Common use of Introduction – Access to Network Elements Clause in Contracts

Introduction – Access to Network Elements. This Article IX, Unbundled Access – Section 251(c)(3), sets forth the terms and conditions pursuant to which SBC- AMERITECH agrees to furnish CLEC with access to Network Elements on an unbundled basis (“UNEs”) and the terms to which SBC-AMERITECH agrees to provide Combinations of Network Elements (“UNE Combinations or Combinations”). CLEC, in seeking to provide local exchange service to End Users through the use of multiple SBC- AMERITECH UNEs, may combine UNEs and order combinations of UNEs from SBC- AMERITECH. Where the UNEs are ordered separately, CLEC is responsible for performing the functions necessary to combine the UNEs it requests from SBC- AMERITECH. Where those UNEs are ordered in a combination, as specified in this Article IX, SBC-AMERITECH is responsible for combining those UNEs. CLEC shall not combine Unbundled Network Elements in a manner that will impair the ability of other Telecommunications Carriers to obtain access to Unbundled Network Elements or to interconnect with SBC-AMERITECH’s network. The Parties agree that throughout this Article (and Agreement), the terms “UNEs” and “Unbundled Network Elements” also refer to combinations of UNEs as defined in this Section 9.1 (either combined by CLEC, as connected in SBC-AMERITECH’s network for an existing service, or as typically combined by SBC-AMERITECH in its provision of service to its customers). 9.1.1 SBC-AMERITECH shall provide CLEC access to SBC- AMERITECH's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. SBC-AMERITECH shall provide CLEC the Network Elements on an unbundled basis and Combinations of unbundled Network Elements, in accordance with its obligations as required by the Act, the applicable FCC rules and other Orders and applicable laws. The specific terms and conditions that apply to the unbundled Network Elements to be provided on an unbundled basis and Combinations are described below and in the Schedules attached hereto. Prices for Unbundled Network Elements and each Combination are set forth in the Pricing Schedule of this Agreement. 9.1.2 SBC-AMERITECH shall price each unbundled Network Element separately, and shall offer each unbundled Network Element individually, and in any technically feasible combination, as described in Section 9.1, above. In no event shall SBC-AMERITECH require CLEC to purchase any unbundled Network Element in conjunction with any other service or element. SBC-AMERITECH shall place no use restrictions or other limiting conditions on Network Elements and Combinations purchased by CLEC under the terms of this Agreement, except that CLEC may not use an unbundled network element in combination with a tariffed service element to the extent prohibited by the FCC. Notwithstanding anything to the contrary in this Article IX, SBC-AMERITECH shall not be required to provide Network Elements on an unbundled basis beyond those identified in 47 C.F.R. § 51.319 to CLEC if:

Introduction – Access to Network Elements. This Article IX, Unbundled Access – Section 251(c)(3), sets forth the terms and conditions pursuant to which SBC- AMERITECH agrees to furnish CLEC with access to Network Elements on an unbundled basis (“UNEs”) and the terms to which SBC-AMERITECH agrees to provide Combinations of Network Elements (“UNE Combinations or Combinations”). CLEC, in seeking to provide local exchange service to End Users through the use of multiple SBC- AMERITECH UNEs, may combine UNEs and order combinations of UNEs from SBC- AMERITECH. Where the UNEs are ordered separately, CLEC is responsible for performing the functions necessary to combine the UNEs it requests from SBC- AMERITECH. Where those UNEs are ordered in a combination, as specified in this Article IX, SBC-AMERITECH is responsible for combining those UNEs. CLEC shall not combine Unbundled Network Elements in a manner that will impair the ability of other Telecommunications Carriers to obtain access to Unbundled Network Elements or to interconnect with SBC-AMERITECH’s network. The Parties agree that throughout this Article (and Agreement), the terms “UNEs” and “Unbundled Network Elements” also refer to combinations of UNEs as defined in this Section 9.1 (either combined by CLEC, as connected in SBC-AMERITECH’s network for an existing service, or as typically combined by SBC-AMERITECH in its provision of service to its customers). 