Interim Universal Service Support Charge for Wholesale Services Sample Clauses

Interim Universal Service Support Charge for Wholesale Services. Prepaid wishes to resell GTE’s Basic Exchange Residential and Business services. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Prepaid pays the monthly interim universal service support charge set forth in Appendix A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale Basic Local Exchange Residential and Business services at the avoided cost discount rate set forth in Appendix A without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Prepaid agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid will (i) begin paying the monthly interim surcharge in accord with Appendix A, and (ii) make a lump sum payment to GTE of the total interim surcharges retroactive to the effective date of this agreement. 2.2.2 Notwithstanding any provision in this Agreement, GTE may, at its sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC to pay GTE’s interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. 2.2.3 Nothing in this Agreement shall restrict or impair GTE from seeking injunctive relief or any other remedy at any time and in any court regarding GTE’s interim surcharge or the Commission’s rejection or modification of GTE’s interim surcharge.
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Related to Interim Universal Service Support Charge for Wholesale Services

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