Common use of Nondiscriminatory Access to and Provision of Network Elements Clause in Contracts

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. 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 SBC 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 SBC provides to CLEC hereunder shall be at least equal in quality to that which SBC-AMERITECH SBC provides to itself, its subsidiaries, Affiliates and any other person unless SBC-AMERITECH SBC 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 SBC provides to itself. 9.4.3 SBC-AMERITECH SBC shall provide CLEC access to Unbundled Network Elements and Operations Support Systems functions, including the time within which SBC-AMERITECH SBC provisions such access to Network Elements, on terms and conditions no less favorable than the terms and conditions under which SBC-AMERITECH SBC 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 SBC 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 SBC 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 SBC 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. 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 AT&T 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 AT&T 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 AT&T 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 AT&T access to Unbundled 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 CLECAT&T, SBC-AMERITECH shall provide to CLEC AT&T 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 AT&T for SBC-AMERITECH to provide any Network Element or access thereto that is different in quality shall be made by CLEC AT&T in accordance with Section 9.6.

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- 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-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-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. 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- 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-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. 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 Ele ment 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. 9.4.1 The quality of a an unbundled Network Element provided on an unbundled basis as well as the quality of the access to such unbundled Network Element that SBC-AMERITECH Ameritech provides to CLEC 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 that is to be provided on an unbundled basisElement, as well as the quality of the access to such Network Element, that SBC- AMERITECH Ameritech provides to CLEC Requesting Carrier hereunder shall be at least equal in quality to that which SBC-AMERITECH Ameritech provides to itself, its subsidiaries, Affiliates and any other person person, unless SBC-AMERITECH Ameritech proves to the Commission that it is not technically feasible to provide the Network Element requested by CLEC Requesting Carrier, or access to such Network Element Element, at a level of quality that is equal to that which SBC-AMERITECH Ameritech provides to itself. 9.4.3 SBC-AMERITECH Consistent with Requesting Carrier’s forecasted volumes and subject to the terms and conditions of Section 19.5, Ameritech shall provide CLEC Requesting Carrier access to Unbundled Network Elements and Operations Support Systems functions, including the time within which SBC-AMERITECH Ameritech provisions such access to Network Elements, on terms and conditions no less favorable than the terms and conditions under which SBC-AMERITECH Ameritech provides such unbundled network elements to itself, its subsidiaries, Affiliates and any other person person, except as may be provided by the Commission. 9.4.4 Upon Notwithstanding anything to the request of CLECcontrary contained herein, SBC-AMERITECH if Requesting Carrier submits to Ameritech manual orders for Network Elements, Ameritech shall provide to CLEC a Network Element and access to such manually ordered Network Element that is different in quality Elements on terms and conditions no less favorable than the terms and conditions under which Ameritech provides manually-ordered elements to that required under Sections 9.4.2 itself, its subsidiaries, Affiliates 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 9.6other person.