9.1.1 SBC-AMERITECH shall provide CLEC access to SBC- AMERITECH's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. SBC-AMERITECH shall provide CLEC the Network Elements on an unbundled basis and Combinations of unbundled Network Elements, in accordance with its obligations as required by the Act, the applicable FCC rules and other Orders and applicable laws. The specific terms and conditions that apply to the unbundled Network Elements to be provided on an unbundled basis and Combinations are described below and in the Schedules attached hereto. Prices for Unbundled Network Elements and each Combination are set forth in the Pricing Schedule of this Agreement. 9.1.2 SBC-AMERITECH shall price each unbundled Network Element separately, and shall offer each unbundled Network Element individually, and in any technically feasible combination, as described in Section 9.1, above. In no event shall SBC-AMERITECH require CLEC to purchase any unbundled Network Element in conjunction with any other service or element. SBC-AMERITECH shall place no use restrictions or other limiting conditions on Network Elements and Combinations purchased by CLEC under the terms of this Agreement, except that CLEC may not use an unbundled network element in combination with a tariffed service element to the extent prohibited by the FCC. Notwithstanding anything to the contrary in this Article IX, SBC-AMERITECH shall not be required to provide Network Elements on an unbundled basis beyond those identified in 47 C.F.R. § 51.319 to CLEC if:

Introduction – Access to Network Elements. This Article IX, Unbundled Access – Section 251(c)(3), sets forth the terms and conditions pursuant to which SBC- AMERITECH agrees to furnish CLEC with access to Network Elements on an unbundled basis (“UNEs”) and the terms to which SBC-AMERITECH agrees to provide Combinations of Network Elements (“UNE Combinations or Combinations”). CLEC, in seeking to provide local exchange service to End Users through the use of multiple SBC- AMERITECH UNEs, may combine UNEs and order combinations of UNEs from SBC- AMERITECH. Where the UNEs are ordered separately, CLEC is responsible for performing the functions necessary to combine the UNEs it requests from SBC- AMERITECH. Where those UNEs are ordered in a combination, as specified in this Article IX, SBC-AMERITECH is responsible for combining those UNEs. CLEC shall not combine comb ine Unbundled Network Elements in a manner that will impair the ability of other Telecommunications Carriers to obtain access to Unbundled Network Elements or to interconnect with SBC-AMERITECH’s network. The Parties agree that throughout this Article (and Agreement), the terms “UNEs” and “Unbundled Network Elements” also refer to combinations of UNEs as defined in this Section 9.1 (either combined by CLEC, as connected in SBC-AMERITECH’s network for an existing service, or as typically combined by SBC-AMERITECH in its provision of service to its customers). 9.1.1 SBC-AMERITECH shall provide CLEC access to SBC- AMERITECH's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. SBC-AMERITECH shall provide CLEC the Network Elements on an unbundled basis and Combinations of unbundled Network Elements, in accordance with its obligations as required by the Act, the applicable FCC rules and other Orders and applicable laws. The specific terms and conditions that apply to the unbundled Network Elements to be provided on an unbundled basis and Combinations are described below and in the Schedules attached hereto. Prices for Unbundled Network Elements Element s and each Combination are set forth in the Pricing Schedule of this Agreement. 9.1.2 SBC-AMERITECH shall price each unbundled Network Element separately, and shall offer each unbundled Network Element individually, and in any technically feasible combination, as described in Section 9.1, above. In no event shall SBC-AMERITECH require CLEC to purchase any unbundled Network Element in conjunction with any other service or element. SBC-AMERITECH shall place no use restrictions or other limiting conditions on Network Elements and Combinations purchased by CLEC under the terms of this Agreement, except that CLEC may not use an unbundled network element in combination with a tariffed service element to the extent prohibited by the FCC. Notwithstanding anything to the contrary in this Article IX, SBC-AMERITECH shall not be required to provide Network Elements on an unbundled basis beyond those identified in 47 C.F.R. § 51.319 to CLEC if:

