LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers. 43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI. 43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer. 43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii). 43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User. 43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface. 43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes. 43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise. 43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 23 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 46.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 46.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the End User.
43.3 46.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 46.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 46.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 46.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 46.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three thirty (330) Days of a written request for such documents. Failure to produce proper documentation within three thirty (330) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach fails to provide proper documentation of these requirements on multiple occasionspermission obtained from prospective subscribers for at least ninety five percent (95%) of subscribers whose CPNI has been obtained from the other Party, and if such failure continues for over sixty (60) Days after written notice of the breach, then as an alternative to terminating this Agreement pursuant to Section 7.6 for an uncured Default, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 7.6 if an ongoing Default is not substantially rectified within the applicable timeframessixty (60) Days written notice.
43.8 46.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 that the sixty (60) Day waiting period for filing a Complaint under Section 16.2.4 shall not apply to any claims concerning unauthorized changes in preferred carrierssuch disputes. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 46.6 unless the Commission determines otherwise.
43.9 46.9 The cure period in Section 7.7 for material Defaults shall not affect either Party’s obligation to comply with the requirements of 47 C.F.R. §64.1150 to give timely notice to the Commission and other carriers of any unauthorized carrier change, to remove any unpaid charges, and to submit proper documentation to the relevant governmental agency within thirty (30) Days.
46.10 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 8 contracts
Samples: Resale Agreement, Resale Agreement, Resale Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 45.1 To the extent the Party CLEC has not previously done so, the Party CLEC shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User authorization to the other Party before viewing or using the CPNI.
43.2 45.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the End User.
43.3 45.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 45.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User45.5 When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release CPNI as incorporated in the Standard Practices or otherwise approved in advance by CenturyLink, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring will not require CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders.
45.5.1 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI without requiring XXXX to produce a signed LOA, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it subscriber has obtained authorization from each such prospective End User authorized XXXX to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 45.5.2 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, 45.5.3 If a Party may request verification requests CPNI of a prospective subscriber authorizations. Documentation from the other Party, the other Party shall provide access to that subscriber’s CPNI without requiring the requesting Party to produce a Party is required signed LOA, subject to maintain under applicable rules, orders, and decisions, and based on the requesting Party’s blanket representation that it has obtained a proper authorization from the prospective subscriber to obtain such CPNI.
45.5.4 The cure period in Section 7.7 for material defaults shall not affect either Party’s obligation to comply with the requirements of 47 C.F.R. §64.1120 shall be made available 64.1150 to give timely notice to the Commission and other Party within three (3) Days carriers of a written request for such documents. Failure any unauthorized carrier change, to produce remove any unpaid charges, and to submit proper documentation to the relevant governmental agency within three thirty (330) Days of such request shall be considered a material breach of this Agreement. Days.
45.6 If a Party is in breach fails to provide proper documentation of these requirements on multiple occasionspermission obtained from prospective subscribers for at least ninety five percent (95%) of subscribers whose CPNI has been obtained from the other Party, and if such failure continues for over sixty(60) Days after written notice of the breach, then as an alternative to terminating this Agreement pursuant to Section 7.6 for an uncured default, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 7.6 if an ongoing Default default is not substantially rectified within the applicable timeframessixty (60) Days written notice.
43.8 45.7 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 that the sixty (60) Day waiting period for filing a Complaint under Section 16.2.4 shall not apply to any claims concerning unauthorized changes in preferred carrierssuch disputes. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 46.6 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, 45.8 CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 7 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three thirty (330) Days of a written request for such documents. Failure to produce proper documentation within three thirty (330) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 5 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 45.1 To the extent the Party CLEC has not previously done so, the Party CLEC shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User authorization to the other Party before viewing or using the CPNI.
43.2 45.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the End User.
43.3 45.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 45.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User45.5 When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release CPNI as incorporated in the Standard Practices or otherwise approved in advance by CenturyLink, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring will not require CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders.
45.5.1 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI without requiring CLEC to produce a signed LOA, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it subscriber has obtained authorization from each such prospective End User authorized CLEC to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 45.5.2 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, 45.5.3 If a Party may request verification requests CPNI of a prospective subscriber authorizations. Documentation from the other Party, the other Party shall provide access to that subscriber’s CPNI without requiring the requesting Party to produce a Party is required signed LOA, subject to maintain under applicable rules, orders, and decisions, and based on the requesting Party’s blanket representation that it has obtained a proper authorization from the prospective subscriber to obtain such CPNI.
