Common use of Mass Market Switching Clause in Contracts

Mass Market Switching. 8.1 Notwithstanding any provision in the Agreement to the contrary, after the Amendment Effective Date Verizon is not required to provide access to Local Circuit Switching on an unbundled basis to ***CLEC Acronym TXT*** for the purpose of serving end-user customers using DS0-capacity Loops (“Mass Market Switching”), unless Verizon is required to do so under the applicable Federal Unbundling Rules or State law. 8.1.1 Notwithstanding Section [8.1], for a 12-month period beginning March 11, 2005, Verizon shall provide access to Mass Market Switching on an unbundled basis for ***CLEC Acronym TXT*** to serve its embedded base of end-user customers as of that date and any end-user customers added between June 1, 2005 and the Amendment Effective Date. During this 12-month period, the price for Mass Market Switching in combination with unbundled DS0-capacity Loops and shared transport shall be the higher of: (a) the rate at which ***CLEC Acronym TXT*** obtained that Combination of Network Elements on June 15, 2004 plus one dollar ($1.00); or (b) the rate the Commission establishes, if any, between June 16, 2004 and March 11, 2005, for that Combination of Network Elements, plus one dollar ($1.00). ***CLEC Acronym TXT*** may not obtain under the Amended Agreement new Mass Market Switching as an unbundled Network Element after the Amendment Effective Date, except as otherwise set forth in this Amendment. For ***CLEC Acronym TXT***’s embedded base of end-user customers as of March 11, 2005 and for end-user customers added between June 1, 2005 and the Amendment Effective Date, Verizon shall provide ***CLEC Acronym TXT***, upon ***CLEC Acronym TXT***’s request: (i) additional UNE-P lines to serve such end-user customers; and (ii) moves, changes, and restores in UNE-P lines to serve such end-user customers, during the 12-month transition process. 8.1.2 In accordance with Section [11], ***CLEC Acronym TXT*** shall perform the necessary steps to migrate its embedded base of end-user customers as of March 11, 2005 and any end-user customers added between June 1, 2005 and the Amendment Effective Date, off of Mass Market Switching to alternative arrangements within twelve (12) months after March 11, 2005. 8.1.3 Verizon shall provide to ***CLEC Acronym TXT*** the “hot-cut” processes (i) that, as of March 15, 2005, are set forth on Verizon’s wholesale website, subject to changes made pursuant to Change Management and Control Procedures. Those processes include, but are not limited to, a basic hot-cut process, a large job hot-cut process, and a batch hot-cut process, and (ii) that Verizon has established or establishes for use with other carriers. ***CLEC Acronym TXT*** may, in its discretion, but in accordance with the business rules for those procedures, use whichever process reasonably applies to the end-user customer(s) in question. 8.1.4 If Verizon fails to complete within the specified 12-month period the migration described in Section [8.1.2] of any end-user customer, Verizon shall continue to provide unbundled access to Mass Market Switching (in Combination with other Network Elements) at rates set forth in Section [8.1.1.] with respect to those end-user customers not migrated, until such time as their migration is complete.

