Common use of Network Elements Clause in Contracts

Network Elements. 9.2.1 SBC-AMERITECH shall provide CLEC access to Network Elements on an unbundled basis (and combinations of Network Elements as set forth in Section 9.3 of this Article) at rates, terms and conditions that are just, reasonable and non-discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act and applicable FCC Orders and other applicable laws. 9.2.2 SBC-AMERITECH will permit CLEC to interconnect CLEC’s facilities or facilities provided by CLEC or to CLEC by SBC-AMERITECH or third parties with each of SBC-AMERITECH’s unbundled Network Elements or Combinations at any technically feasible point designated by CLEC. Any request by CLEC to interconnect at a point not previously established: (i) in accordance with the terms of this Agreement (e.g., other than as set forth in the descriptions of unbundled Network Elements and Combinations under the following provisions of this Article IX and Schedules 9.2.1 through 9.2.9.), or (ii) under any arrangement SBC-AMERITECH may have with another Telecommunications Carrier, shall be subject to the Bona Fide Request process set forth in Article XIX (General Responsibilities of the Parties) of this Agreement. Any arrangement SBC-AMERITECH may have with another Telecommunications Carrier is presumed to be technically feasible; however, SBC-AMERITECH may rebut this presumption with clear and convincing evidence to the contrary in its response to an CLEC Bona Fide Request, pursuant to 47 C.F.R. §51.321(c).

Network Elements. 9.2.1 SBC-AMERITECH shall provide CLEC access to Network Elements on an unbundled basis (and combinations of Network Elements as set forth in Section 9.3 of this Article) at rates, terms and conditions that are just, reasonable and non-discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act and applicable FCC Orders and other applicable laws. 9.2.2 SBC-AMERITECH will permit CLEC to interconnect CLEC’s facilities or facilities provided by CLEC or to CLEC by SBC-AMERITECH or third parties with each of SBC-AMERITECH’s unbundled Network Elements or Combinations at any technically feasible point designated by CLEC. Any request by CLEC to interconnect at a point not previously established: (i) in accordance with the terms of this Agreement (e.g., other than as set forth in the descriptions of unbundled Network Elements and Combinations under the following provisions of this Article IX and Schedules 9.2.1 through 9.2.9.), or (ii) under any arrangement SBC-AMERITECH may have with another Telecommunications Carrier, shall be subject to the Bona Fide Request process set forth in Article XIX (General Responsibilities of the Parties) of this Agreement. Any arrangement SBC-AMERITECH may have with another Telecommunications Carrier is presumed to be technically feasible; however, SBC-SBC- AMERITECH may rebut this presumption with clear and convincing evidence to the contrary in its response to an CLEC Bona Fide Request, pursuant to 47 C.F.R. §51.321(c).

Network Elements. 9.2.1 SBC-AMERITECH shall provide CLEC access to Network Elements on an unbundled basis (and combinations of Network Elements as set forth in Section 9.3 of this Article) at rates, terms and conditions that are just, reasonable and non-discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act and applicable FCC Orders and other applicable laws. 9.2.2 SBC-AMERITECH will permit CLEC to interconnect CLEC’s facilities or facilities provided by CLEC or to CLEC by SBC-AMERITECH or third parties with each of SBC-AMERITECH’s unbundled Network Elements or Combinations at any technically feasible point designated by CLEC. Any request by CLEC to interconnect at a point not previously established: (i) in accordance with the terms of this Agreement (e.g., other than as set forth in the descriptions of unbundled Network Elements and Combinations under the following provisions of this Article IX and Schedules 9.2.1 through 9.2.9.), or (ii) under any arrangement arrange ment SBC-AMERITECH may have with another Telecommunications Carrier, shall be subject to the Bona Fide Request process set forth in Article XIX (General Responsibilities of the Parties) of this Agreement. Any arrangement SBC-AMERITECH may have with another Telecommunications Carrier is presumed to be technically feasible; however, SBC-AMERITECH may rebut this presumption with clear and convincing evidence to the contrary in its response to an CLEC Bona Fide Request, pursuant to 47 C.F.R. §51.321(c).