45.5.4 The cure period in Section 7.7 for material defaults shall not affect either Party’s obligation to comply with the requirements of 47 C.F.R. §64.1120 shall be made available 64.1150 to give timely notice to the Commission and other Party within three (3) Days carriers of a written request for such documents. Failure any unauthorized carrier change, to produce remove any unpaid charges, and to submit proper documentation to the relevant governmental agency within three thirty (330) Days of such request shall be considered a material breach of this Agreement. Days.
45.6 If a Party is in breach fails to provide proper documentation of these requirements on multiple occasionspermission obtained from prospective subscribers for at least ninety five percent (95%) of subscribers whose CPNI has been obtained from the other Party, and if such failure continues for over sixty(60) Days after written notice of the breach, then as an alternative to terminating this Agreement pursuant to Section 7.6 for an uncured default, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 7.6 if an ongoing Default default is not substantially rectified within the applicable timeframessixty (60) Days written notice.
43.8 45.7 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 that the sixty (60) Day waiting period for filing a Complaint under Section 16.2.4 shall not apply to any claims concerning unauthorized changes in preferred carrierssuch disputes. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 46.6 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, 45.8 CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 5 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has Parties have not previously done so, the Party Charter and CenturyTel shall each execute a mutually agreed upon blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, CPNI prior to a request to change service providers. Under the blanket LOA, a Party authorized by the End User Customer to view or use its CPNI need not provide proof of End User Customer authorization to the other Party before viewing or using the CPNI. Notwithstanding any other provision of this Agreement, the Parties’ negotiations over the terms of a mutually agreeable blanket letter of authorization shall not delay, impede, or interrupt the provision of number portability by either Party.
43.2 29.1.1 Each Party’s access to CPNI of another Partycarrier’s End User Customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the End User Customer.
43.3 29.1.2 The requesting Party must maintain records of all End User Customer authorizations to change service providers or release of CPNI in compliance with State and federal law.
29.1.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of proximately caused by the requesting Party’s failure to obtain proper CPNI authorization from a customeran End User Customer.
43.4 The requesting 29.1.4 When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to release CPNI neither Party must maintain records of all customer authorizations will require the other Party to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders. However, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Agreement if either Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until submits an order to change service providers or release CPNI where such failures have been substantially rectified and the Defaulting Party has provided adequate assurances not yet obtained appropriate authorization to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching change service providers or release CPNI from the End User back to the original LECCustomer.
Appears in 4 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 46.1 To the extent the Party has Parties have not previously done so, the Party CLEC and CenturyLink shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User authorization to the other Party before viewing or using the CPNI.
43.2 46.2 Each Party’s access to CPNI of another Partyxxxxxxx’s End User customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from a customer.
43.3 46.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 46.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC 46.5 Until a blanket LOA has been executed, a Party wishing to view End UserUser CPNI of the other Party must, CenturyLink shall upon request provide CLEC with access written proof of End User authorization to that subscriber’s the other Party before viewing or using the CPNI. However when a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release CPNI and Customer Service Records as incorporated in the Standard Practices or otherwise approved in advance by CenturyLink, neither Party will require the other Party to submit an individual LOA or Third Party Verification (CSRsTPV) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section It shall be reciprocal for any prospective CenturyLink End Userconsidered a material breach of this Agreement if either Party submits an order to change service providers or release CPNI that has not been obtained from the customer.
43.6 1 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In 2 The cure period in Section 7.6 for material defaults shall not affect either Party’s obligation to comply with the event a subscriber complains or other reasonable grounds exist, a Party may request verification requirements of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available 64.1150 to give timely notice to the Commission and other Party within three (3) Days carriers of a written request for such documents. Failure any unauthorized carrier change, to produce remove any unpaid charges, and to submit proper documentation to the relevant governmental agency within three thirty (330) Days of such request shall be considered a material breach of this Agreement. Days.
46.6 If a Party is in breach fails to provide proper documentation of these requirements on multiple occasionspermission obtained from prospective subscribers for at least ninety five percent (95%) of subscribers whose CPNI has been obtained from the other Party, and if such failure continues for over sixty(60) Days after written notice of the breach, then as an alternative to terminating this Agreement pursuant to Section 7.6 for an uncured default, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 7.6 if an ongoing Default default is not substantially rectified within the applicable timeframessixty (60) Days written notice.
43.8 46.7 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 that the sixty (60) Day waiting period for filing a Complaint under Section 16.2.4 shall not apply to any claims concerning unauthorized changes in preferred carrierssuch disputes. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 46.6 unless the Commission determines otherwise.