Introduction – Access to Network Elements. This Article IX, Unbundled Access – Section 251(c)(3), sets forth the terms and conditions pursuant to which SBC- AMERITECH agrees to furnish CLEC with access to Network Elements on an unbundled basis (“UNEs”) and the terms to which SBC-AMERITECH agrees to provide Combinations of Network Elements (“UNE Combinations or Combinations”). CLEC, in seeking to provide local exchange service to End Users through the use of multiple SBC- SBC-AMERITECH UNEs, may combine UNEs and order combinations of UNEs from SBC- SBC-AMERITECH. Where the UNEs are ordered separately, CLEC is responsible for performing the functions necessary to combine the UNEs it requests from SBC- SBC-AMERITECH. Where those UNEs are ordered in a combination, as specified in this Article IX, SBC-AMERITECH is responsible for combining those UNEs. CLEC shall not combine Unbundled Network Elements in a manner that will impair the ability of other Telecommunications Carriers to obtain access to Unbundled Network Elements or to interconnect with SBC-AMERITECH’s network. The Parties agree that throughout this Article (and Agreement), the terms “UNEs” and “Unbundled Network Elements” also refer to combinations of UNEs as defined in this Section 9.1 (either combined by CLEC, as connected in SBC-AMERITECH’s network for an existing service, or as typically combined by SBC-AMERITECH in its provision of service to its customers). 9.1.1 SBC-AMERITECH shall provide CLEC access to SBC- SBC-AMERITECH's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. SBC-AMERITECH shall provide CLEC the Network Elements on an unbundled basis and Combinations of unbundled Network Elements, in accordance with its obligations as required by the Act, the applicable FCC rules and other Orders and applicable laws. The specific terms and conditions that apply to the unbundled Network Elements to be provided on an unbundled basis and Combinations are described below and in the Schedules attached hereto. Prices for Unbundled Network Elements and each Combination are set forth in the Pricing Schedule of this Agreement. 9.1.2 SBC-AMERITECH shall price each unbundled Network Element separately, and shall offer each unbundled Network Element individually, and in any technically feasible combination, as described in Section 9.1, above. In no event shall SBC-SBC- AMERITECH require CLEC to purchase any unbundled Network Element in conjunction with any other service or element. SBC-AMERITECH shall place no use restrictions or other limiting conditions on Network Elements and Combinations purchased by CLEC under the terms of this Agreement, except that CLEC may not use an unbundled network element in combination with a tariffed service element to the extent prohibited by the FCC. Notwithstanding anything to the contrary in this Article IX, SBC-AMERITECH shall not be required to provide Network Elements on an unbundled basis beyond those identified in 47 C.F.R. § 51.319 to CLEC if: (1) The Commission concludes that: (A) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC on an unbundled basis; and (B) CLEC could offer the same proposed Telecommunications Service through the use of other, nonproprietary Network Elements within SBC-AMERITECH's network; or (2) The Commission concludes that the failure of SBC-AMERITECH to provide access to such Network Element would not decrease the quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC seeks to offer, compared with providing that service over other unbundled Network Elements in SBC- AMERITECH's network. 9.1.3 SBC-AMERITECH and CLEC shall connect CLEC’s facilities with SBC-AMERITECH’s network at any technically feasible point for access to UNEs for the provision by CLEC of a Telecommunications Service consistent with the provisions of the Act and the applicable FCC rules.

