Maintenance of Unbundled Local Loops. BA has the obligation to maintain and repair unbundled Network Elements provided to Covad on a nondiscriminatory basis and at parity with the maintenance and repair services it provides to itself and other carriers. If (i) Covad reports to BA a Customer trouble, (ii) Covad requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA facilities or equipment in whole or in part, then Covad shall pay BA a charge set forth in Exhibit A for time associated with said dispatch.. In addition, this charge also applies when the Customer contact as designated by Covad is not available at the appointed time. Covad accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on its test results. If, as the result of Covad instructions, BA is erroneously requested to dispatch within a BA Central Office or to a POT Bay ("dispatch in"), BA may levy on Covad an appropriate charge. If, as the result of Covad instructions, BA is erroneously requested to dispatch outside a BA Central Office or to a POT Bay ("dispatch out"), BA may levy on Covad an appropriate charge. BA agrees to respond to Covad trouble reports on a non-discriminatory basis consistent with the manner in which it provides service to its own retail customers or to any other similarly situated Telecommunications Carrier.However, if BA imposes any charge on Covad under this subsection 11.8 and the same trouble recurs and the cause in both instances is determined to be in BA's facilities, then BA shall refund to Covad all charges applicable to that trouble that were erroneously levied on and paid by Covad to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA's Tariffs.
Maintenance of Unbundled Local Loops. If (i) MFS reports to BA a Customer trouble, (ii) MFS requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA's facilities or equipment, then MFS shall pay BA a per-trip charge charge and labor charges per quarter hour increments for time associated with said dispatch, as set forth in Exhibit A. In addition this charge also applies in situations when the Customer contact as designated by MFS is not available at the appointed time. MFS accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on their test results. If, as the result of MFS instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on MFS an appropriate charge.
Maintenance of Unbundled Local Loops. If (i) Focal reports to BA a Customer trouble, (ii) Focal requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA's facilities or equipment, then Focal shall pay BA a per-trip charge and labor charges per quarter hour increments for time associated with said dispatch, as set forth in Exhibit A. In addition this charge also applies in situations when the Customer contact as designated by Focal is not available at the appointed time. Focal accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on their test results. If, as the result of Focal instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on Focal an appropriate charge.
Maintenance of Unbundled Local Loops. If (i) ANTC reports to BA a Customer trouble, (ii) ANTC requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA’s facilities or equipment, then ANTC shall pay BA the rate referenced in Exhibit A for said dispatch. In addition, this charge also applies in situations when the Customer contact as designated by ANTC is not available at the appointed time. ANTC accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on their test results. If, as the result of ANTC instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on ANTC an appropriate charge. However, if the trouble is in BA’s network, then no charge shall apply. If BA erroneously imposes any charge on ANTC under this Subsection 11.10, then BA shall refund to ANTC all charges applicable to that trouble that were erroneously levied on and paid by ANTC to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA’s Tariffs.
Maintenance of Unbundled Local Loops. If (i) TCG reports to BA a Customer trouble, (ii) TCG requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA’s facilities or equipment, then TCG shall pay BA the applicable tariff rate for said dispatch. In addition, this charge also applies in situations when the Customer contact as designated by TCG is not available at the appointed time. TCG accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on their test results. If, as the result of TCG instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on TCG an appropriate charge. However, if BA imposes any charge on TCG under this subsection 11.8 and the same trouble recurs and the cause in both instances is determined to be in BA’s facilities, then BA shall refund to TCG all charges applicable to that trouble that were erroneously levied on and paid by TCG to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA’s Tariffs.
Maintenance of Unbundled Local Loops. If (i) ETC reports to BA a Customer trouble, (ii) ETC requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA’s facilities or equipment, then ETC shall pay BA the applicable tariff rate for said dispatch. In addition this charge also applies in situations when the Customer contact as designated by ETC is not available at the appointed time. ETC accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on their test results. If, as the result of ETC instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on ETC an appropriate charge.
Maintenance of Unbundled Local Loops. If (i) ACI reports to BA a Customer trouble, (ii) ACI requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA's facilities or equipment, then ACI shall pay BA the applicable tariff rate for said dispatch. In addition, this charge also applies in situations when the Customer contact as designated by ACI is not available at the appointed time. ACI accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on their test results. If, as the result of ACI instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on ACI an appropriate charge. However, if BA imposes any charge on ACI under this subsection 11.8 and the same trouble recurs and the cause in both instances is determined to be in BA's facilities, then BA shall refund to ACI all charges applicable to that trouble that were erroneously levied on and paid by ACI to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA's Tariffs. BA agrees to respond to ACI trouble reports on a nondiscriminatory basis consistent with the manner in which it provides service to its own retail customers or to any other similarly situated Telecommunications Carrier.
Maintenance of Unbundled Local Loops. If (i) Commonwealth reports to BA a Customer trouble, (ii) Commonwealth requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA’s facilities or equipment, then Commonwealth shall pay BA the applicable tariff rate for said dispatch. In addition, this charge also applies in situations when the Customer contact as designated by Commonwealth is not available at the appointed time. Commonwealth accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on their test results. If, as the result of Commonwealth instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on Commonwealth an appropriate charge. However, if BA imposes any charge on Commonwealth under this subsection 11.8 and the same trouble recurs and the cause in both instances is determined to be in BA’s facilities, then BA shall refund to Commonwealth all charges applicable to that trouble that were erroneously levied on and paid by Commonwealth to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA’s Tariffs.
Maintenance of Unbundled Local Loops. If (i) KMC reports to BA a Customer trouble, (ii) KMC requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA’s facilities or equipment, then KMC shall pay BA the applicable tariff rate for said dispatch. In addition, this charge also applies in situations when the Customer contact as designated by KMC is not available at the appointed time. KMC accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on their test results. If, as the result of KMC instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on KMC an appropriate charge. However, if BA imposes any charge on KMC under this subsection 11.8 and the same trouble recurs and the cause in both instances is determined to be in BA’s facilities, then BA shall refund to KMC all charges applicable to that trouble that were erroneously levied on and paid by KMC to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA’s Tariffs.
Maintenance of Unbundled Local Loops. If (i) NEXTLINK reports to BA a Customer trouble, (ii) NEXTLINK requests a dispatch, (iii) BA dispatches a technician, and (iv) such trouble was not caused by BA’s facilities or equipment, then NEXTLINK shall pay BA the applicable tariff rate for said dispatch. In addition, this charge also applies in situations when the Customer contact as designated by NEXTLINK is not available at the appointed time. NEXTLINK accepts responsibility for initial trouble isolation and providing BA with appropriate dispatch information based on their test results. If, as the result of NEXTLINK instructions, BA is erroneously requested to dispatch within the Central Office, BA may levy on NEXTLINK an appropriate charge. However, if BA imposes any charge on NEXTLINK under this subsection 11.8 and the same trouble recurs and the cause in both instances is determined to be in BA’s facilities, then BA shall refund to NEXTLINK all charges applicable to that trouble that were erroneously levied on and paid by NEXTLINK to BA plus interest at the rate applicable to refunds of overpayments pursuant to BA’s Tariffs. In the circumstances where (i) NEXTLINK has opened a trouble ticket regarding a problem; (ii) BA has closed the trouble ticket indicating no trouble found; (iii) NEXTLINK has incurred third party vendor and/or third party labor expense in correcting the problem and (iv) maintenance action to BA's network was necessary to resolve such problem or it has otherwise been determined that BA's facilities were the cause of such problem, then BA shall pay NEXTLINK all such third party charges incurred by NEXTLINK provided, however, that BA shall not be liable for any consequential damages.
