Notice to Adopting CLECs. 1.4.1 Notwithstanding anything to the contrary in this Pricing Schedule and Agreement, in the event that any other CLEC should seek to adopt the Agreement pursuant to Section 252(i) of the Act (“Adopting CLEC”), the Adopting CLEC would only be entitled to the current and/or interim rates set forth in this Agreement as of the date that the MFN’d Agreement provisions become effective between AT&T-21STATE and the Adopting CLEC (i.e., following the date the Commission approves or is deemed to have approved the Adopting CLEC’s Section 252(i) adoption (“MFN Effective Date”)) and on a prospective basis only. Nothing in this Agreement shall entitle an Adopting CLEC to any retroactive application of any rates under this Agreement to any date prior to the MFN Effective Date and any adopting CLEC is foreclosed from making any such claim hereunder.
Notice to Adopting CLECs. 1.4.1 Notwithstanding anything to the contrary in this Pricing Schedule and Agreement, in the event that any other CLEC should seek to adopt the Agreement pursuant to Section 252(i) of the Act (“Adopting CLEC”), the Adopting CLEC would only be entitled to the current and/or interim rates set forth in this Agreement as of the date that the MFN’d Agreement provisions become effective between AT&T-21STATE and the Adopting CLEC (i.e., following the date the Commission approves or is deemed to have approved the Adopting CLEC’s Section 252(i) adoption (“MFN Effective Date”)) and on a prospective basis only. Nothing in this Agreement shall entitle an Adopting CLEC to any retroactive application of any rates under this Agreement to any date prior to the MFN Effective Date and any adopting CLEC is foreclosed from making any such claim hereunder.
1.4.2 AT&T-21STATE obligation, under this Agreement, per the GT&C is to only provide Interconnection Services for which complete rates, terms and conditions are contained in this Agreement. Accordingly, to the extent CLEC orders a product or service for which there are not complete rates, terms and conditions contained in this Agreement, AT&T-21STATE may reject the order. CLEC must amend this Agreement to allow ordering of products and services for which complete rates, terms and conditions did not exist as of the Effective Date of the Agreement to the extent such product or service is still available at the time of the request. In the event that CLEC orders, and AT&T-21STATE provisions, a product or service to CLEC for which there are not complete rates, terms and conditions in this Agreement, then CLEC understands and agrees that one of the following will occur:
1.4.3 CLEC shall pay for the product or service provisioned to CLEC at the rates set forth in AT&T-21STATE’s applicable intrastate tariff(s) for the product or service or, to the extent there are no tariff rates, terms or conditions available for the product or service in the applicable state, then CLEC shall pay for the product or service at AT&T-21STATE’s current generic contract rate for the product or service set forth in AT&T- 21STATE’s applicable state-specific generic Pricing Sheet as published on the AT&T CLEC Online website; or
1.4.4 CLEC will be billed and shall pay for the product or service as provided in Section 1.4.3 above, and AT&T- 21STATE may, without further obligation, reject future orders and further provisioning of the product or service until...
Notice to Adopting CLECs. 1.4.1 Notwithstanding anything to the contrary in this Pricing Schedule and Agreement, in the event that any other CLEC should seek to adopt the Agreement pursuant to Section 252(i) of the Act (“Adopting CLEC”), the Adopting CLEC would only be entitled to the current and/or interim rates set forth in this Agreement as of the date that the adopted Agreement provisions become effective between AT&T-21STATE and the Adopting CLEC (i.e., following the date the Commission approves or is deemed to have approved the Adopting CLEC’s Section 252(i) adoption (“MFN Effective Date”)) and on a prospective basis only. Nothing in this Agreement shall entitle an Adopting CLEC to any retroactive application of any rates under this Agreement to any date prior to the MFN Effective Date, and any Adopting CLEC is foreclosed from making any such claim hereunder. Page 92 of 102 Pricing Schedule/AT&T-21STATE Page 4 of 5 MEDALLION TELECOM, INC. Version: 4Q15 – Resale – 10/20/15
