Common use of Interim Universal Service Support Charge for Wholesale Services Clause in Contracts

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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid EZ Talk 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 EZ Talk 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 EZ Talk agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid EZ Talk 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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid DTI 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 DTI pays the monthly interim universal service support charge set forth in Appendix 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 DTI agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid DTI 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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid Max-Tel 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 Max-Tel 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 Max-Tel agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid Max-Tel 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 is 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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid If Buy-Tel wishes to resell GTE’s Basic Exchange Residential and Business services. It , 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 Buy-Tel 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 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 Buy-Tel agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid Buy-Tel 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 is sole discretion and at any time, seek injunctive or other relief (i) requiring the CLEC Buy-Tel 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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid NEW PHONE 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 NEW PHONE 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 NEW PHONE agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid will NEW PHONE will (i) begin paying the monthly interim surcharge in accord with Appendix A, and 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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid PHNLK 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 PHNLK 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 PHNLK agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid PHNLK 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 is 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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid 2.2.8.1 EZ-TEL 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 doe not resell GTE’s intraLATA toll service. For this reason, GTE will not resell Basic Exchange Residential or Business services unless Prepaid EZ-TEL 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. . 2.2.8.2 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 2.2.8.2.1 EZ-TEL agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid EZ-TEL 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 2.2.8.2.2 Notwithstanding any provision in this Agreement, GTE may, at its is 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 2.2.8.2.3 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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid QTC 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 QTC pays the monthly interim universal service support charge set forth in Appendix A. C. 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 C without the interim surcharge, but subject to the following terms and conditions: 2.2.1 Prepaid QTC agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid QTC will (i) begin paying the monthly interim surcharge in accord with Appendix AC, 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 is 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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid CDI 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 CDI pays the monthly interim universal service support charge set forth in Appendix A. GTE XXX 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 CDI agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid will CDI 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.

Interim Universal Service Support Charge for Wholesale Services. Prepaid PCS 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 PCS 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 PCS agrees that within thirty (30) days after the effective date of a Commission or court order affirming GTE’s interim surcharge, Prepaid PCS 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, except that if the body that is reviewing the interim surcharges establishes a later date or makes no provision for retroactivity, then that body’s determination as to retroactivity or decision not to provide for retroactivity shall apply, subject to all appeals. For purposes of the preceding sentence, the Commission or court order affirming GTE’s interim surcharge is one that derives from a generic proceeding and not one derived from a proceeding between GTE and a single CLEC other than PCS. 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.