Common use of NID Clause in Contracts

NID. (1) Notwithstanding anything set forth in the Interconnection Agreement, subject to the conditions set forth in Section 1(d) of this Amendment and at MetTel’s request, BA shall permit MetTel to connect a MetTel Loop to the inside wiring of a Customer through the use of a BA NID (as such term is hereinafter defined) in the manner set forth in this Section 1(b). MetTel may access a BA NID either by means of a cross connect (but only if the use of such cross connect is technically feasible) from an adjoining MetTel NID deployed by MetTel or, if an entrance module is available in the BA NID, by connecting a MetTel Loop to the BA NID. When necessary, BA will rearrange its facilities to provide access to an existing Customer’s inside wire. An entrance module is available only if facilities are not connected to it. The Customer shall be responsible for resolving any conflicts between service providers for access to the Customer’s premises and inside wire. (2) In no case shall MetTel access, remove, disconnect or in any other way rearrange BA’s Loop facilities from BA’s NIDs, enclosures, or protectors. (3) In no case shall MetTel access, remove, disconnect or in any other way rearrange a Customer’s inside wire from BA’s NIDs, enclosures, or protectors where such Customer inside wire is used in the provision of ongoing telecommunication service to that Customer. (4) In no case shall MetTel remove or disconnect ground wires from BA’s NIDs, enclosures, or protectors. (5) In no case shall MetTel remove or disconnect NID modules, protectors, or terminals from BA’s NID enclosures. (6) Maintenance and control of premises inside wiring is the responsibility of the Customer. Any conflicts between service providers for access to the Customer’s inside wire must be resolved by the Customer. (7) When MetTel is not connecting a MetTel-provided Loop to the inside wiring of a Customer’s premises through the Customer’s side of the BA NID, MetTel does not need to submit a request to BA and BA shall not charge MetTel for access to the BA NID. In such instances, MetTel shall comply with the provisions of Sections 1(b)(2)-(6) of this Amendment and shall access the Customer’s inside wire in the manner set forth in Section 1(b)(7)(i) of this Amendment. (i) Due to the wide variety of NIDs utilized by BA (based on Customer size and environmental considerations), MetTel may access the Customer’s inside wire, acting as the agent of the Customer, by any of the following means: (A) Where an adequate length of inside wire is present and environmental conditions permit, requesting carrier (i.e., MetTel or MetTel's agent, the building owner, or the Customer) may remove the inside wire from the Customer’s side of the BA NID and connect that wire to MetTel’s NID; (B) Where an adequate length of inside wire is not present or environmental conditions do not permit, MetTel may enter the Customer side of the BA NID enclosure for the purpose of removing the inside wire from the terminals of BA’s NID and connecting a connectorized or spliced jumper wire from a suitable “punch out” hole of such NID enclosure to the inside wire within the space of the Customer side of the BA NID. Such connection shall be electrically insulated and shall not make any contact with the connection points or terminals within the Customer side of the BA NID. (C) MetTel may request BA to make other rearrangements to the inside wire terminations or terminal enclosure on a time and materials cost basis to be charged to the requesting party (i.e. MetTel, its agent, the building owner or the Customer). If MetTel accesses the Customer’s inside wire as described in this Section 1(b)(7)(i)(C), time and materials charges will be billed to the requesting party (i.e. MetTel, its agent, the building owner or the Customer).

NID. (1) Notwithstanding anything set forth in the Interconnection Agreement, subject to the conditions set forth in Section 1(d) of this Amendment and at MetTelPlan B’s request, BA shall permit MetTel Plan B to connect a MetTel Plan B Loop to the inside wiring of a Customer through the use of a BA NID (as such term is hereinafter defined) in the manner set forth in this Section 1(b). MetTel Plan B may access a BA NID either by means of a cross connect (but only if the use of such cross connect is technically feasible) from an adjoining MetTel Plan B NID deployed by MetTel Plan B or, if an entrance module is available in the BA NID, by connecting a MetTel Plan B Loop to the BA NID. When necessary, BA will rearrange its facilities to provide access to an existing Customer’s inside wire. An entrance module is available only if facilities are not connected to it. The Customer shall be responsible for resolving any conflicts between service providers for access to the Customer’s premises and inside wire. (2) In no case shall MetTel Plan B access, remove, disconnect or in any other way rearrange BA’s Loop facilities from BA’s NIDs, enclosures, or protectors. (3) In no case shall MetTel Plan B access, remove, disconnect or in any other way rearrange a Customer’s inside wire from BA’s NIDs, enclosures, or protectors where such Customer inside wire is used in the provision of ongoing telecommunication service to that Customer. (4) In no case shall MetTel Plan B remove or disconnect ground wires from BA’s NIDs, enclosures, or protectors. (5) In no case shall MetTel Plan B remove or disconnect NID modules, protectors, or terminals from BA’s NID enclosures. (6) Maintenance and control of premises inside wiring is the responsibility of the Customer. Any conflicts between service providers for access to the Customer’s inside wire must be resolved by the Customer. (7) When MetTel Plan B is not connecting a MetTelPlan B-provided Loop to the inside wiring of a Customer’s premises through the Customer’s side of the BA NID, MetTel Plan B does not need to submit a request to BA and BA shall not charge MetTel Plan B for access to the BA NID. In such instances, MetTel Plan B shall comply with the provisions of Sections 1(b)(2)-(6) of this Amendment and shall access the Customer’s inside wire in the manner set forth in Section 1(b)(7)(i) of this Amendment. (i) Due to the wide variety of NIDs utilized by BA (based on Customer size and environmental