43.9 In the case 46.8 A Party that has submitted an invalid subscriber authorization shall be billed a charge of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink the other Party for switching the End User back to the original LEC.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 45.1 To the extent the Party CLEC has not previously done so, the Party CLEC shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User authorization to the other Party before viewing or using the CPNI.
43.2 45.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the End User.
43.3 45.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 45.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User45.5 When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release CPNI as incorporated in the Standard Practices or otherwise approved in advance by CenturyLink, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring will not require CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders.
45.5.1 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI without requiring CLEC to produce a signed LOA, subject to applicable rules, orders, and decisions, and based on CLECXXXX’s blanket representation under the LOA that it subscriber has obtained authorization from each such prospective End User authorized CLEC to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 45.5.2 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, 45.5.3 If a Party may request verification requests CPNI of a prospective subscriber authorizations. Documentation from the other Party, the other Party shall provide access to that subscriber’s CPNI without requiring the requesting Party to produce a Party is required signed XXX, subject to maintain under applicable rules, orders, and decisions, and based on the requesting Party’s blanket representation that it has obtained a proper authorization from the prospective subscriber to obtain such CPNI.
45.5.4 The cure period in Section 7.7 for material defaults shall not affect either Party’s obligation to comply with the requirements of 47 C.F.R. §64.1120 shall be made available 64.1150 to give timely notice to the Commission and other Party within three (3) Days carriers of a written request for such documents. Failure any unauthorized carrier change, to produce remove any unpaid charges, and to submit proper documentation to the relevant governmental agency within three thirty (330) Days of such request shall be considered a material breach of this Agreement. Days.
45.6 If a Party is in breach fails to provide proper documentation of these requirements on multiple occasionspermission obtained from prospective subscribers for at least ninety five percent (95%) of subscribers whose CPNI has been obtained from the other Party, and if such failure continues for over sixty(60) Days after written notice of the breach, then as an alternative to terminating this Agreement pursuant to Section 7.6 for an uncured default, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 7.6 if an ongoing Default default is not substantially rectified within the applicable timeframessixty (60) Days written notice.
43.8 45.7 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 that the sixty (60) Day waiting period for filing a Complaint under Section 16.2.4 shall not apply to any claims concerning unauthorized changes in preferred carrierssuch disputes. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 46.6 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, 45.8 CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 46.1 To the extent the Party has Parties have not previously done so, the Party CLEC and CenturyLink shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User authorization to the other Party before viewing or using the CPNI.
43.2 46.2 Each Party’s access to CPNI of another Partycarrier’s End User customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from a customer.
43.3 46.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 46.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC 46.5 Until a blanket LOA has been executed, a Party wishing to view End UserUser CPNI of the other Party must, CenturyLink shall upon request provide CLEC with access written proof of End User authorization to that subscriber’s the other Party before viewing or using the CPNI. However when a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release CPNI and Customer Service Records as incorporated in the Standard Practices or otherwise approved in advance by CenturyLink, neither Party will require the other Party to submit an individual LOA or Third Party Verification (CSRsTPV) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section It shall be reciprocal for any prospective CenturyLink End Userconsidered a material breach of this Agreement if either Party submits an order to change service providers or release CPNI that has not been obtained from the customer.
43.6 1 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In 2 The cure period in Section 7.6 for material defaults shall not affect either Party’s obligation to comply with the event a subscriber complains or other reasonable grounds exist, a Party may request verification requirements of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available 64.1150 to give timely notice to the Commission and other Party within three (3) Days carriers of a written request for such documents. Failure any unauthorized carrier change, to produce remove any unpaid charges, and to submit proper documentation to the relevant governmental agency within three thirty (330) Days of such request shall be considered a material breach of this Agreement. Days.
46.6 If a Party is in breach fails to provide proper documentation of these requirements on multiple occasionspermission obtained from prospective subscribers for at least ninety five percent (95%) of subscribers whose CPNI has been obtained from the other Party, and if such failure continues for over sixty(60) Days after written notice of the breach, then as an alternative to terminating this Agreement pursuant to Section 7.6 for an uncured default, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 7.6 if an ongoing Default default is not substantially rectified within the applicable timeframessixty (60) Days written notice.
43.8 46.7 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 that the sixty (60) Day waiting period for filing a Complaint under Section 16.2.4 shall not apply to any claims concerning unauthorized changes in preferred carrierssuch disputes. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 46.6 unless the Commission determines otherwise.
