Common use of Interference or Impairment Clause in Contracts

Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate the provisions of this paragraph, BellSouth shall give written notice to Interconnector, which notice shall direct Interconnector to cure the violation within twenty-four (24) hours or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. If Interconnector fails to take curative action within 24 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to Interconnector’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector prior to taking such action and shall have no liability to Interconnector for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Appears in 2 contracts

Samples: Agreement, Collocation Agreement

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Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector ITC/\DeltaCom located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorITC/\DeltaCom, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate ITC/\DeltaCom violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorITC/\DeltaCom, which notice shall direct Interconnector ITC/\DeltaCom to cure the violation within twentyforty-four eight (2448) hours of ITC/\DeltaCom's actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If Interconnector ITC/\DeltaCom fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouthBellSouth or any other ITC/\DeltaCom, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to Interconnector’s ITC/\DeltaCom's equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector ITC/\DeltaCom prior to taking such action and shall have no liability to Interconnector ITC/\DeltaCom for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Appears in 2 contracts

Samples: Agreement (Itc Deltacom Inc), Agreement (Itc Deltacom Inc)

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate COMPASS violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorCOMPASS, which notice shall direct Interconnector COMPASS to cure the violation within twentyforty-four eight (2448) hours of COMPASS’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If Interconnector COMPASS fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorCOMPASS’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector COMPASS prior to taking such action and shall have no liability to Interconnector COMPASS for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Appears in 1 contract

Samples: psc.ky.gov

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate OptiLink violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorOptiLink, which notice shall direct Interconnector OptiLink to cure the violation within twenty-four forty- eight (2448) hours of OptiLink’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If Interconnector OptiLink fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorOptiLink’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector OptiLink prior to taking such action and shall have no liability to Interconnector OptiLink for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Appears in 1 contract

Samples: psc.ky.gov

Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector BSIA located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector BSIA violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorBSIA, which notice shall direct Interconnector BSIA to cure the violation within twentyforty-four eight (2448) hours of BSIA’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If Interconnector BSIA fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorBSIA’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector BSIA prior to taking such action and shall have no liability to Interconnector BSIA for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Appears in 1 contract

Samples: Physical Collocation Master Agreement

Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector AXSYS violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorAXSYS, which notice shall direct Interconnector AXSYS to cure the violation within twentyforty-four eight (2448) hours of AXSYS’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If Interconnector AXSYS fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouthBellSouth or any other Interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorAXSYS’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector AXSYS prior to taking such action and shall have no liability to Interconnector AXSYS for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Appears in 1 contract

Samples: Interconnection Agreement

Interference or Impairment. Notwithstanding any other provisions of -------------------------- this AgreementAmendment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate the provisions of this paragraph, BellSouth shall give written notice to Interconnector, which notice shall direct Interconnector to cure the violation within twenty-four (24) hours or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. If Interconnector fails to take curative action within 24 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouth, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to Interconnector’s 's equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector prior to taking such action and shall have no liability to Interconnector for any damages arising from such action, except to the extent that such action by BellSouth constitutes gross negligence or willful misconduct.

Appears in 1 contract

Samples: Collocation Agreement (Itc Deltacom Inc)

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate Adelphia violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorAdelphia, which notice shall direct Interconnector Adelphia to cure the violation within twentyforty-four eight (2448) hours of Xxxxxxxx’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If Interconnector Xxxxxxxx fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorXxxxxxxx’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Adelphia prior to taking such action and shall have no liability to Interconnector Adelphia for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconductmisconduct or gross negligence.

Appears in 1 contract

Samples: psc.ky.gov

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate WinStar violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorWinStar, which notice shall direct Interconnector WinStar to cure the violation within twentyforty-four eight (2448) hours of WinStar’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. If Interconnector After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if WinStar fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorWinStar’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector WinStar prior to taking such action and shall have no liability to Interconnector WinStar for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and WinStar fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to WinStar or, if subsequently necessary, the relevant Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, WinStar shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly- deployed technology.

Appears in 1 contract

Samples: psc.ky.gov

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate BTC violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorBTC, which notice shall direct Interconnector BTC to cure the violation within twentyforty-four eight (2448) hours of BTC’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. If Interconnector After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if BTC fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorBTC’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector BTC prior to taking such action and shall have no liability to Interconnector BTC for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and BTC fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to BTC or, if subsequently necessary, the relevant Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, BTC shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly- deployed technology.

