Limitations on Unbundled Access. 11.7.1 BA shall only be required to provide ULLs and Ports where such Loops and Ports are available.
11.7.2 Covad shall access BA's unbundled Network Elements specifically identified in this Agreement via Collocation in accordance with Section 13 at the BA Wire Center where those elements exist or other mutually agreed upon means of Interconnection, and each ULL or Port shall, in the case of Collocation, be delivered to Covad's Collocation by means of a Cross Connection or Strapping, at the rates set forth in Exhibit A, or via such other alternative arrangement(s) as the Parties may mutually agree, to the extent required by Applicable Law.
11.7.3 BA shall provide Covad access to its Unbundled Local Loops at each of BA's Wire Centers for loops terminating in that Wire Center. In addition, if Covad orders one or more ULL provisioned via Integrated Digital Loop Carrier or Remote Switching technology deployed as a ULL concentrator, BA shall, where available and in accordance with applicable technical references, move the requested ULL(s) to a spare, existing physical ULL at no additional charge to Covad. If, however, no spare physical ULL is available, BA shall within three (3) business days of Covad's request notify Covad of the lack of available facilities. In such event, BA shall offer Covad other options as may be available, which shall, where feasible, include the placement of a suitable digital line card at the remote terminal, provided that Covad shall agree to pay the additional costs incurred by BA in making such other options available to Covad. The additional cost of such other specific option, and the basis for allocating such additional cost, will be determined at the time the option is made available. Covad may also, at its discretion, make a Network Element Bona Fide Request to BA to provide the unbundled Local Loop through the demultiplexing of the integrated digitized ULL(s). Covad may also make a Network Element Bona fide Request for access to Unbundled Local Loops at the ULL concentration site point. Alternatively, Covad may choose to avail itself of BA's Special Construction services, as set forth in Exhibit A, for the provisioning of such ULL(s). Notwithstanding anything to the contrary in this Agreement, standard provisioning intervals shall not apply to ULL provided under this subsection 11.
11.7.4 If Covad orders a ULL type and the distance requested on such ULL exceeds the transmission characteristics in applicable technical references...
Limitations on Unbundled Access. 11.7.1 Level 3 shall access BA’s unbundled Network Elements via Collocation in accordance with Section 13 at the BA Wire Center where those elements exist or other mutually agreed upon means of Interconnection, and each Loop or Port shall, in the case of Collocation, be delivered to Level 3’s Collocation by means of a Cross Connection.
11.7.2 BA shall provide Level 3 access to its Loops at each of BA’s Wire Centers for Loops terminating in that Wire Center. In addition, if Xxxxx 0 requests one or more Loops provisioned via Integrated Digital Loop Carrier or Remote Switching technology deployed as a Loop concentrator, BA shall, where available, move the requested Loop(s) to a spare, existing physical Loop at no additional charge to Level 3. If, however, no spare physical Loop is available, BA shall within three (3) business days of Level 3’s request notify Level 3 of the lack of available facilities. Level 3 may then at its discretion make a Network Element Bona Fide Request to BA to provide the Loop through the demultiplexing of the integrated digitized Loop(s). Level 3 may also make a Network Element Bona Fide Request for access to Loops at the Loop concentration site point. Alternatively, Level 3 may choose to avail itself of BA’s Special Construction services, as set forth in Exhibit A, for the provisioning of such Loop(s). Notwithstanding anything to the contrary in this Agreement, the provisioning intervals set forth in subsection 11.9 and the Performance Criteria and Performance Interval Dates set forth in subsection 26.1 and Schedule 26, respectively, shall not apply to Loops provided under this subsection 11.7.2.
11.7.3 If Level 3 orders a Loop type and the distance requested on such Loop exceeds the transmission characteristics in applicable technical references, Level 3 may request BA to provide distance extensions on such Loops. BA will comply with such requests unless the requested extensions are incompatible with the services Level 3 wishes to provide, or are likely to cause degradation of service in BA’s network. The rates and charges for such loop extensions shall be as set forth in Exhibit A, in BA’s applicable Tariffs if there is no rate in Exhibit A, or in the absence of either, at a rate to be agreed upon between the Parties.
11.7.4 BA will exercise commercially reasonable efforts to ensure that the service intervals that apply to Loops and unbundled Ports are comparable to the (a) repair intervals that apply to the bundled dial tone lin...
Limitations on Unbundled Access. Notwithstanding anything else set forth in the Interconnection Agreement: 1.7.1
(a) [Intentionally omitted.]
