General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of California, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13, 1997 (Arbitration Order) in Docket No. D.00-00-000. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON agrees to offer to SPRINT the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights. 4.1.2.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum. 4.1.2.2 VERIZON and SPRINT agree that if the Arbitrated Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates), then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwise. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of California, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13, 1997 (Arbitration Order) in Docket No. D.00-00-000. These Th ese certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON agrees to offer to SPRINT the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON and SPRINT agree that if the Arbitrated Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates), then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwise. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five
Appears in 2 contracts
Samples: Interconnection Agreement, 251/252 Agreement
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of CaliforniaIllinois, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13June 21, 1997 1999 (Arbitration Order) in Docket No. D.00-00-00099AA-001. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT CCI has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON GTE agrees to offer to SPRINT CCI the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON GTE offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON GTE does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON GTE court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON GTE the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON GTE the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Second and Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON GTE further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON GTE and SPRINT CCI agree that if the Arbitrated Rates and/or GTE Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates)proceeding, then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an the applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date Effective Date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwisethis Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said final, binding and non- appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) Business Days after the date on which such Order becomes final, binding and non- appealable. The Parties agree that the provisions of this Section 4.1.2.2 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time, and that, in the event the Commission establishes permanent rates and charges in any generic rate proceeding or such other proceeding after this Agreement terminates or expires, nothing contained herein shall prohibit a true-up of the affected rates and charges retroactive to the Effective Date of this Agreement as contemplated by this Section 4.1.2.2. CCI acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.2 before a commission or court of competent jurisdiction.
4.1.2.3 GTE and CCI further agree that the Arbitrated Rates and any subsequent permanent rates or charges are further subject to change and/or modification resulting from future orders or decisions of any commission, court or other governmental authority having competent jurisdiction that address, without limitation, the following: (1) GTE’s unrecovered costs (e.g., actual costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s interim universal service support charge)); (2) the establishment of a competitively neutral universal service system; (3) any and all actions seeking to invalidate, stay, vacate or otherwise modify any FCC Order in effect as of the Effective Date, or during the term, of this Agreement which impact the Arbitrated Rates or any subsequent permanent rates and charges, including, without limitation, the current appeal of the FCC pricing rules pending before the Eighth Circuit Court of Appeals (See Docket No. 96-321) and any appeal of the FCC’s new UNE rules; or (4) any other relevant appeal or litigation. The Parties agree that if the Arbitrated Rates or any subsequent permanent rates or charges are deemed to be unlawful or otherwise modified pursuant to such an order or decision, or are otherwise stayed, enjoined or impacted, or the methodology from which they were derived is held to be unlawful or otherwise invalid, in whole or in part, by such an order or decision, then this Agreement shall be deemed to have been automatically amended, by modification of rates or charges, or, as appropriate, by the substitution of the GTE Rates for such rates and charges, and such amendments shall be effective upon the date of the applicable Order. Such modified or substituted rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable Order in the subject proceeding. At such time as the applicable Order becomes final, binding and non-appealable, the modified or substituted rates and charges established therein shall be applied retroactively to the Effective Date of this Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, refunded within forty-five
Appears in 1 contract
Samples: 251/252 Agreement
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of CaliforniaIllinois, Inc. (“AT&T”) (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13June 21, 1997 1999 (Arbitration Order) in Docket No. D.00-00-00099AA-001. These certain rates and charges were imposed by the Commission on GTE Verizon, formerly known as GTE, as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE Verizon rates and charges ("GTE Verizon Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT ServiSense has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON Xxxxxxx agrees to offer to SPRINT ServiSense the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON Verizon offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON Verizon does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON Verizon court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON Verizon the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON Verizon the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON Verizon further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON Verizon and SPRINT ServiSense agree that if the Arbitrated Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates), then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Original Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-non- appealable order in the subject proceeding. At such time as an applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date Effective Date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwise. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said final, binding and non- appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) Business Days after the date on which such Order becomes final, binding and non- appealable. The Parties agree that the provisions of this Section 4.1.2.2 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time, and unless expressly prohibited by the applicable Order, nothing contained herein shall prohibit a true-up of the affected rates and charges retroactive to the Effective Date of the Rate Modifying Order as contemplated by this Section 4.1.2.2, following the termination or expiration of this Agreement. ServiSense acknowledges that Verizon may seek to enforce the provisions in this Section 4.1.2.2 before a commission or court of competent jurisdiction.