Appears in 1 contract

Samples: psc.ky.gov

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Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or Exhibit 2: Attachment 4-Remote Site Page 14 through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate MTS Communications violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorMTS Communications, which notice shall direct Interconnector MTS Communications to cure the violation within twentyforty-four eight (2448) hours of MTS Communications’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. If Interconnector After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if MTS Communications fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorMTS Communications’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector MTS Communications prior to taking such action and shall have no liability to Interconnector MTS Communications for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and MTS Communications fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to MTS Communications or, if subsequently necessary, the relevant Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, MTS Communications shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology. Exhibit 2: Attachment 4-Remote Site 5.9 Presence of Facilities. Facilities and equipment placed by MTS Communications in the Remote Collocation Space shall not become a part of the Remote Site Location, even if nailed, screwed or otherwise fastened to the Remote Collocation Space but shall retain its status as personality and may be removed by MTS Communications at any time. Any damage caused to the Remote Collocation Space by MTS Communications’s employees, agents or representatives shall be promptly repaired by MTS Communications at its expense.

Appears in 1 contract

Samples: Agreement

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorInterconnector, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate CTSI violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorCTSI, which notice shall direct Interconnector CTSI to cure the violation within twentyforty-four eight (2448) hours of CTSI’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If Interconnector CTSI fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorCTSI’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector CTSI prior to taking such action and shall have no liability to Interconnector CTSI for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Appears in 1 contract

Samples: psc.ky.gov

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate KMC Telecom violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorKMC Telecom, which notice shall direct Interconnector KMC Telecom to cure the violation within twentyforty-four eight (2448) hours of KMC Telecom’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. If Interconnector After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if KMC Telecom fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorKMC Telecom’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector KMC Telecom prior to taking such action and shall have no liability to Interconnector KMC Telecom for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and KMC Telecom fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to KMC Telecom or, if subsequently necessary, the relevantCommission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, KMC Telecom shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly- deployed technology.

Appears in 1 contract

Samples: psc.ky.gov

Interference or Impairment. Notwithstanding any other provisions of this AgreementAttachment, equipment and facilities placed in the Remote Collocation Space shall not significantly degrade, interfere with or impair service provided by BellSouth or by any other interconnector located in the Central OfficeRemote Site Location; shall not endanger or damage the facilities of BellSouth or of any other interconnector, the Remote Collocation Space, or the Central OfficeRemote Site Location; shall not compromise the privacy of any communications carried in, from, or through the Central OfficeRemote Site Location; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector violate Network Telephone violates the provisions of this paragraph, BellSouth shall give written notice to InterconnectorNetwork Telephone, which notice shall direct Interconnector Network Telephone to cure the violation within twentyforty-four eight (2448) hours of Network Telephone’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. If Interconnector After receipt of the notice, the Parties agree to consult immediately and, if necessary, to inspect the arrangement. Except in the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services, if Network Telephone fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or other interference/impairment of the services provided by BellSouthBellSouth or any other interconnector, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorNetwork Telephone’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Network Telephone prior to taking such action and shall have no liability to Interconnector Network Telephone for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct. For purposes of this section, the term significantly degrade shall mean an action that noticeably impairs a service from a user’s perspective. In the case of the deployment of an advanced service which significantly degrades the performance of other advanced services or traditional voice band services and Network Telephone fails to take curative action within 48 hours then BellSouth will establish before the relevant Commission that the technology deployment is causing the significant degradation. Any claims of network harm presented to Network Telephone or, if subsequently necessary, the relevant Commission, must be supported with specific and verifiable information. Where BellSouth demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, Network Telephone shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that is acceptable for deployment under 47 C.F.R. 51.230, the degraded service shall not prevail against the newly-deployed technology.

Appears in 1 contract

Samples: Interconnection Agreement

Interference or Impairment. Notwithstanding any other provisions of this Agreement, equipment and facilities placed in the Collocation Space shall not interfere with or impair service provided by BellSouth or by any other interconnector Interconnector located in the Central Office; shall not endanger or damage the facilities of BellSouth or of any other interconnectorRuddata, the Collocation Space, or the Central Office; shall not compromise the privacy of any communications carried in, from, or through the Central Office; and shall not create an unreasonable risk of injury or death to any individual or to the public. If BellSouth reasonably determines that any equipment or facilities of Interconnector Ruddata violate the provisions of this paragraph, BellSouth shall give written notice to InterconnectorRuddata, which notice shall direct Interconnector Ruddata to cure the violation within twentyforty-four eight (2448) hours of Ruddata’s actual receipt of written notice or, at a minimum, to commence curative measures within 24 hours and to exercise reasonable diligence to complete such measures as soon as possible thereafter. After receipt of the notice, the parties agree to consult immediately and, if necessary, to inspect the arrangement. If Interconnector Ruddata fails to take curative action within 24 48 hours or if the violation is of a character which poses an immediate and substantial threat of damage to property, injury or death to any person, or interference/impairment of the services provided by BellSouthBellSouth or any other Ruddata, then and only in that event BellSouth may take such action as it deems appropriate to correct the violation, including without limitation the interruption of electrical power to InterconnectorRuddata’s equipment. BellSouth will endeavor, but is not required, to provide notice to Interconnector Ruddata prior to taking such action and shall have no liability to Interconnector Ruddata for any damages arising from such action, except to the extent that such action by BellSouth constitutes willful misconduct.

Appears in 1 contract

Samples: Interconnection Agreement

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