Common use of Maintenance of Unbundled Local Loops Clause in Contracts

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. 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. 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. 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-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 ’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 ’s Tariffs.

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 ’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 ’s Tariffs.