Nondiscriminatory Access to and Provision of Network Elements. 9.4.1 The quality of an unbundled Network Element, as well as the quality of the access to such unbundled Network Element that CBT provides to CLEC, shall be (i) the same for all Telecommunications Carriers requesting access to such Network Element; and (ii) at least equal in quality to that which CBT provides to itself, its subsidiaries, affiliates or any other person, unless CBT proves to the Commission that it is not technically feasible to provide the Network Element requested by CLEC, or access to such Network Element at a level of quality that is equal to that which CBT provides itself.
9.4.2 CBT shall provide CLEC access to Network Elements, on terms and conditions no less favorable than the terms and conditions under which CBT provides such elements to itself, its subsidiaries, affiliates and any other person, including the time within which CBT provisions such access to Network Elements, except as may be provided by the Commission pursuant to Section 9.1.2.
Nondiscriminatory Access to and Provision of Network Elements. IX.4.1 The quality of an unbundled Network Element as well as the quality of the access to such unbundled Network Element that Ameritech provides to Requesting Carrier shall be the same for all Telecommunications Carriers requesting access to such Network Element.
Nondiscriminatory Access to and Provision of Network Elements. 9.4.1 The quality of an unbundled Network Element as well as the quality of the access to such unbundled Network Element that Ameritech provides to Requesting Carrier shall be the same for all Telecommunications Carriers requesting access to such Network Element.
9.4.2 The quality of a Network Element, as well as the quality of the access to such Network Element, that Ameritech provides to Requesting Carrier hereunder shall be equal in quality to that which Ameritech provides to itself, its subsidiaries, Affiliates and any other person, unless Ameritech proves to the Commission that it is not technically feasible to provide the Network Element requested by Requesting Carrier, or access to such Network Element, at a level of quality that is equal to that which Ameritech provides to itself.
9.4.3 Consistent with Requesting Carrier’s forecasted volumes and subject to the terms and conditions of Section 19.5, Ameritech shall provide Requesting Carrier access to Network Elements and Operations Support Systems functions, including the time within which Ameritech provisions such access to Network Elements, on terms and conditions no less favorable than the terms and conditions under which Ameritech provides such elements to itself, its subsidiaries, Affiliates and any other person, except as may be provided by the Commission.
Nondiscriminatory Access to and Provision of Network Elements. 9.4.1 The quality of a Network Element provided on an unbundled basis as well as the quality of the access to such Network Element that SBC-AMERITECH provides to CLEC shall be the same for all Telecommunications Carriers requesting access to such Network Element.
9.4.2 The quality of a Network Element that is to be provided on an unbundled basis, as well as the quality of the access to such Network Element, that SBC- AMERITECH provides to CLEC hereunder shall be at least equal in quality to that which SBC-AMERITECH provides to itself, its subsidiaries, Affiliates and any other person unless SBC-AMERITECH proves to the Commission that it is not technically feasible to provide the Network Element requested by CLEC or access to such Network Element at a level of quality that is equal to that which SBC-AMERITECH provides to itself.
9.4.3 SBC-AMERITECH shall provide CLEC access to Unbundled Network Elements and Operations Support Systems functions, including the time within which SBC-AMERITECH provisions such access to Network Elements, on terms and conditions no less favorable than the terms and conditions under which SBC-AMERITECH provides such unbundled network elements to itself, its subsidiaries, Affiliates and any other person except as may be provided by the Commission.
9.4.4 Upon the request of CLEC, SBC-AMERITECH shall provide to CLEC a Network Element and access to such Network Element that is different in quality to that required under Sections 9.4.2 and 9.4.3, unless SBC-AMERITECH proves to the Commission that it is not technically feasible to provide the requested Network Element or access to such Network Element at the requested level of quality. Any request by CLEC for SBC-AMERITECH to provide any Network Element or access thereto that is different in quality shall be made by CLEC in accordance with Section 9.6.
Nondiscriminatory Access to and Provision of Network Elements. IX.4.1 The quality of an unbundled Network Element as well as the quality of the access to such unbundled Network Element that Ameritech provides to Requesting Carrier shall be the same for all Telecommunications Carriers requesting access to such Network Element.