Mass Market Switching. 8.1 Notwithstanding any provision in Upon a finding by the Agreement to the contrary, after the Amendment Effective Date Verizon is not required to provide access to Local Circuit Switching on an unbundled basis to [***CLEC Acronym State Commission TXT*** for *] or the purpose of serving end-user customers using DS0-capacity Loops (“FCC that no impairment exists in a particular market with respect to Mass Market Switching”), unless Verizon is required to do so will continue accepting orders under the applicable Federal Unbundling Rules or State law. 8.1.1 Notwithstanding Section [8.1], for a 12-month period beginning March 11, 2005, Verizon shall provide access to Mass Market Switching on an unbundled basis for ***CLEC Acronym TXT*** to serve its embedded base of end-user customers as of that date and any end-user customers added between June 1, 2005 and the Amendment Effective Date. During this 12-month period, the price Amended Agreement for Mass Market Switching in combination with unbundled DS0-capacity Loops and shared transport for a transitional period of five (5) months. Thereafter, Verizon shall be under no obligation to accept new orders for Mass Market Switching. Counting from the higher of: (a) date of the rate at which [***CLEC Acronym TXT*** obtained that Combination of Network Elements on June 15, 2004 plus one dollar ($1.00); or (b) the rate the State Commission establishes, if any, between June 16, 2004 and March 11, 2005, for that Combination of Network Elements, plus one dollar ($1.00). ***CLEC Acronym TXT*** may not obtain under the Amended Agreement new Mass Market Switching as an unbundled Network Element after the Amendment Effective Date, except as otherwise set forth in this Amendment. For ***CLEC Acronym TXT***]’s embedded base of end-user customers as of March 11, 2005 and for end-user customers added between June 1, 2005 and the Amendment Effective Date, Verizon shall provide ***CLEC Acronym TXT***, upon ***CLEC Acronym TXT***or FCC’s request: (i) additional UNE-P lines to serve such end-user customers; and (ii) moves, changes, and restores order finding no impairment in UNE-P lines to serve such end-user customers, during the 12-month transition process. 8.1.2 In accordance with Section [11]a particular market or markets, ***CLEC Acronym TXT*** shall perform the necessary steps submit orders to Verizon to migrate its the embedded base of end-its end user customers as of March 11, 2005 and any end-user customers added between June 1, 2005 and in the Amendment Effective Date, subject market off of Verizon’s Mass Market Switching product to alternative arrangements within twelve (12) months after March 11any other switching service or product made available by Verizon, 2005. 8.1.3 Verizon shall provide subject to Section 3.8.3 below, under separate agreement, or to ***CLEC Acronym TXT*** *’s own or a third party’s facilities, in accordance with the “hot-cut” processes following schedule: (ia) thatduring month 13, as of March 15, 2005, are set forth on Verizon’s wholesale website, subject to changes made pursuant to Change Management and Control Procedures. Those processes include, but are not limited to, a basic hot-cut process, a large job hot-cut process, and a batch hot-cut process, and (ii) that Verizon has established or establishes for use with other carriers. ***CLEC Acronym TXT*** maymust submit orders to migrate one-third of its embedded base of end user customers; (b) during month 20, ***CLEC Acronym TXT*** must submit orders to migrate one-half of the remaining embedded base of end user customers; and (c) during month 27, ***CLEC Acronym TXT*** must submit orders to migrate the remainder of its embedded base of end user customers. For purposes of the foregoing schedule, customers already in its discretion, but a “rolling” transition plan established by the [***State Commission TXT***] or the FCC shall not be included in accordance with the business rules for those procedures, use whichever process reasonably applies to the end-user customer(s) in questionembedded base. 8.1.4 If Verizon fails to complete within the specified 12-month period the migration described in Section [8.1.2] of any end-user customer, Verizon shall continue to provide unbundled access to Mass Market Switching (in Combination with other Network Elements) at rates set forth in Section [8.1.1.] with respect to those end-user customers not migrated, until such time as their migration is complete.

