes of this Agreement. AT&T will not require physical rearrangements if the Conversion can be completed through record changes only. If CLEC wants to convert a UNE or Combination (or part thereof) to wholesale services CLEC shall submit a spreadsheet (and a commingling ordering document that indicates which part is to be filled as a UNE, if applicable). AT&T shall charge CLEC the applicable nonrecurring switch-as-is charge, as set forth in Exhibit A. Orders for Conversions will be handled in accordance with the guidelines set forth in AT&T’s Wholesale Transport Service Conversion to Unbundled Network Element-Loop CLEC Information Package (version 1) or Unbundled Network Element to Special Access Conversion Process Information Package (version 2) available on AT&T’s CLEC Online website, and the specific product guide for the UNE/Combination or wholesale service(s) requested by CLEC, if applicable.

Effect on Embedded Base. Upon Declassification of DS1 Dedicated Transport or DS3 Dedicated Transport already purchased by CLEC as 251(c)(3) UNEs under this Agreement, AT&T will provide written notice to CLEC of such Declassification of the element(s) and/or the combination or other arrangement in which the element(s) has been previously provided. During a transitional period of sixty (60) days from the date of such notice, AT&T agrees to continue providing such element(s) under the terms of this Agreement. Upon receipt of such written notice, CLEC will cease ordering new elements that are identified as Declassified or as otherwise no longer being a 251(c)(3) UNE in the AT&T notice letter. Unless CLEC has submitted an LSR and/or ASR, as applicable, to AT&T requesting disconnection or other discontinuance of such UNE(s) or combination of UNEs, AT&T shall convert the subject UNE(s) or combination of UNEs to an analogous access service if available, or if no analogous access service is available, to such other service arrangement as AT&T and CLEC may agree upon (e.g., via a separate agreement at market-based rates or resale); provided, however, that where there is no analogous access service, if CLEC and AT&T have failed to reach agreement as to a substitute service within such sixty (60) day period, then AT&T may disconnect the subject UNE(s) or combination of UNEs 5.3.5.2 Where such UNE(s) or combination of UNEs are converted to an analogous access service, AT&T shall provide such service(s) at the month-to-month rates, and in accordance with the terms and conditions of AT&T’s applicable access tariff, with the effective bill xxxx date being the first day following the sixty (60) notice period. The nonrecurring switch-as-is rates for Conversions are contained in the Pricing Schedule of this Attachment. Conversions shall be considered termination for purposes of any volume and/or term commitments and/or grandfathered status between CLEC and AT&T. Any change from a wholesale service to a UNE/Combination or from a UNE/Combination to a wholesale service/group of wholesale services that requires a physical rearrangement will not be considered to be a Conversion for purposes of this Agreement. AT&T will not require physical rearrangements if the Conversion can be completed through record changes only. If CLEC wants to convert a UNE or Combination (or part thereof) to wholesale services CLEC shall submit a spreadsheet (and a commingling ordering document that indicates which part is to be filled as a UNE, if applicable). AT&T shall charge CLEC the applicable nonrecurring switch-as-is charge, as set forth in Exhibit A. Orders for Conversions will be handled in accordance with the guidelines set forth in AT&T’s Wholesale Transport Service Conversion to Unbundled Network Element-Loop CLEC Information Package (version 1) or Unbundled Network Element to Special Access Conversion Process Information Package (version 2) available on AT&T’s CLEC Online website, and the specific product guide for the UNE/Combination or wholesale service(s) requested by CLEC, if applicable.

Effect on Embedded Base. Upon Declassification of DS1 Dedicated Transport Loops or DS3 Dedicated Transport Loops already purchased by CLEC as on 251(c)(3) UNEs under this Agreement, AT&T TEXAS will provide written notice to CLEC of such Declassification of the element(s) and/or the combination or other arrangement in which the element(s) has been previously provided. During a transitional period of sixty (60) days from the date of such notice, AT&T TEXAS agrees to continue providing such element(s) under the terms of this Agreement. Upon receipt of such written notice, CLEC will cease ordering new elements that are identified as Declassified or as otherwise no longer being a 251(c)(3) UNE in the AT&T TEXAS notice letter. Unless CLEC has submitted an LSR and/or ASR, as applicable, to AT&T TEXAS requesting disconnection or other discontinuance of such UNE(s) or combination of UNEs, AT&T TEXAS shall convert the subject UNE(s) or combination of UNEs to an analogous access service if available, or if no analogous access service is available, to Page 89 of 301 ATACHMENT6: 251(C)(3) UNE/SOUTHWESTERN BELL TELEPHONE, L.P. CLEC JOINT PETITIONERS/PHONOSCOPE LIGHT WAVE such other service arrangement as AT&T TEXAS and CLEC may agree upon (e.g., via a separate agreement at market-based rates or resale); provided, however, that where there is no analogous access service, if CLEC and AT&T TEXAS have failed to reach agreement as to a substitute service within such sixty (60) day period, then AT&T TEXAS may disconnect the subject UNE(s) or combination of UNEs 5.3.5.2 Where such UNE(s) or combination of UNEs are converted to an analogous access service, AT&T shall provide such service(s) at the month-to-month rates, and in accordance with the terms and conditions of AT&T’s applicable access tariff, with the effective bill date being the first day following the sixty (60) notice period. The nonrecurring switch-as-is rates for Conversions are contained in the Pricing Schedule of this Attachment. Conversions shall be considered termination for purposes of any volume and/or term commitments and/or grandfathered status between CLEC and AT&T. Any change from a wholesale service to a UNE/Combination or from a UNE/Combination to a wholesale service/group of wholesale services that requires a physical rearrangement will not be considered to be a Conversion for purposes of this Agreement. AT&T will not require physical rearrangements if the Conversion can be completed through record changes only. If CLEC wants to convert a UNE or Combination (or part thereof) to wholesale services CLEC shall submit a spreadsheet (and a commingling ordering document that indicates which part is to be filled as a UNE, if applicable). AT&T shall charge CLEC the applicable nonrecurring switch-as-is charge, as set forth in Exhibit A. Orders for Conversions will be handled in accordance with the guidelines set forth in AT&T’s Wholesale Transport Service Conversion to Unbundled Network Element-Loop CLEC Information Package (version 1) or Unbundled Network Element to Special Access Conversion Process Information Package (version 2) available on AT&T’s CLEC Online website, and the specific product guide for the UNE/Combination or wholesale service(s) requested by CLEC, if applicable.