43.9 In the case 46.8 A Party that has submitted an invalid subscriber authorization shall be billed a charge of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink the other Party for switching the End User back to the original LEC.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has Parties have not previously done so, the Party QuantumShift and CenturyLink shall each execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, CPNI prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User Customer authorization to the other Party before viewing or using the CPNI.
43.2 29.1.1 Each Party’s access to CPNI of another Partycarrier’s End User customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the customer.
43.3 29.1.2 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law.
29.1.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations 29.1.4 When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release of CPNI as documented in compliance with State and federal law. Such documentation shall be kept the CenturyLink Service Guide or otherwise approved in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End Useradvance by CenturyLink, CenturyLink shall provide CLEC with access will not require QuantumShift to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders. However, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this AgreementAgreement if QuantumShift submits an order to change service providers or release CPNI where QuantumShift has not yet obtained appropriate authorization to change service providers or release CPNI from the customer. If Until a blanket LOA has been executed, a Party is in breach wishing to view or end user CPNI of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances must provide written proof of End User Customer authorization to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of before viewing or using the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframesCPNI.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 3 contracts
Samples: Resale Agreement, Resale Agreement, Resale Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 46.1 To the extent the Party CLEC has not previously done so, the Party CLEC shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 46.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the End User.
43.3 46.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 46.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 46.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 46.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 46.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three thirty (330) Days of a written request for such documents. Failure to produce proper documentation within three thirty (330) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach fails to provide proper documentation of these requirements on multiple occasionspermission obtained from prospective subscribers for at least ninety five percent (95%) of subscribers whose CPNI has been obtained from the other Party, and if such failure continues for over sixty (60) Days after written notice of the breach, then as an alternative to terminating this Agreement pursuant to Section 7.6 for an uncured Default, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 7.6 if an ongoing Default is not substantially rectified within the applicable timeframessixty (60) Days written notice.
43.8 46.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 that the sixty (60) Day waiting period for filing a Complaint under Section 16.2.4 shall not apply to any claims concerning unauthorized changes in preferred carrierssuch disputes. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 46.6 unless the Commission determines otherwise.
43.9 In 46.9 The cure period in Section 7.7 for material Defaults shall not affect either Party’s obligation to comply with the case requirements of 47 C.F.R. §64.1150 to give timely notice to the Commission and other carriers of any unauthorized carrier change, to remove any unpaid charges, and to submit proper documentation to the relevant governmental agency within thirty (30) Days.
46.10 CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has Parties have not previously done so, the Party XxxXxx and CenturyLink shall each execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, CPNI prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User Customer authorization to the other Party before viewing or using the CPNI.
43.2 29.1.1 Each Party’s access to CPNI of another Partyxxxxxxx’s End User customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the customer.
43.3 29.1.2 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law.
29.1.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations 29.1.4 When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release of CPNI as documented in compliance with State and federal law. Such documentation shall be kept the CenturyLink Service Guide or otherwise approved in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End Useradvance by CenturyLink, CenturyLink shall provide CLEC with access will not require MetTel to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders. However, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this AgreementAgreement if MetTel submits an order to change service providers or release CPNI where XxxXxx has not yet obtained appropriate authorization to change service providers or release CPNI from the customer. If Until a blanket LOA has been executed, a Party is in breach wishing to view or end user CPNI of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances must provide written proof of End User Customer authorization to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of before viewing or using the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframesCPNI.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 2 contracts
Samples: Resale Agreement, Resale Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three thirty (330) Days of a written request for such documents. Failure to produce proper documentation within three thirty (330) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink the injured Party will xxxx XXXX bill the culpable Party fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink the injured Party for switching the End User back to the original LEC.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three thirty (330) Days of a written request for such documents. Failure to produce proper documentation within three thirty (330) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 43.6 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 2 contracts
Samples: Resale Agreement, Resale Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink Brightspeed shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink Brightspeed End User.
43.6 The provisioning of CPNI from CenturyLink Brightspeed to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink Brightspeed will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink Brightspeed for switching the End User back to the original LEC.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has Parties have not previously done so, the Party **CLEC and CenturyTel shall each execute a mutually agreed upon blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, CPNI prior to a request to change service providers. Under the blanket LOA, a Party authorized by the End User Customer to view or use its CPNI need not provide proof of End User Customer authorization to the other Party before viewing or using the CPNI. Notwithstanding any other provision of this Agreement, the Parties’ negotiations over the terms of a mutually agreeable blanket letter of authorization shall not delay, impede, or interrupt the provision of number portability by either Party.
43.2 29.1.1 Each Party’s access to CPNI of another Partycarrier’s End User Customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the End User Customer.