Introduction – Access to Network Elements. This Article IX, Unbundled Access – Section 251(c)(3), sets forth the terms and conditions pursuant to which SBC- AMERITECH agrees to furnish CLEC with access to Network Elements on an unbundled basis (“UNEs”) and the terms to which SBC-AMERITECH agrees to provide Combinations of Network Elements (“UNE Combinations or Combinations”). CLEC, in seeking to provide local exchange service to End Users through the use of multiple SBC- SBC-AMERITECH UNEs, may combine UNEs and order combinations of UNEs from SBC- SBC-AMERITECH. Where the UNEs are ordered separately, CLEC is responsible for performing the functions necessary to combine the UNEs it requests from SBC- SBC-AMERITECH. Where those UNEs are ordered in a combination, as specified in this Article IX, SBC-AMERITECH is responsible for combining those UNEs. CLEC shall not combine Unbundled Network Elements in a manner that will impair the ability of other Telecommunications Carriers to obtain access to Unbundled Network Elements or to interconnect with SBC-AMERITECH’s network. The Parties agree that throughout this Article (and Agreement), the terms “UNEs” and “Unbundled Network Elements” also refer to combinations of UNEs as defined in this Section 9.1 (either combined by CLEC, as connected in SBC-AMERITECH’s network for an existing service, or as typically combined by SBC-AMERITECH in its provision of service to its customers). 9.1.1 SBC-AMERITECH shall provide CLEC access to SBC- SBC-AMERITECH's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. SBC-AMERITECH shall provide CLEC the Network Elements on an unbundled basis and Combinations of unbundled Network Elements, in accordance with its obligations as required by the Act, the applicable FCC rules and other Orders and applicable laws. The specific terms and conditions that apply to the unbundled Network Elements to be provided on an unbundled basis and Combinations are described below and in the Schedules attached hereto. Prices for Unbundled Network Elements and each Combination are set forth in the Pricing Schedule of this Agreement. 9.1.2 SBC-AMERITECH shall price each unbundled Network Element separately, and shall offer each unbundled Network Element individually, and in any technically feasible combination, as described in Section 9.1, above. In no event shall SBC-SBC- AMERITECH require CLEC to purchase any unbundled Network Element in conjunction with any other service or element. SBC-AMERITECH shall place no use restrictions or other limiting conditions on Network Elements and Combinations purchased by CLEC under the terms of this Agreement, except that CLEC may not use an unbundled network element in combination with a tariffed service element to the extent prohibited by the FCC. Notwithstanding anything to the contrary in this Article IX, SBC-AMERITECH shall not be required to provide Network Elements on an unbundled basis beyond those identified in 47 C.F.R. § 51.319 to CLEC if: (1) The Commission concludes that:

Introduction – Access to Network Elements. This Article IX, Unbundled Access – Section 251(c)(3), sets forth the terms and conditions pursuant to which SBC- AMERITECH SBC agrees to furnish CLEC with access to Network Elements on an unbundled basis (“UNEs”) and the terms to which SBC-AMERITECH SBC agrees to provide Combinations of Network Elements (“UNE Combinations or Combinations”). CLEC, in seeking to provide local exchange service to End Users through the use of multiple SBC- AMERITECH SBC UNEs, may combine UNEs and order combinations of UNEs from SBC- AMERITECHSBC. Where the UNEs are ordered separately, CLEC is responsible for performing the functions necessary to combine the UNEs it requests from SBC- AMERITECHSBC. Where those UNEs are ordered in a combination, as specified in this Article IX, SBC-AMERITECH SBC is responsible for combining those UNEs. CLEC shall not combine Unbundled Network Elements in a manner that will impair the ability of other Telecommunications Carriers to obtain access to Unbundled Network Elements or to interconnect with SBC-AMERITECH’s network. The Parties agree that throughout this Article (and Agreement), the terms “UNEs” and “Unbundled Network Elements” also refer to combinations of UNEs as defined in this Section 9.1 (either combined by CLEC, as connected in SBC-AMERITECH’s network for an existing service, or as typically combined by SBC-AMERITECH SBC in its provision of service to its customers). 