4.1.2.3 Verizon and ServiSense further agree that the Arbitrated Rates and any subsequent adjusted or modified rates or charges are further subject to change and/or modification resulting from future orders or decisions of any commission, court or other governmental authority having competent jurisdiction that address the following: (1) Verizon’s unrecovered costs (e.g., actual costs, contribution, undepreciated reserve deficiency, or similar unrecovered Verizon costs (including Verizon’s interim universal service support charge)); (2) the establishment of a competitively neutral universal service system; (3) any and all actions seeking to invalidate, stay, vacate or otherwise modify any FCC Order in effect as of the Effective Date, or during the term, of this Agreement which impact the Arbitrated Rates or any subsequent adjusted or modified rates or charges (or the methodology from which they were derived), including, without limitation, the current appeal of the FCC pricing rules pending before the Eighth Circuit Court of Appeals (See Docket No. 96-321) and any appeal of the FCC’s new UNE rules; or (4) any other relevant appeal or litigation. The Parties agree that if the Arbitrated Rates or any subsequent adjusted or modified rates or charges are deemed to be unlawful or otherwise modified pursuant to such an order or decision, or are otherwise stayed, enjoined or impacted, or the methodology from which they were derived is held to be unlawful or otherwise invalid, in whole or in part, by such an order or decision, then this Agreement shall be deemed to have been automatically amended, by modification of rates or charges, or, as appropriate, by the substitution of the Verizon Rates for such rates and charges, and such amendments shall be effective upon the date of the applicable Order. Such modified or substituted rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable Order in the subject proceeding. At such time as the applicable Order becomes final, binding and non-appealable, the modified or substituted rates and charges established therein shall be applied retroactively to the Effective Date of this Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, refunded within forty-five
Appears in 1 contract
Samples: 251/252 Agreement
General Terms and Conditions Affecting Rates. [OPT-IN] Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE Midwest Incorporated and AT&T Communications of Californiathe Midwest, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13April 14, 1997 1997, (Arbitration Order) in Docket No. D.00-00-000C-1400. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT NEN has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON GTE agrees to offer to SPRINT NEN the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 49.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON GTE offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON GTE does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON GTE court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON GTE the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON GTE the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Second and Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON GTE further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON 49.2 GTE and SPRINT NEN agree that if the Arbitrated Rates and/or GTE Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates)proceeding, then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an the applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date Effective Date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwisethis Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty- five (45) Business Days after the date on which such Order becomes final, binding and non- appealable. The Parties agree that the provisions of this Section 4.1.2.2 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time, and that, in the event the Commission establishes permanent rates and charges in any generic rate proceeding or such other proceeding after this Agreement terminates or expires, nothing contained herein shall prohibit a true-up of the effected rates and charges retroactive to the Effective Date of this Agreement as contemplated by this Section 4.1.2.2. NEN acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.2 before a commission or court of competent jurisdiction.
49.3 GTE and NEN further agree that the Arbitrated Rates and any subsequent permanent rates or charges are further subject to change and/or modification resulting from future orders or decisions of any commission, court or other governmental authority having competent jurisdiction that address, without limitation, the following: (1) GTE’s unrecovered costs (e.g., actual costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s interim universal service support charge)); (2) the establishment of a competitively neutral universal service system; (3) any and all actions seeking to invalidate, stay, vacate or otherwise modify any FCC Order in effect as of the Effective Date, or during the term, of this Agreement which impact the Arbitrated Rates or any subsequent permanent rates and charges, including, without limitation, the current appeal of the FCC pricing rules pending before the Eighth Circuit Court of Appeals (See Docket No. 96-321) and any appeal of the FCC’s new UNE rules; or (4) any other relevant appeal or litigation. The Parties agree that if the Arbitrated Rates or any subsequent permanent rates or charges are deemed to be unlawful or otherwise modified pursuant to such an order or decision, or are otherwise stayed, enjoined or impacted, or the methodology from which they were derived is held to be unlawful or otherwise invalid, in whole or in part, by such an order or decision, then this Agreement shall be deemed to have been automatically amended, by modification of rates or charges, or, as appropriate, by the substitution of the GTE Rates for such rates and charges, and such amendments shall be effective upon the date of the applicable Order. Such modified or substituted rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable Order in the subject proceeding. At such time as the applicable Order becomes final, binding and non-appealable, the modified or substituted rates and charges established therein shall be applied retroactively to the Effective Date of this Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded within forty-fivefive (45) Business Days after the date on which such Order becomes final, binding and non-appealable. The Parties agree that the provisions of this Section 4.1.2.3 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time. NEN acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.3 before a commission or court of competent jurisdiction.