43.3 29.1.2 The requesting Party must maintain records of all End User Customer authorizations to change service providers or release of CPNI in compliance with State and federal law.
29.1.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of proximately caused by the requesting Party’s failure to obtain proper CPNI authorization from a customeran End User Customer.
43.4 The requesting 29.1.4 When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to release CPNI neither Party must maintain records of all customer authorizations will require the other Party to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders. However, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Agreement if either Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until submits an order to change service providers or release CPNI where such failures have been substantially rectified and the Defaulting Party has provided adequate assurances not yet obtained appropriate authorization to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching change service providers or release CPNI from the End User back to the original LECCustomer.
Appears in 1 contract
Samples: Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the End User.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC BullsEye End User, CenturyLink shall provide CLEC BullsEye with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC BullsEye to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLECBullsEye’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs XXXx or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC BullsEye shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three thirty (330) Days of a written request for such documents. Failure to produce proper documentation within three thirty (330) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 43.6 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX bill BullsEye fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Resale Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket deci anket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three thirty (330) Days of a written request for such documents. Failure to produce proper documentation within three thirty (330) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.any
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs XXXx or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three thirty (330) Days of a written request for such documents. Failure to produce proper documentation within three thirty (330) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has Parties have not previously done so, the Party **CLEC and CenturyTel shall each execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, CPNI prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User Customer authorization to the other Party before viewing or using the CPNI.
43.2 29.1.1 Each Party’s access to CPNI of another Partycarrier’s End User customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the customer.
43.3 29.1.2 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law.
29.1.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations 29.1.4 When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release of CPNI as documented in compliance with State and federal law. Such documentation shall be kept the CenturyTel Service Guide or otherwise approved in all casesadvance by CenturyTel, irrespective of whether or CenturyTel will not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring require **CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders. However, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if **CLEC submits an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching change service providers or release CPNI where **CLEC has not yet obtained appropriate authorization to change service providers or release CPNI from the End User back to the original LECcustomer.
Appears in 1 contract
Samples: Interconnection, Resale and/or Unbundling Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s 's access to CPNI of another Party’s 's End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s 's failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s 's CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s 's blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 29.1 To the extent the Party has Parties have not previously done so, the Party Granite and CenturyLink shall each execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, CPNI prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User Customer authorization to the other Party before viewing or using the CPNI.
43.2 29.1.1 Each Party’s access to CPNI of another Partycarrier’s End User customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNICPNI from the customer.
43.3 29.1.2 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law.
29.1.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations 29.1.4 When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release of CPNI as documented in compliance with State and federal law. Such documentation shall be kept the CenturyLink Service Guide or otherwise approved in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End Useradvance by CenturyLink, CenturyLink shall provide CLEC with access will not require Granite to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders. However, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this AgreementAgreement if Granite submits an order to change service providers or release CPNI where Granite has not yet obtained appropriate authorization to change service providers or release CPNI from the customer. If Until a blanket LOA has been executed, a Party is in breach wishing to view or end user CPNI of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances must provide written proof of End User Customer authorization to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of before viewing or using the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframesCPNI.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Resale Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 34.1. To the extent the Party has Parties have not previously done so, the Party **CLEC and CenturyLink shall each execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, CPNI prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User authorization to the other Party before viewing or using the CPNI.
43.2 34.2. Each Party’s access to CPNI of another Partycarrier’s End User customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law applicable law to change service providers or release of CPNICPNI from the customer.
43.3 34.3. The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law.
34.4. The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations 34.5. When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release of CPNI as approved in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End Useradvance by CenturyLink, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring will not require **CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders. However, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this AgreementAgreement if **CLEC submits an order to change service providers or release CPNI where **XXXX has not yet obtained appropriate authorization to change service providers or release CPNI from the customer. If Until a blanket LOA has been executed, a Party is in breach wishing to view End User CPNI of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances must provide written proof of End User authorization to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of before viewing or using the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframesCPNI.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Interconnection, Resale and/or Unbundling Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 34.1. To the extent the Party has Parties have not previously done so, the Party **CLEC and CenturyLink shall each execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the either Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, CPNI prior to a request to change service providers. Under the blanket LOA, a Party authorized by the customer to view or use its CPNI need not provide proof of End User authorization to the other Party before viewing or using the CPNI.
43.2 34.2. Each Party’s access to CPNI of another Partycarrier’s End User customer will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law applicable law to change service providers or release of CPNICPNI from the customer.