(b) To the extent that VERIZON is required by a change in Applicable Law to provide a network element on an unbundled basis to SPRINT, the terms, conditions and prices for such network element (including, but not limited to, the terms and conditions defining the network element and stating when and where the network element will be available and how it will be used, and terms, conditions and prices for pre-ordering, ordering, provisioning, repair, maintenance and billing) shall be as provided in an applicable tariff of VERIZON (a “VERIZON UNE Tariff,” {including, but not limited to, to the extent applicable, VERIZON Tariff DTE MA No. 17}). In the absence of a VERIZON UNE Tariff, to the extent that VERIZON is required by Applicable Law to provide a network element to SPRINT, the terms, conditions and prices for such network element (including, but not limited to, the terms and conditions defining the network element and stating when and where the network element will be available and how it will be used, and terms, conditions and prices for pre-ordering, ordering, provisioning, repair, maintenance, and billing) shall be as provided in this Interconnection Agreement. In the absence of a VERIZON UNE Tariff and if there is a conflict between the terms and provisions of this Interconnection Agreement and Applicable Law governing the provision of a network element, prior to VERIZON’s provision of such network element and upon the written request of either Party, the Parties will negotiate in good faith an amendment to the Interconnection Agreement so that the Interconnection Agreement includes terms, conditions and prices for the network element (including, but not limited to, the terms and conditions defining the network element and stating when and where the network element will be available and how it will be used, and terms, conditions and prices for pre-ordering, ordering, provisioning, repair, maintenance and billing) that are consistent with such Applicable Law.
(c) VERIZON shall be required to provide a Network Element on an unbundled basis only where necessary facilities are available.
(d) VERIZON shall not provide SPRINT, and SPRINT shall not request from VERIZON, access to a proprietary advanced intelligent network service.
Limitations on Unbundled Access. 11.7.1 BA shall only be required to provide ULLs and Ports where such Loops and Ports are available.
11.7.2 Compass shall access BA's unbundled Network Elements specifically identified in this Agreement via Collocation in accordance with Section 13 at the BA Wire Center where those elements exist, and each ULL or Port shall, in the case of Collocation, be delivered to Compass's Collocation node by means of a Cross Connection or Strapping.
11.7.3 BA shall provide Compass access to its ULLs at each of BA’s Wire Centers for loops terminating in that Wire Center. In addition, if Compass orders one or more ULLs provisioned via Integrated Digital Link Carrier or Remote Switching technology deployed as a ULL concentrator, BA shall, where available, move the requested ULL(s) to a spare, existing physical ULL at no additional charge to Compass. If, however, no spare physical ULL is available, BA shall within three (3) Business days of Compass's request notify Compass of the lack of available facilities. Compass may then at its discretion make a Network Element Bona Fide Request to BA to provide the unbundled Local Loop through the demultiplexing of the integrated digitized ULL(s). Compass may also make a Network Element Bona Fide Request for access to Unbundled Local Loops at the ULL concentration site point. Notwithstanding anything to the contrary in this Agreement, standard provisioning intervals shall not apply to ULL provided under this subsection 11.7.3.
Limitations on Unbundled Access. 11.7.1 The Parties acknowledge that BA is not required by Applicable Law to provide Network Elements or combinations of Network Elements (“Combinations”) to Mpower on an unbundled basis until an FCC order prescribing the Network Elements that must be provided by BA pursuant to the Act (an “FCC Remand Order”) becomes effective.
11.7.2 Subject to Applicable Law or any provision of this Agreement permitting BA to terminate the provision of Network Elements, BA agrees voluntarily to provide to Mpower, on an unbundled, individual, uncombined basis, the Network Elements identified in this Agreement in accordance with this Agreement until the effective date(s) of an FCC Remand Order.
11.7.3 Upon the effective date(s) of an FCC Remand Order with respect to any particular Network Element, BA’s voluntary agreement to provide that Network Element under Section 11.7.2 shall terminate and, except to the extent the provision of that Network Element is required by Applicable Law, BA may (but shall not be obligated to) terminate the provision of that Network Element (including but not limited to any facility, equipment, feature, function or capability identified in this Agreement as a Network Element).
11.7.4 Nothing contained in this Agreement shall be deemed to constitute agreement by BA that any item identified in this Agreement as a Network Element is (i) a Network Element under Applicable Law, or (ii) a Network Element BA is required by Applicable Law to provide to Mpower on an unbundled basis.