Appears in 1 contract
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of CaliforniaMichigan, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13, 1997 July 16,1999 (Arbitration Order) in Docket No. D.00-00-000U-11165. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT NEN has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON GTE agrees to offer to SPRINT NEN the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 49.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON GTE offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON GTE does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON GTE court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON GTE the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON GTE the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Second and Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON GTE further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON 49.2 GTE and SPRINT NEN agree that if the Arbitrated Rates and/or GTE Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates)proceeding, then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an the applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date Effective Date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwisethis Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty- five (45) Business Days after the date on which such Order becomes final, binding and non- appealable. The Parties agree that the provisions of this Section 4.1.2.2 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time, and that, in the event the Commission establishes permanent rates and charges in any generic rate proceeding or such other proceeding after this Agreement terminates or expires, nothing contained herein shall prohibit a true-up of the effected rates and charges retroactive to the Effective Date of this Agreement as contemplated by this Section 4.1.2.2. NEN acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.2 before a commission or court of competent jurisdiction.
49.3 GTE and NEN further agree that the Arbitrated Rates and any subsequent permanent rates or charges are further subject to change and/or modification resulting from future orders or decisions of any commission, court or other governmental authority having competent jurisdiction that address, without limitation, the following: (1) GTE’s unrecovered costs (e.g., actual costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s interim universal service support charge)); (2) the establishment of a competitively neutral universal service system; (3) any and all actions seeking to invalidate, stay, vacate or otherwise modify any FCC Order in effect as of the Effective Date, or during the term, of this Agreement which impact the Arbitrated Rates or any subsequent permanent rates and charges, including, without limitation, the current appeal of the FCC pricing rules pending before the Eighth Circuit Court of Appeals (See Docket No. 96-321) and any appeal of the FCC’s new UNE rules; or (4) any other relevant appeal or litigation. The Parties agree that if the Arbitrated Rates or any subsequent permanent rates or charges are deemed to be unlawful or otherwise modified pursuant to such an order or decision, or are otherwise stayed, enjoined or impacted, or the methodology from which they were derived is held to be unlawful or otherwise invalid, in whole or in part, by such an order or decision, then this Agreement shall be deemed to have been automatically amended, by modification of rates or charges, or, as appropriate, by the substitution of the GTE Rates for such rates and charges, and such amendments shall be effective upon the date of the applicable Order. Such modified or substituted rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable Order in the subject proceeding. At such time as the applicable Order becomes final, binding and non-appealable, the modified or substituted rates and charges established therein shall be applied retroactively to the Effective Date of this Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded within forty-fivefive (45) Business Days after the date on which such Order becomes final, binding and non- appealable. The Parties agree that the provisions of this Section 4.1.2.3 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time. NEN acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.3 before a commission or court of competent jurisdiction.
Appears in 1 contract
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of Californiathe South Central States, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13July 30, 1997 1999 (Arbitration Order) in Docket No. D.0096-00-000478. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT CCI has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON GTE agrees to offer to SPRINT CCI the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON GTE offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON GTE does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON GTE court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON GTE the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON GTE the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Second and Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON GTE further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON GTE and SPRINT CCI agree that if the Arbitrated Rates and/or GTE Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates)proceeding, then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an the applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date Effective Date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwisethis Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said final, binding and non- appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) Business Days after the date on which such Order becomes final, binding and non- appealable. The Parties agree that the provisions of this Section 4.1.2.2 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time, and that, in the event the Commission establishes permanent rates and charges in any generic rate proceeding or such other proceeding after this Agreement terminates or expires, nothing contained herein shall prohibit a true-up of the affected rates and charges retroactive to the Effective Date of this Agreement as contemplated by this Section 4.1.2.2. CCI acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.2 before a commission or court of competent jurisdiction.