43.3 34.3. The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law.
34.4. The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations 34.5. When a blanket LOA has been executed and where such blanket LOA contains the appropriate authorization to change service providers or release of CPNI as approved in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End Useradvance by CenturyLink, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring will not require **CLEC to produce submit an individually signed individual LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders. However, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this AgreementAgreement if **CLEC submits an order to change service providers or release CPNI where **CLEC has not yet obtained appropriate authorization to change service providers or release CPNI from the customer. If Until a blanket LOA has been executed, a Party is in breach wishing to view End User CPNI of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances must provide written proof of End User authorization to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of before viewing or using the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframesCPNI.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Interconnection, Resale and/or Unbundling Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be Eac ccess limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI t authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s subscribe s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket CLE representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Traffic Exchange Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s 's access to CPNI of another Party’s 's End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s 's failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink Brightspeed shall provide CLEC with access to that subscriber’s 's CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s 's blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink Brightspeed End User.
43.6 The provisioning of CPNI from CenturyLink Brightspeed to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink Brightspeed will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink Brightspeed for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Interconnection Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Traffic Exchange Agreement
LETTER OF AUTHORIZATION (LOA. 43.1 To the extent the Party has not previously done so, the Party shall execute a blanket letter of authorization (LOA) with respect to customer requests to change service providers or to permit the Party to view CPNI, such as pursuant to the submission of a Customer Service Record (CSR) Search order, prior to a request to change service providers.
43.2 Each Party’s access to CPNI of another Party’s End User will be limited to instances where the requesting Party has obtained from the End User the appropriate authorization required under Applicable Law to change service providers or release of CPNI.
43.3 The requesting Party is solely responsible for determining whether proper authorization has been obtained and holds the other Party harmless from any loss or liability on account of the requesting Party’s failure to obtain proper CPNI authorization from a customer.
43.4 The requesting Party must maintain records of all customer authorizations to change service providers or release of CPNI in compliance with State and federal law. Such documentation shall be kept in all cases, irrespective of whether or not the prospective subscriber ultimately changes local service providers. Such documentation shall be kept for the minimum period specified in 47 C.F.R. §64.1120(a)(1)(ii).
43.5 For any prospective CLEC End User, CenturyLink shall provide CLEC with access to that subscriber’s CPNI and Customer Service Records (CSRs) without requiring CLEC to produce an individually signed LOA prior to changing service providers or releasing CPNI, providing Customer Service Records (CSRs), or processing orders, subject to applicable rules, orders, and decisions, and based on CLEC’s blanket representation under the LOA that it has obtained authorization from each such prospective End User to obtain such CPNI, CSRs or submit such orders. These terms in this Section shall be reciprocal for any prospective CenturyLink End User.
43.6 The provisioning of CPNI from CenturyLink to CLEC shall be accomplished through the preordering Electronic Interface.
43.7 In the event a subscriber complains or other reasonable grounds exist, a Party may request verification of subscriber authorizations. Documentation that a Party is required to maintain under 47 C.F.R. §64.1120 shall be made available to the other Party within three (3) Days of a written request for such documents. Failure to produce proper documentation within three (3) Days of such request shall be considered a material breach of this Agreement. If a Party is in breach of these requirements on multiple occasions, the other Party may discontinue processing new Service Orders and/or disconnect any electronic preordering interface until such failures have been substantially rectified and the Defaulting Party has provided adequate assurances to the other Party that adequate steps have been implemented to prevent ongoing problems with such records compliance. The exercise of this alternative remedy shall not act as a waiver of the right to terminate this Agreement under Section 6.6 if an ongoing Default is not substantially rectified within the applicable timeframes.
43.8 Any dispute between the Parties with respect to their rights and obligations under this Section shall be subject to the Dispute Resolution provisions of this Agreement, and the Parties must attempt to resolve any dispute concerning the validity of subscriber authorizations prior to filing a formal complaint with the Commission provided however, procedures and timeframes specified in 47 C.F.R §64.1150 shall apply to any claims concerning unauthorized changes in preferred carriers. If a Party files a Complaint with the Commission to resolve any such dispute, then while such proceeding is pending the other Party shall not be entitled to exercise alternative remedy under Section 43.7 43.6 unless the Commission determines otherwise.
43.9 In the case of any unauthorized carrier change, CenturyLink will xxxx XXXX fifty dollars ($50.00) per affected line in lieu of any additional charge in order to compensate CenturyLink for switching the End User back to the original LEC.
Appears in 1 contract
Samples: Resale Agreement