9.1.1 SBC-AMERITECH SBC shall provide CLEC access to SBC- AMERITECHSBC's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. SBC-AMERITECH SBC shall provide CLEC the Network Elements on an unbundled basis and Combinations of unbundled Network Elements, in accordance with its obligations as required by the Act, the applicable FCC rules and other Orders and applicable laws. The specific terms and conditions that apply to the unbundled Network Elements to be provided on an unbundled basis and Combinations are described below and in the Schedules attached hereto. Prices for Unbundled Network Elements and each Combination are set forth in the Pricing Schedule of this Agreement. 9.1.2 SBC-AMERITECH SBC shall price each unbundled Network Element separately, and shall offer each unbundled Network Element individually, and in any technically feasible combination, as described in Section 9.1, above. In no event shall SBC-AMERITECH SBC require CLEC to purchase any unbundled Network Element in conjunction with any other service or element. SBC-AMERITECH SBC shall place no use restrictions or other limiting conditions on Network Elements and Combinations purchased by CLEC under the terms of this Agreement, except that CLEC may not use an unbundled network element in combination with a tariffed service element to the extent prohibited by the FCC. Notwithstanding anything to the contrary in this Article IX, SBC-AMERITECH SBC shall not be required to provide Network Elements on an unbundled basis beyond those identified in 47 C.F.R. § 51.319 to CLEC if: (1) The Commission concludes that:

Introduction – Access to Network Elements. This Article IX, Unbundled Access – Section 251(c)(3), sets forth the terms and conditions pursuant to which SBC- AMERITECH agrees to furnish CLEC AT&T with access to Network Elements on an unbundled basis (“UNEs”) and the terms to which SBC-AMERITECH agrees to provide Combinations of Network Elements (“UNE Combinations Combinations” or “Combinations”). CLEC, in seeking to provide local exchange service to End Users through the use of multiple SBC- AMERITECH UNEs, may combine UNEs The terms and order combinations of UNEs from SBC- AMERITECH. Where the UNEs are ordered separately, CLEC is responsible for performing the functions necessary to combine the UNEs it requests from SBC- AMERITECH. Where those UNEs are ordered in a combination, as specified conditions included in this Article IXIX and its associated schedules related to Combinations are the result of an arbitration proceeding between the parties before the Michigan Public Service Commission (Case No. U-12465). Accordingly, SBC-AMERITECH the Parties agree that this Article IX and its associated schedules should be interpreted consistently with the MPSC’s applicable orders in that proceeding, subject to this Agreement’s provisions related to Intervening Law (Article XXIX). This acknowledgement by the Parties is responsible for combining those UNEsnot intended to limit, in any way, either Party’s ability to argue that the MPSC’s orders in Case No. CLEC U-12465 should be applied to other sections of this Agreement besides Article IX and its associated Schedules. Pursuant to the MPSC’s orders, the Parties have attached to this Agreement an “Mi2A Amendment to the Interconnection Agreement under Section 271 of the Telecommunications Act of 1996 (Mi2A Amendment)” previously executed by the Parties, in relation to their April 4, 1997 interconnection agreement (“Previous Agreement”). Notwithstanding any provision of the Mi2A Amendment, the Previous Agreement has been terminated and is no longer in effect and, pursuant to Section 4.2 of the Mi2A Amendment, the initial and extension term(s) of the Mi2A Amendment will apply to this Agreement, which is a successor agreement, without extending the term of this Agreement if it terminates during the initial or extension term(s) of the Mi2A Amendment. AT&T shall not combine Unbundled unbundled Network Elements in a manner that will impair the ability of other Telecommunications Carriers to obtain access to Unbundled unbundled Network Elements or to interconnect with SBC-AMERITECH’s network. The Parties agree that throughout this Article (and Agreement), the terms “UNEs” and “Unbundled Network Elements” also refer to combinations of UNEs as defined in this Section 9.1 (either combined by CLEC, as connected in SBC-AMERITECH’s network for an existing service, or as typically combined by SBC-AMERITECH in its provision of service to its customers). 9.1.1 SBC-AMERITECH shall provide CLEC access to SBC- AMERITECH's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. SBC-AMERITECH shall provide CLEC the Network Elements on an unbundled basis and Combinations of unbundled Network Elements, in accordance with its obligations as required by the Act, the applicable FCC rules and other Orders and applicable laws. The specific terms and conditions that apply to the unbundled Network Elements to be provided on an unbundled basis and Combinations are described below and in the Schedules attached hereto. Prices for Unbundled Network Elements and each Combination are set forth in the Pricing Schedule of this Agreement. 