4.1.2.3 GTE and CCI further agree that the Arbitrated Rates and any subsequent permanent rates or charges are further subject to change and/or modification resulting from future orders or decisions of any commission, court or other governmental authority having competent jurisdiction that address, without limitation, the following: (1) GTE’s unrecovered costs (e.g., actual costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s interim universal service support charge)); (2) the establishment of a competitively neutral universal service system; (3) any and all actions seeking to invalidate, stay, vacate or otherwise modify any FCC Order in effect as of the Effective Date, or during the term, of this Agreement which impact the Arbitrated Rates or any subsequent permanent rates and charges, including, without limitation, the current appeal of the FCC pricing rules pending before the Eighth Circuit Court of Appeals (See Docket No. 96-321) and any appeal of the FCC’s new UNE rules; or (4) any other relevant appeal or litigation. The Parties agree that if the Arbitrated Rates or any subsequent permanent rates or charges are deemed to be unlawful or otherwise modified pursuant to such an order or decision, or are otherwise stayed, enjoined or impacted, or the methodology from which they were derived is held to be unlawful or otherwise invalid, in whole or in part, by such an order or decision, then this Agreement shall be deemed to have been automatically amended, by modification of rates or charges, or, as appropriate, by the substitution of the GTE Rates for such rates and charges, and such amendments shall be effective upon the date of the applicable Order. Such modified or substituted rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable Order in the subject proceeding. At such time as the applicable Order becomes final, binding and non-appealable, the modified or substituted rates and charges established therein shall be applied retroactively to the Effective Date of this Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, refunded within forty-five
Appears in 1 contract
Samples: 251/252 Agreement
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of California, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13, 1997 (Arbitration Order) in Docket No. D.00-00-000. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON agrees to offer to SPRINT the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 . By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 . VERIZON and SPRINT agree that if the Arbitrated Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates), then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwise. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-fivefive (45) Business Days after the date on which such Order becomes final, binding and non-appealable. The Parties agree that the retroactive true-up provisions of this Section 4.1.2.2 shall survive the termination or expiration of this Agreement only to the extent the Rate Modifying Order issues or becomes effective during the term of this Agreement. SPRINT acknowledges that VERIZON may seek to enforce the provisions in this Section 4.1.2.2 before a commission or court of competent jurisdiction. VERIZON and SPRINT further agree that the Arbitrated Rates and any subsequent adjusted or modified rates or charges are further subject to change and/or modification resulting from future orders or decisions of any commission, court or other governmental authority having competent jurisdiction that address the following: (1) VERIZON’s unrecovered costs (e.g., actual costs, contribution, undepreciated reserve deficiency, or similar unrecovered VERIZON costs (including VERIZON’s interim universal service support charge)); (2) the establishment of a competitively neutral universal service system; (3) any and all actions seeking to invalidate, stay, vacate or otherwise modify any FCC Order in effect as of the Effective Date, or during the term, of this Agreement which impact the Arbitrated Rates or any subsequent adjusted or modified rates or charges (or the methodology from which they were derived), including, without limitation, the current appeal of the FCC pricing rules pending before the Eighth Circuit Court of Appeals (See Docket No. 96-321) and any appeal of the FCC’s new UNE rules; or (4) any other relevant appeal or litigation. The Parties agree that if the Arbitrated Rates or any subsequent adjusted or modified rates or charges are deemed to be unlawful or otherwise modified pursuant to such an order or decision, or are otherwise stayed, enjoined or impacted, or the methodology from which they were derived is held to be unlawful or otherwise invalid, in whole or in part, by such an order or decision, then this Agreement shall be deemed to have been automatically amended, by modification of rates or charges, or, as appropriate, by the substitution of the VERIZON Rates for such rates and charges, and such amendments shall be effective upon the date of the applicable Order. Such modified or substituted rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable Order in the subject proceeding. At such time as the applicable Order becomes final, binding and non-appealable, the modified or substituted rates and charges established therein shall be applied retroactively to the Effective Date of this Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded within forty-five (45) Business Days after the date on which such Order becomes final, binding and non-appealable. The Parties agree that the retroactive true-up provisions of this Section 4.1.2.3 shall survive the termination or expiration of this Agreement only to the extent the applicable Order issues or becomes effective during the term of this Agreement. SPRINT acknowledges that VERIZON may seek to enforce the provisions in this Section 4.1.2.3 before a commission or court of competent jurisdiction.