IX.4.2 The quality of a Network Element, as well as the quality of the access to such Network Element, that Ameritech provides to Requesting Carrier hereunder shall be equal in quality to that which Ameritech provides to itself, its subsidiaries, Affiliates and any other person, unless Ameritech proves to the Commission that it is not technically feasible to provide the Network Element requested by WL 116994, 1999 Lexis 3671 (1999). ). In addition, the Parties acknowledge that on November 5, 1999, the FCC issued its Third Report and Order and Fourth Further Notice of Proposed Rulemaking in CC Docket No. 96-96 (FCC 99-238), including the FCC’s Supplemental Order issued In the Matter of the Local Competition Provisions of the Telecommunications Act of 1996, in CC Docket No. 96-98 (FCC 99-370) (rel. November 24, 1999), portions of which become effective thirty (30) days following publication of such Order in the Federal Register (February 17, 2000) and other portions of which become effective 120 days following publication of such Order in the Federal Register (May 17, 2000). If this Agreement is inconsistent with any order rendered by the FCC, state regulatory agency, or a court of competent jurisdiction, Ameritech may, by providing written notice to Requesting Carrier, require that any affected provision of this Agreement be deleted or renegotiated as applicable, in good faith and Agreement be amended accordingly.” Requesting Carrier, or access to such Network Element, at a level of quality that is equal to that which Ameritech provides to itself.
IX.4.3 Consistent with Requesting Carrier’s forecasted volumes and subject to the terms and conditions of Section 19.5, Ameritech shall provide Requesting Carrier access to Network Elements and Operations Support Systems functions, including the time within which Ameritech provisions such access to Network Elements, on terms and conditions no less favorable than the terms and conditions under which Ameritech provides such elements to itself, its subsidiaries, Affiliates and any other person, except as may be provided by the Commission.
Nondiscriminatory Access to and Provision of Network Elements. 9.10.1 The quality of a Network Element, as well as the quality of the access to such Network Element, that Ameritech provides to Consolidated hereunder shall be the same that Ameritech provides to itself, its subsidiaries, Affiliates and any other person, unless Ameritech proves to the Commission that it is technically infeasible to provide access to Network Elements, or a Network Element at the same level of quality that Ameritech provide such access or Network Element to itself.
9.10.2 Ameritech shall provide Consolidated access to Network Elements, including the time within which Ameritech provisions such access to Network Elements, on terms and conditions no less favorable than the terms and conditions under which Ameritech provides such elements to itself, its subsidiaries, Affiliates and any other person.
9.10.3 Upon the request of Consolidated and to the extent technically feasible, Ameritech shall provide to Consolidated a Network Element and access to such Network Element that is different in quality to that required under Sections 9.10.1 and 9.
Nondiscriminatory Access to and Provision of Network Elements. 9.4.1 Subject to Section 9.4.3, the quality of an unbundled Network Element, as well as the quality of the access to such unbundled Network Element that Ameritech provides to MCIm, shall be (i) the same for all Telecommunications Carriers requesting access to such Network Element and (ii) at least equal in quality to that which Ameritech providesto itself, its subsidiaries, Affiliates or any other person, unless Ameritech proves to the Commissionthat it is not technically feasible to provide the Network Element requested by MCIm or access to such Network Element at a level of quality that is equal to that which Ameritech provides to itself.
9.4.2 Subject to Section 9.4.3, Ameritech shall provide MCIm access to Network Elements, on terms and conditions no less favorable than the terms and conditions under which Ameritech provides such elements to itself, its subsidiaries, Affiliates and any other person, including the time within which Ameritech provisions such access to Network Elements, except as may be provided by the Commission pursuant to Section 9.1.2.
9.4.3 Upon the request of MCIm, Ameritech shall provide to MCIm a Network Element and access to such Network Element that is different in quality to that required under Sections 9.4.1 and unless Ameritech proves to the Commission that it is not technically feasible to provide the requested Network Element or access to such Network Element at the requested level of quality. Any request by MCIm for Ameritech to provide any Network Element or access thereto that is different in quality shall be made by MCIm in accordance with Section 9.6.
Nondiscriminatory Access to and Provision of Network Elements. 9.4.1 Subject to Section 9.4.4, the quality of an unbundled Network Element as well as the quality of the access to such unbundled Network Element that Ameritech provides to CLEC shall be the same for all Telecommunications Carriers requesting access to such Network Element.
Nondiscriminatory Access to and Provision of Network Elements. 9.4.1 The quality of an unbundled Network Element as well as the quality of the access to such unbundled Network Element that Ameritech provides to Requesting Carrier be the same for all Telecommunications Carriers requesting access to such Network Element.
9.4.2 The quality of a Network Element, as well as the quality of the access to such Network Element, that Ameritech provides to Requesting Carrier hereunder shall be equal in quality to that which Ameritech provides to itself, its subsidiaries, Affiliates and any other person, unless Ameritech proves to the Commission that it is not technically feasible to provide the Network Element requested by Requesting Carrier, or access to such Network Element, at a level of quality that is equal to that which Ameritech provides to itself
Nondiscriminatory Access to and Provision of Network Elements. The quality of a Network Element provided on an unbundled basis as well as the quality of the access to such Network Element that SBC-AMERITECH provides to AT&T shall be the same for all Telecommunications Carriers requesting access to such Network Element.