9.1.2 SBC-AMERITECH shall price each unbundled Network Element separately, and shall offer each unbundled Network Element individually, and in any technically feasible combination, as described in Section 9.1, above. In no event shall SBC-AMERITECH require CLEC to purchase any unbundled Network Element in conjunction with any other service or element. SBC-AMERITECH shall place no use restrictions or other limiting conditions on Network Elements and Combinations purchased by CLEC under the terms of this Agreement, except that CLEC may not use an unbundled network element in combination with a tariffed service element to the extent prohibited by the FCC. Notwithstanding anything to the contrary in this Article IX, SBC-AMERITECH shall not be required to provide Network Elements on an unbundled basis beyond those identified in 47 C.F.R. § 51.319 to CLEC if:

Introduction – Access to Network Elements. This Article IX, Unbundled Access – Section 251(c)(3), sets forth the terms and conditions pursuant to which SBC- AMERITECH agrees to furnish CLEC with access to Network Elements on an unbundled basis (“UNEs”) and the terms to which SBC-AMERITECH agrees to provide Combinations of Network Elements (“UNE Combinations or Combinations”). CLEC, in seeking to provide local exchange service to End Users through the use of multiple SBC- AMERITECH UNEs, may combine UNEs and order combinations of UNEs from SBC- AMERITECH. Where the UNEs are ordered separately, CLEC is responsible for performing the functions necessary to combine the UNEs it requests from SBC- AMERITECH. Where those UNEs are ordered in a combination, as specified in this Article IX, SBC-AMERITECH is responsible for combining those UNEs. CLEC shall not combine Unbundled Network Elements in a manner that will impair the ability of other Telecommunications Carriers to obtain access to Unbundled Network Elements or to interconnect with SBC-AMERITECH’s network. The Parties agree that throughout this Article (and Agreement), the terms “UNEs” and “Unbundled Network Elements” also refer to combinations of UNEs as defined in this Section 9.1 (either combined by CLEC, as connected in SBC-AMERITECH’s network for an existing service, or as typically combined by SBC-AMERITECH in its provision of service to its customers). 9.1.1 SBC-AMERITECH shall provide CLEC access to SBC- AMERITECH's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX and the requirements of the Act. SBC-AMERITECH shall provide CLEC the Network Elements on an unbundled basis and Combinations of unbundled Network Elements, in accordance with its obligations as required by the Act, the applicable FCC rules and other Orders and applicable laws. The specific terms and conditions that apply to the unbundled Network Elements to be provided on an unbundled basis and Combinations are described below and in the Schedules attached hereto. Prices for Unbundled Network Elements and each Combination are set forth in the Pricing Schedule of this Agreement. 9.1.2 SBC-AMERITECH shall price each unbundled Network Element separately, and shall offer each unbundled Network Element individually, and in any technically feasible combination, as described in Section 9.1, above. In no event shall SBC-AMERITECH require CLEC to purchase any unbundled Network Element in conjunction with any other service or element. SBC-AMERITECH shall place no use restrictions or other limiting conditions on Network Elements and Combinations purchased by CLEC under the terms of this Agreement, except that CLEC may not use an unbundled network element in combination with a tariffed service element to the extent prohibited by the FCC. Notwithstanding anything to the contrary in this Article IX, SBC-AMERITECH shall not be required to provide Network Elements on an unbundled basis beyond those identified in 47 C.F.R. § 51.319 to CLEC if: (1) The Commission concludes that: (A) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC on an unbundled basis; and (B) CLEC could offer the same proposed Telecommunications Service through the use of other, nonproprietary Network Elements within SBC-AMERITECH's network; or (2) The Commission concludes that the failure of SBC-AMERITECH to provide access to such Network Element would not decrease the quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC seeks to offer, compared with providing that service over other unbundled Network Elements in SBC-AMERITECH's network. 9.1.3 SBC-AMERITECH and CLEC shall connect CLEC’s facilities with SBC-AMERITECH’s network at any technically feasible point for access to UNEs for the provision by CLEC of a Telecommunications Service consistent with the provisions of the Act and the applicable FCC rules.