Appears in 1 contract
Samples: Interconnection Agreement
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of Californiathe South Central States, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13July 30, 1997 1999 (Arbitration Order) in Docket Case No. D.0096-00-000478. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT NEN has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON GTE agrees to offer to SPRINT NEN the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 49.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON GTE offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON GTE does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON GTE court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON GTE the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON GTE the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Second and Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON GTE further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON 49.2 GTE and SPRINT NEN agree that if the Arbitrated Rates and/or GTE Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates)proceeding, then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an the applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date Effective Date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwisethis Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty- five (45) Business Days after the date on which such Order becomes final, binding and non- appealable. The Parties agree that the provisions of this Section 4.1.2.2 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time, and that, in the event the Commission establishes permanent rates and charges in any generic rate proceeding or such other proceeding after this Agreement terminates or expires, nothing contained herein shall prohibit a true-up of the effected rates and charges retroactive to the Effective Date of this Agreement as contemplated by this Section 4.1.2.2. NEN acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.2 before a commission or court of competent jurisdiction.
49.3 GTE and NEN further agree that the Arbitrated Rates and any subsequent permanent rates or charges are further subject to change and/or modification resulting from future orders or decisions of any commission, court or other governmental authority having competent jurisdiction that address, without limitation, the following: (1) GTE’s unrecovered costs (e.g., actual costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s interim universal service support charge)); (2) the establishment of a competitively neutral universal service system; (3) any and all actions seeking to invalidate, stay, vacate or otherwise modify any FCC Order in effect as of the Effective Date, or during the term, of this Agreement which impact the Arbitrated Rates or any subsequent permanent rates and charges, including, without limitation, the current appeal of the FCC pricing rules pending before the Eighth Circuit Court of Appeals (See Docket No. 96-321) and any appeal of the FCC’s new UNE rules; or (4) any other relevant appeal or litigation. The Parties agree that if the Arbitrated Rates or any subsequent permanent rates or charges are deemed to be unlawful or otherwise modified pursuant to such an order or decision, or are otherwise stayed, enjoined or impacted, or the methodology from which they were derived is held to be unlawful or otherwise invalid, in whole or in part, by such an order or decision, then this Agreement shall be deemed to have been automatically amended, by modification of rates or charges, or, as appropriate, by the substitution of the GTE Rates for such rates and charges, and such amendments shall be effective upon the date of the applicable Order. Such modified or substituted rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable Order in the subject proceeding. At such time as the applicable Order becomes final, binding and non-appealable, the modified or substituted rates and charges established therein shall be applied retroactively to the Effective Date of this Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded within forty-fivefive (45) Business Days after the date on which such Order becomes final, binding and non-appealable. The Parties agree that the provisions of this Section 4.1.2.3 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time. NEN acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.3 before a commission or court of competent jurisdiction.
Appears in 1 contract
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of Californiathe South Central States, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13July 30, 1997 1999 (Arbitration Order) in Docket No. D.0096-00-000478. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT USA Digital has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON GTE agrees to offer to SPRINT USA Digital the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON GTE offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON GTE does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON GTE court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON GTE the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON GTE the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Second and Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON GTE further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON GTE and SPRINT USA Digital agree that if the Arbitrated Rates and/or GTE Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates)proceeding, then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an the applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date Effective Date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwisethis Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five
Appears in 1 contract
Samples: Interconnection Agreement
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of Californiathe South Central States, Inc. (“AT&T”) (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13July 30, 1997 1999 (Arbitration Order) in Docket No. D.0096-00-000478. These certain rates and charges were imposed by the Commission on GTE Verizon, formerly known as GTE, as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE Verizon rates and charges ("GTE Verizon Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT ServiSense has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON Verizon agrees to offer to SPRINT ServiSense the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON Verizon offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON Verizon does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON Verizon court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON Verizon the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON Verizon the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON Verizon further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON Verizon and SPRINT ServiSense agree that if the Arbitrated Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates), then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Original Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-non- appealable order in the subject proceeding. At such time as an applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date Effective Date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwise. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said final, binding and non- appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty-five (45) Business Days after the date on which such Order becomes final, binding and non- appealable. The Parties agree that the provisions of this Section 4.1.2.2 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time, and unless expressly prohibited by the applicable Order, nothing contained herein shall prohibit a true-up of the affected rates and charges retroactive to the Effective Date of the Rate Modifying Order as contemplated by this Section 4.1.2.2, following the termination or expiration of this Agreement. ServiSense acknowledges that Verizon may seek to enforce the provisions in this Section 4.1.2.2 before a commission or court of competent jurisdiction.