considerations), MetTel Plan B may access the Customer’s inside wire, acting as the agent of the Customer, by any of the following means: (A) Where an adequate length of inside wire is present and environmental conditions permit, requesting carrier (i.e., MetTel Plan B or MetTelPlan B's agent, the building owner, or the Customer) may remove the inside wire from the Customer’s side of the BA NID and connect that wire to MetTelPlan B’s NID; (B) Where an adequate length of inside wire is not present or environmental conditions do not permit, MetTel Plan B may enter the Customer side of the BA NID enclosure for the purpose of removing the inside wire from the terminals of BA’s NID and connecting a connectorized or spliced jumper wire from a suitable “punch out” hole of such NID enclosure to the inside wire within the space of the Customer side of the BA NID. Such connection shall be electrically insulated and shall not make any contact with the connection points or terminals within the Customer side of the BA NID. (C) MetTel Plan B may request BA to make other rearrangements to the inside wire terminations or terminal enclosure on a time and materials cost basis to be charged to the requesting party (i.e. MetTelPlan B, its agent, the building owner or the Customer). If MetTel Plan B accesses the Customer’s inside wire as described in this Section 1(b)(7)(i)(C), time and materials charges will be billed to the requesting party (i.e. MetTelPlan B, its agent, the building owner or the Customer).

NID. (1) Notwithstanding anything set forth in the Interconnection AgreementTerms, subject to the conditions set forth in Section 1(d1(I) of this Amendment Supplemental Agreement No. 1 and at MetTelLightWave’s request, BA Verizon shall permit MetTel LightWave to connect a MetTel LightWave Loop to the inside wiring Inside Wiring of a Customer through the use of a BA Verizon NID (as such term is hereinafter defined) in the manner set forth in this Section 1(b1(B). MetTel Verizon shall provide LightWave with access to NIDs in accordance with, but only to the extent required by, Applicable Law. LightWave may access a BA Verizon NID either by means of a cross connect Cross Connection (but only if the use of such cross connect Cross Connection is technically feasible) from an adjoining MetTel LightWave NID deployed by MetTel LightWave or, if an entrance module is available in the BA Verizon NID, by connecting a MetTel LightWave Loop to the BA Verizon NID. In all cases, Verizon shall perform this Cross Connection. When necessary, BA Verizon will rearrange its facilities to provide access to an existing Customer’s inside wireInside Wire. An entrance module is available only if facilities are not connected to it. The Customer shall be responsible for resolving any conflicts between service providers for access to the Customer’s premises and inside wire. (2) In no case shall MetTel LightWave access, remove, disconnect or in any other way rearrange BAVerizon’s Loop facilities from BAVerizon’s NIDs, enclosures, or protectors. (3) In no case shall MetTel LightWave access, remove, disconnect or in any other way rearrange rearrange, a Customer’s inside wire Inside Wire from BAVerizon’s NIDs, enclosures, or protectors where such Customer inside wire Inside Wire is used in the provision of ongoing telecommunication service Telecommunications Service to that Customer. (4) In no case shall MetTel LightWave remove or disconnect ground wires from BAVerizon’s NIDs, enclosures, or protectors. (5) In no case shall MetTel LightWave remove or disconnect NID modules, protectors, or terminals from BAVerizon’s NID enclosures. (6) Maintenance and control of premises inside wiring Inside Wiring is the responsibility of the Customer. Any conflicts between service providers for access to the Customer’s inside wire Inside Wire must be resolved by the person who controls use of the wire (e.g. the Customer.) (7) When MetTel LightWave is not connecting a MetTelLightWave-provided Loop to the inside wiring Inside Wiring of a Customer’s premises through the Customer’s side of the BA Verizon NID, MetTel LightWave does not need to submit a request to BA Verizon and BA Verizon shall not charge MetTel LightWave for access to the BA Verizon NID. In such instances, MetTel LightWave shall comply with the provisions of Sections 1(b)(2)-(61(B)(2)-(6) of this Amendment Supplemental Agreement No. 1 and shall access the Customer’s inside wire Inside Wire in the manner set forth in Section 1(b)(7)(i1(B)(7)(i) of this AmendmentSupplemental Agreement No. 1. (i) Due to the wide variety of NIDs utilized by BA Verizon (based on Customer size and environmental considerations), MetTel LightWave may access the Customer’s inside wireInside Wire, acting as the agent of the Customer, by any of the following means: (Aa) Where an adequate length of inside wire is present and environmental conditions permit, requesting carrier (i.e., MetTel or MetTel's agent, the building owner, or the Customer) may remove the inside wire from the Customer’s side of the BA NID and connect that wire to MetTel’s NID; (B) Where an adequate length of inside wire Inside Wire is not present or environmental conditions do not permit, MetTel LightWave may enter the Customer side of the BA Verizon NID enclosure for the purpose of removing the inside wire Inside Wire from the terminals of BAVerizon’s NID and connecting a connectorized or spliced jumper wire from a suitable “punch out” hole of such NID enclosure to the inside wire Inside Wire within the space of the Customer side of the BA Verizon NID. Such connection shall be electrically insulated and shall not make any contact with the connection points or terminals within the Customer side of the BA Verizon NID. (Cb) MetTel LightWave may request BA Verizon to make other rearrangements to the inside wire Inside Wire terminations or terminal enclosure on a time and materials cost basis to be charged to the requesting party (i.e. MetTelLightWave, its agent, the building owner or the Customer). If MetTel LightWave accesses the Customer’s inside wire Inside Wire as described in this Section 1(b)(7)(i)(C1(B)(7)(i)(b), time and materials charges will be billed to the requesting party (i.e. MetTelLightWave, its agent, the building owner or the Customer).