Mass Market Switching. 8.1 Notwithstanding any provision in Upon a finding by the Agreement to the contrary, after the Amendment Effective Date Verizon is not required to provide access to Local Circuit Switching on an unbundled basis to [***CLEC Acronym State Commission TXT*** for *] or the purpose of serving end-user customers using DS0-capacity Loops (“FCC that no impairment exists in a particular market with respect to Mass Market Switching”), unless Verizon is required to do so will continue accepting orders under the applicable Federal Unbundling Rules or State law. 8.1.1 Notwithstanding Section [8.1], for a 12-month period beginning March 11, 2005, Verizon shall provide access to Mass Market Switching on an unbundled basis for ***CLEC Acronym TXT*** to serve its embedded base of end-user customers as of that date and any end-user customers added between June 1, 2005 and the Amendment Effective Date. During this 12-month period, the price Amended Agreement for Mass Market Switching in combination with unbundled DS0-capacity Loops and shared transport for a transitional period of five (5) months. Thereafter, Verizon shall be under no obligation to accept new orders for Mass Market Switching. Counting from the higher of: (a) effective date of the rate at which [***CLEC Acronym TXT*** obtained that Combination of Network Elements on June 15, 2004 plus one dollar ($1.00); or (b) the rate the State Commission establishes, if any, between June 16, 2004 and March 11, 2005, for that Combination of Network Elements, plus one dollar ($1.00). ***CLEC Acronym TXT*** may not obtain under the Amended Agreement new Mass Market Switching as an unbundled Network Element after the Amendment Effective Date, except as otherwise set forth in this Amendment. For ***CLEC Acronym TXT***]’s embedded base of end-user customers as of March 11or FCC’s order finding no impairment in a particular market or markets, 2005 and for end-user customers added between June 1, 2005 and the Amendment Effective Date, Verizon shall provide ***CLEC Acronym TXT***, upon ***CLEC Acronym TXT***’s request: (i) additional UNE-P lines to serve but not including any days during which such end-user customers; and (ii) moves, changes, and restores in UNE-P lines to serve such end-user customers, during the 12-month transition process. 8.1.2 In accordance with Section [11]order is stayed, ***CLEC Acronym TXT*** shall perform the necessary steps submit orders to Verizon to migrate its the embedded base of end-its end user customers as of March 11, 2005 and any end-user customers added between June 1, 2005 and in the Amendment Effective Date, subject market off of Verizon’s Mass Market Switching product to alternative arrangements within twelve (12) months after March 11any other switching service or product made available by Verizon, 2005. 8.1.3 Verizon shall provide subject to Section 3.8.3 below, under separate agreement, or to ***CLEC Acronym TXT*** *’s own or a third party’s facilities, in accordance with the “hot-cut” processes following schedule: (ia) thatduring by the end of month 13, as of March 15, 2005, are set forth on Verizon’s wholesale website, subject to changes made pursuant to Change Management and Control Procedures. Those processes include, but are not limited to, a basic hot-cut process, a large job hot-cut process, and a batch hot-cut process, and (ii) that Verizon has established or establishes for use with other carriers. ***CLEC Acronym TXT*** maymust submit orders to migrate one-third of its embedded base of end user customers; (b) during by the end of month 20, ***CLEC Acronym TXT*** must submit orders to migrate one-half of the remaining embedded base of end user customers; and (c) during by the end of month 27, ***CLEC Acronym TXT*** must submit orders to migrate the remainder of its embedded base of end user customers. For purposes of the foregoing schedule, customers already in its discretiona “rolling” transition plan established by the [***State Commission TXT***] or the FCC shall not be included in the embedded base. For the avoidance of doubt, but in accordance with the business rules for those procedures, use whichever process reasonably applies to the end-user customer(s) in question. 8.1.4 If Verizon fails to complete within the specified 12-month period the migration described in Section [8.1.2] of any end-user customer, Verizon shall continue to provide unbundled access to Mass Market Switching (i) provided under this Amended Agreement to new customers ordering service within the five- month transitional period specified above or (ii) provided for the embedded based during the migration period specified above shall, in Combination with other Network Elements) at either and both cases, be subject to the rates set forth in Section [8.1.1effect under the Agreement as of the day before the effective date of the order finding no impairment in a particular market or markets.] with respect to those end-user customers not migrated, until such time as their migration is complete.