4.1.2.3 Verizon and ServiSense further agree that the Arbitrated Rates and any subsequent adjusted or modified rates or charges are further subject to change and/or modification resulting from future orders or decisions of any commission, court or other governmental authority having competent jurisdiction that address the following: (1) Verizon’s unrecovered costs (e.g., actual costs, contribution, undepreciated reserve deficiency, or similar unrecovered Verizon costs (including Verizon’s interim universal service support charge)); (2) the establishment of a competitively neutral universal service system; (3) any and all actions seeking to invalidate, stay, vacate or otherwise modify any FCC Order in effect as of the Effective Date, or during the term, of this Agreement which impact the Arbitrated Rates or any subsequent adjusted or modified rates or charges (or the methodology from which they were derived), including, without limitation, the current appeal of the FCC pricing rules pending before the Eighth Circuit Court of Appeals (See Docket No. 96-321) and any appeal of the FCC’s new UNE rules; or (4) any other relevant appeal or litigation. The Parties agree that if the Arbitrated Rates or any subsequent adjusted or modified rates or charges are deemed to be unlawful or otherwise modified pursuant to such an order or decision, or are otherwise stayed, enjoined or impacted, or the methodology from which they were derived is held to be unlawful or otherwise invalid, in whole or in part, by such an order or decision, then this Agreement shall be deemed to have been automatically amended, by modification of rates or charges, or, as appropriate, by the substitution of the Verizon Rates for such rates and charges, and such amendments shall be effective upon the date of the applicable Order. Such modified or substituted rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable Order in the subject proceeding. At such time as the applicable Order becomes final, binding and non-appealable, the modified or substituted rates and charges established therein shall be applied retroactively to the Effective Date of this Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, refunded within forty-five
Appears in 1 contract
Samples: 251/252 Agreement
General Terms and Conditions Affecting Rates. Certain rates and charges specified in this Agreement were taken from the previously arbitrated Interconnection, Resale and Unbundling Agreement between GTE and AT&T Communications of CaliforniaIllinois, Inc. (Arbitrated Agreement), which was approved by the Commission’s Order dated January 13June 21, 1997 1999 (Arbitration Order) in Docket No. D.0099-00-000AA-001. These certain rates and charges were imposed by the Commission on GTE as part of the Arbitrated Agreement (Arbitrated Rates) and are indicated as Arbitrated Rates ("AT&T") on the appropriate services appendix next to the GTE rates and charges ("GTE Rates"). The Parties each agree and acknowledge that they have mutually agreed to incorporate Arbitrated Rates into this Agreement because the Commission has already issued its decision approving the Arbitrated Rates in the Arbitration Order, and SPRINT NEN has represented that it would request the same rates and charges in an arbitration before the Commission. Therefore, for the purposes of compromise and administrative ease, and in order to temporarily resolve issues regarding rates and charges without recourse to formal and expensive arbitration pursuant to Section 252 of the Act, VERIZON GTE agrees to offer to SPRINT NEN the Arbitrated Rates in this Agreement on an interim basis, subject to the following express agreements, conditions, limitations and reservation of rights.
4.1.2.1 49.1 By agreeing to incorporate the Arbitrated Rates into this Agreement, VERIZON GTE offers the Arbitrated Rates herein solely for the reasons specified above. VERIZON GTE does not waive, and hereby expressly reserves, its rights to assert or continue to assert that: (a) certain of the Arbitrated Rates are unlawful, illegal and improper, including, without limitation, the positions stated in any pending or future VERIZON GTE court challenge regarding certain of the Arbitrated Rates; (b) the Arbitrated Rates do not afford VERIZON GTE the opportunity to recover its actual costs, as mandated by the Act and applicable law; (c) the Arbitrated Rates should not have become effective until such time as the Commission has established an explicit, specific, predictable, sufficient and competitively neutral universal service mechanism that provides VERIZON GTE the opportunity to recover its actual costs; and (d) certain provisions of the FCC’s First, Second, Second and Third and Fourth Report and Order in FCC Docket No. 96-98 and other FCC orders or rules (collectively, the “FCC Orders”) are unlawful, illegal and improper. VERIZON GTE further expressly reserves its past, present and future rights to challenge and seek review of any and all Arbitrated Rates or any permanent rates or charges established in any generic rate proceeding or any other proceeding, in any court or commission of competent jurisdiction or other available forum.