11.7.5 To the extent BA is required by Applicable Law to provide a Network Element to Mpower in accordance with an FCC Remand Order or the FCC order in CC Docket Nos. 98-147 and 96-98, released December 9, 1999, the terms, conditions and prices for such Network Element (including, but not limited to, the terms and conditions defining the Network Element and stating when and where the Network Element will be available and how it will be used, and terms, conditions and prices for pre-ordering, ordering, provisioning, repair and maintenance, and billing) shall be provided in accordance with an applicable Tariff of BA, if any. In the absence of such a Tariff, prior to BA’s provision of such Network Element, and upon request, in writing, of either Party, the Parties will negotiate in good faith to amend this Agreement, as necessary, so that this Agreement includes terms, conditions and prices for the required Network Element (including, but not limited to, the terms and conditions ...
Limitations on Unbundled Access. 11.7.1 Notwithstanding any other provision of this Agreement:
(a) To the extent that Verizon is required by a change in Applicable Law to provide a Network Element on an unbundled basis or a Combination to TCG, the terms, conditions and prices for such Network Element or Combination (including, but not limited to, the terms and conditions defining the Network Element or Combination and stating when and where the Network Element or Combination will be available and how it will be used, and terms, conditions and prices for pre-ordering, ordering, provisioning, repair, maintenance and billing) shall be as provided in an applicable Tariff of Verizon (a “Verizon UNE Tariff”) or, in the absence of such a Tariff, as mutually agreed to by the Parties pursuant to Section 27.4 hereof.
Limitations on Unbundled Access. 32 11.5 Availability of Other Network Elements on an Unbundled Basis.......... 33 11.6 Provisioning of Unbundled Local Loops................................. 34 11.7 Maintenance of Unbundled Local Loops.................................. 35 11.8 Rates and charges..................................................... 36 12.0 RESALE - SECTIONS 251(c)(4) and 251(b)(1)............................. 36 12.1 Availability of Retail Rates for Resale............................... 36 12.2 Availability of Wholesale Rates for Resale............................ 36 12.3 Availability of Support Services and Branding, for Resale............. 36 12.4 Additional Terms Governing Resale and Use of BA Services.............. 37 13.0 COLLOCATION -- SECTION 251(c)(6)...................................... 37
Limitations on Unbundled Access. 11.7.1 The Parties acknowledge that BA is not required by Applicable Law to provide Network Elements or combinations of Network Elements (“Combinations”) to Essex on an unbundled basis until an FCC order prescribing the Network Elements that must be provided by BA pursuant to the Act (an “FCC Remand Order”) becomes effective.
11.7.2 Subject to Applicable Law or any provision of this Agreement permitting BA to terminate the provision of Network Elements, BA agrees voluntarily to provide to Essex, on an unbundled, individual, uncombined basis, the Network Elements identified in this Agreement in accordance with this Agreement until the effective date(s) of an FCC Remand Order.
11.7.3 Upon the effective date(s) of an FCC Remand Order with respect to any particular Network Element, BA’s voluntary agreement to provide that Network Element under Section
Limitations on Unbundled Access. 9.5.1 TCG may not cross-connect a BA-provided Link to a BA-provided Port but instead shall purchase a network access line under applicable tariffs.
9.5.2 BA shall only be required to provide Links and Ports where such Links and Ports are available.
9.5.3 TCG shall access BA's unbundled Network Elements specifically identified in this Agreement via Collocation in accordance with Section 12.0 at the BA Wire Center where those elements exist and each Link or Port shall be delivered to TCG's Collocation node by means of a Service Access Charge at the rates set forth in Pricing Schedule.
9.5.4 BA shall provide TCG access to its unbundled Links at each of BA's Wire Centers. In addition, if TCG requests one or more Links serviced by Integrated Digital Link Carrier or Remote Switching technology deployed as a Link concentrator, BA shall, where available, move the requested Link(s) to a spare, existing physical Link at no charge to TCG. If, however, no spare physical Link is available, BA shall within three (3) business days of TCG's request notify TCG of the lack of available facilities. TCG may then at its discretion make a Network Element Bona Fide Request to BA to provide the unbundled Link through the demultiplexing of the integrated digitized Link(s). TCG may
9.5.5 If TCG orders a Link type and the distance requested on such Link exceeds the transmission characteristics as referenced in the corresponding Technical Reference specified below, distance extensions may be required and additional rates and charges shall apply as set forth on the Pricing Schedule. Parties agree that full technical solutions may not be available for HDSL and ADSL for these arrangements at the signing of this agreement, but will make a good faith effort to implement such solutions.
Limitations on Unbundled Access. 36 11.7 Availability of Other Network Elements on an Unbundled Basis....................................... 37 11.8 Provisioning of Unbundled Local Loops.................... 38 11.9