NID. (1) Notwithstanding anything set forth in the Interconnection Agreement, subject to the conditions set forth in Section 1(d) of this Amendment and at MetTelEssex’s request, BA shall permit MetTel Essex to connect a MetTel Essex Loop to the inside wiring of a Customer through the use of a BA NID (as such term is hereinafter defined) in the manner set forth in this Section 1(b). MetTel Essex may access a BA NID either by means of a cross connect (but only if the use of such cross connect is technically feasible) from an adjoining MetTel Essex NID deployed by MetTel Essex or, if an entrance module is available in the BA NID, by connecting a MetTel Essex Loop to the BA NID. When necessary, BA will rearrange its facilities to provide access to an existing Customer’s inside wire. An entrance module is available only if facilities are not connected to it. The Customer shall be responsible for resolving any conflicts between service providers for access to the Customer’s premises and inside wire. (2) In no case shall MetTel Essex access, remove, disconnect or in any other way rearrange BA’s Loop facilities from BA’s NIDs, enclosures, or protectors. (3) In no case shall MetTel Essex access, remove, disconnect or in any other way rearrange a Customer’s inside wire from BA’s NIDs, enclosures, or protectors where such Customer inside wire is used in the provision of ongoing telecommunication service to that Customer. (4) In no case shall MetTel Essex remove or disconnect ground wires from BA’s NIDs, enclosures, or protectors. (5) In no case shall MetTel Essex remove or disconnect NID modules, protectors, or terminals from BA’s NID enclosures. (6) Maintenance and control of premises inside wiring is the responsibility of the Customer. Any conflicts between service providers for access to the Customer’s inside wire must be resolved by the Customer. (7) When MetTel Essex is not connecting a MetTelEssex-provided Loop to the inside wiring of a Customer’s premises through the Customer’s side of the BA NID, MetTel Essex does not need to submit a request to BA and BA shall not charge MetTel Essex for access to the BA NID. In such instances, MetTel Essex shall comply with the provisions of Sections 1(b)(2)-(6) of this Amendment and shall access the Customer’s inside wire in the manner set forth in Section 1(b)(7)(i) of this Amendment. (i) Due to the wide variety of NIDs utilized by BA (based on Customer size and environmental considerations), MetTel Essex may access the Customer’s inside wire, acting as the agent of the Customer, by any of the following means: (A) Where an adequate length of inside wire is present and environmental conditions permit, requesting carrier (i.e., MetTel Essex or MetTelEssex's agent, the building owner, or the Customer) may remove the inside wire from the Customer’s side of the BA NID and connect that wire to MetTelEssex’s NID; (B) Where an adequate length of inside wire is not present or environmental conditions do not permit, MetTel Essex may enter the Customer side of the BA NID enclosure for the purpose of removing the inside wire from the terminals of BA’s NID and connecting a connectorized or spliced jumper wire from a suitable “punch out” hole of such NID enclosure to the inside wire within the space of the Customer side of the BA NID. Such connection shall be electrically insulated and shall not make any contact with the connection points or terminals within the Customer side of the BA NID. (C) MetTel Essex may request BA to make other rearrangements to the inside wire terminations or terminal enclosure on a time and materials cost basis to be charged to the requesting party (i.e. MetTelEssex, its agent, the building owner or the Customer). If MetTel Essex accesses the Customer’s inside wire as described in this Section 1(b)(7)(i)(C), time and materials charges will be billed to the requesting party (i.e. MetTelEssex, its agent, the building owner or the Customer).