4.1.2.2 VERIZON 49.2 GTE and SPRINT NEN agree that if the Arbitrated Rates and/or GTE Rates are adjusted or otherwise modified, in whole or in part, by the Commission in any generic rate proceeding or any other rate proceeding (including any proceeding designed to implement deaveraged rates)proceeding, then the Arbitrated Rates incorporated into this Agreement shall be deemed to have been automatically amended, and such amendment shall be effective upon the date of the applicable Order (the “Rate Modifying Order”), unless the Rate Modifying Order establishes a different effective date. Such adjusted or modified rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable order in the subject proceeding. At such time as an the applicable Order becomes final, binding and non-appealable, the adjusted or modified rates and charges established therein shall be applied retroactively to the effective date Effective Date of the Rate Modifying Order, unless the applicable Order expressly specifies otherwisethis Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, NA N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded, within forty- five (45) Business Days after the date on which such Order becomes final, binding and non- appealable. The Parties agree that the provisions of this Section 4.1.2.2 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time, and that, in the event the Commission establishes permanent rates and charges in any generic rate proceeding or such other proceeding after this Agreement terminates or expires, nothing contained herein shall prohibit a true-up of the effected rates and charges retroactive to the Effective Date of this Agreement as contemplated by this Section 4.1.2.2. NEN acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.2 before a commission or court of competent jurisdiction.
49.3 GTE and NEN further agree that the Arbitrated Rates and any subsequent permanent rates or charges are further subject to change and/or modification resulting from future orders or decisions of any commission, court or other governmental authority having competent jurisdiction that address, without limitation, the following: (1) GTE’s unrecovered costs (e.g., actual costs, contribution, undepreciated reserve deficiency, or similar unrecovered GTE costs (including GTE’s interim universal service support charge)); (2) the establishment of a competitively neutral universal service system; (3) any and all actions seeking to invalidate, stay, vacate or otherwise modify any FCC Order in effect as of the Effective Date, or during the term, of this Agreement which impact the Arbitrated Rates or any subsequent permanent rates and charges, including, without limitation, the current appeal of the FCC pricing rules pending before the Eighth Circuit Court of Appeals (See Docket No. 96-321) and any appeal of the FCC’s new UNE rules; or (4) any other relevant appeal or litigation. The Parties agree that if the Arbitrated Rates or any subsequent permanent rates or charges are deemed to be unlawful or otherwise modified pursuant to such an order or decision, or are otherwise stayed, enjoined or impacted, or the methodology from which they were derived is held to be unlawful or otherwise invalid, in whole or in part, by such an order or decision, then this Agreement shall be deemed to have been automatically amended, by modification of rates or charges, or, as appropriate, by the substitution of the GTE Rates for such rates and charges, and such amendments shall be effective upon the date of the applicable Order. Such modified or substituted rates and charges will be applied prospectively pending the issuance of a final, binding and non-appealable Order in the subject proceeding. At such time as the applicable Order becomes final, binding and non-appealable, the modified or substituted rates and charges established therein shall be applied retroactively to the Effective Date of this Agreement. The Parties will true-up any resulting over or under billing. Such true-up payments, if any, shall also include interest computed at the prime rate of the Bank of America, N.A. in effect at the date of said final, binding and non-appealable Order. Any underpayment shall be paid, and any overpayment shall be refunded within forty-fivefive (45) Business Days after the date on which such Order becomes final, binding and non-appealable. The Parties agree that the provisions of this Section 4.1.2.3 shall survive the termination, rescission, modification or expiration of this Agreement without limit as to time. NEN acknowledges that GTE may seek to enforce the provisions in this Section 4.1.2.3 before a commission or court of competent jurisdiction.
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