Mass Market Switching. 8.1 Notwithstanding any provision in Upon the latter of (i) the Transition Commencement Date or (ii) the date on which Verizon has established both a Batch Hot Cut process and individual Hot Cut process (“MM Switching Migration Date”), Verizon will continue accepting orders under the Amended Agreement to the contrary, after the Amendment Effective Date Verizon is not required to provide access to Local Circuit Switching on an unbundled basis to from ***CLEC Acronym TXT*** for the purpose Mass Market Switching for a transitional period of serving end-user customers using DS0-capacity Loops five (“5) months. Thereafter, Verizon shall be under no obligation to accept new orders for Mass Market Switching”), unless Verizon is required to do so under . Counting from the applicable Federal Unbundling Rules or State law. 8.1.1 Notwithstanding Section [8.1], for a 12-month period beginning March 11, 2005, Verizon shall provide access to Mass Market MM Switching on an unbundled basis for ***CLEC Acronym TXT*** to serve its embedded base of end-user customers as of that date and any end-user customers added between June 1, 2005 and the Amendment Effective Migration Date. During this 12-month period, the price for Mass Market Switching in combination with unbundled DS0-capacity Loops and shared transport shall be the higher of: (a) the rate at which ***CLEC Acronym TXT*** obtained that Combination of Network Elements on June 15, 2004 plus one dollar ($1.00); or (b) the rate the Commission establishes, if any, between June 16, 2004 and March 11, 2005, for that Combination of Network Elements, plus one dollar ($1.00). ***CLEC Acronym TXT*** may not obtain under the Amended Agreement new Mass Market Switching as an unbundled Network Element after the Amendment Effective Date, except as otherwise set forth in this Amendment. For ***CLEC Acronym TXT***’s embedded base of end-user customers as of March 11, 2005 and for end-user customers added between June 1, 2005 and the Amendment Effective Date, Verizon shall provide ***CLEC Acronym TXT***, upon ***CLEC Acronym TXT***’s request: (i) additional UNE-P lines to serve such end-user customers; and (ii) moves, changes, and restores in UNE-P lines to serve such end-user customers, during the 12-month transition process. 8.1.2 In accordance with Section [11], ***CLEC Acronym TXT*** shall perform the necessary steps submit orders to Verizon to migrate its the embedded base of end-its end user customers as of March 11, 2005 and any end-user customers added between June 1, 2005 and in the Amendment Effective Date, subject market off of Verizon’s Mass Market Switching product to alternative arrangements within twelve (12) months after March 11any other switching service or product made available by Verizon under separate agreement, 2005. 8.1.3 Verizon shall provide or to ***CLEC Acronym TXT*** *’s own or a third party’s facilities, in accordance with the “hot-cut” processes following schedule: (ia) thatby the end of month 13, as of March 15, 2005, are set forth on Verizon’s wholesale website, subject to changes made pursuant to Change Management and Control Procedures. Those processes include, but are not limited to, a basic hot-cut process, a large job hot-cut process, and a batch hot-cut process, and (ii) that Verizon has established or establishes for use with other carriers. ***CLEC Acronym TXT*** maymust submit orders to migrate one-third of its embedded base of end user customers; (b) by the end of month 20, in ***CLEC Acronym TXT*** must submit orders to migrate one-half of the remaining embedded base of end user customers; and (c) by the end of month 27, ***CLEC Acronym TXT*** must submit orders to migrate the remainder of its discretionembedded base of end user customers. For the avoidance of doubt, but in accordance with the business rules for those procedures, use whichever process reasonably applies to the end-user customer(s) in question. 8.1.4 If Verizon fails to complete within the specified 12-month period the migration described in Section [8.1.2] of any end-user customer, Verizon shall continue to provide unbundled access to Mass Market Switching (i) provided under this Amended Agreement to new customers ordering service within the five-month transitional period specified above or (ii) provided for the embedded based during the migration period specified above shall, in Combination with other Network Elements) at either and both cases, be subject to the rates set forth in Section [8.1.1effect under the Agreement as of the day before the Transition Commencement Date. Verizon shall waive all non-recurring charges related to, or resulting from, the disconnection or discontinuation of Mass Market Switching and all non-recurring charges related to, or resulting from, the establishment of any alternative arrangement provided by Verizon.] with respect to those end-user customers not migrated, until such time as their migration is complete.