Common use of Overbuilds Clause in Contracts

Overbuilds. Sprint will not provide non-discriminatory access to FTTH Loop or FTTC Loop on an unbundled basis when Sprint has deployed a FTTH Loop or FTTC Loop parallel to, or in replacement of, an existing loop facility, except that: 44.12.2.1. Sprint will maintain the existing Copper Loop connected to a particular customer premises after deploying FTTH Loop or FTTC Loop and provide non-discriminatory access to the Copper Loop on an unbundled basis unless Sprint has retired the Copper Loop as set forth below. 44.12.2.2. If Sprint deploys FTTH Loop or FTTC Loop and maintains the existing Copper Loop, Sprint will restore the Copper Loop to serviceable condition upon request. 44.12.2.3. If Sprint deploys FTTH Loop or FTTC Loop and retires the existing Copper Loop, Sprint will provide non-discriminatory access to a 64 kilobits per second transmission path capable of voice grade service over the FTTH Loop or FTTC Loop. 44.12.2.4. Prior to retiring Copper Loop or copper subloop that has been replaced with FTTH Loop or FTTC Loop Sprint will comply with the notice requirements set forth in 251(c)(5) of the Act, Sections 51.325 through 51.335 of the Code of Federal Regulations and applicable Commission requirements, if any.

Overbuilds. Sprint will not provide non-discriminatory access to FTTH Loop or FTTC Loop on an unbundled basis when Sprint has deployed a FTTH Loop or FTTC Loop parallel to, or in replacement of, an existing loop facility, except that: 44.12.2.143.12.2.1. Sprint will maintain the existing Copper Loop connected to a particular customer premises after deploying FTTH Loop or FTTC Loop and provide non-discriminatory access to the Copper Loop on an unbundled basis unless Sprint has retired the Copper Loop as set forth below. 44.12.2.243.12.2.2. If Sprint deploys FTTH Loop or FTTC Loop and maintains the existing Copper Loop, Sprint will restore the Copper Loop to serviceable condition upon request. 44.12.2.343.12.2.3. If Sprint deploys FTTH Loop or FTTC Loop and retires the existing Copper Loop, Sprint will provide non-discriminatory access to a 64 kilobits per second transmission path capable of voice grade service over the FTTH Loop or FTTC Loop. 44.12.2.443.12.2.4. Prior to retiring Copper Loop or copper subloop that has been replaced with FTTH Loop or FTTC Loop Sprint will comply with the notice requirements set forth in 251(c)(5) of the Act, Sections 51.325 through 51.335 of the Code of Federal Regulations and applicable Commission requirements, if any.

Overbuilds. Sprint will not provide non-discriminatory access to FTTH Loop or FTTC Loop on an unbundled basis when Sprint has deployed a FTTH Loop or FTTC Loop parallel to, or in replacement of, an existing loop facility, except that: 44.12.2.144.9.2.1. Sprint will maintain the existing Copper Loop connected to a particular customer premises after deploying FTTH Loop or FTTC Loop and provide non-discriminatory access to the Copper Loop on an unbundled basis unless Sprint has retired the Copper Loop as set forth below. 44.12.2.244.9.2.2. If Sprint deploys FTTH Loop or FTTC Loop and maintains the existing Copper Loop, Sprint will restore the Copper Loop to serviceable condition upon request. 44.12.2.344.9.2.3. If Sprint deploys FTTH Loop or FTTC Loop and retires the existing Copper Loop, Sprint will provide non-discriminatory access to a 64 kilobits per second transmission path capable of voice grade service over the FTTH Loop or FTTC Loop. 44.12.2.444.9.2.4. Prior to retiring Copper Loop or copper subloop that has been replaced with FTTH Loop or FTTC Loop Sprint will comply with the notice requirements set forth in 251(c)(5) of the Act, Sections 51.325 through 51.335 of the Code of Federal Regulations and applicable Commission requirements, if any.

Overbuilds. Sprint CenturyLink will not provide non-discriminatory access to FTTH Loop or FTTC Loop on an unbundled basis when Sprint CenturyLink has deployed a FTTH Loop or FTTC Loop parallel to, or in replacement of, an existing loop facility, except that: 44.12.2.1. Sprint CenturyLink will maintain the existing Copper Loop connected to a particular customer premises after deploying FTTH Loop or FTTC Loop and provide non-discriminatory access to the Copper Loop on an unbundled basis unless Sprint CenturyLink has retired the Copper Loop as set forth below. 44.12.2.2. If Sprint CenturyLink deploys FTTH Loop or FTTC Loop and maintains the existing Copper Loop, Sprint CenturyLink will restore the Copper Loop to serviceable condition upon request. 44.12.2.3. If Sprint CenturyLink deploys FTTH Loop or FTTC Loop and retires the existing Copper Loop, Sprint CenturyLink will provide non-non- discriminatory access to a 64 kilobits per second transmission path capable of voice grade service over the FTTH Loop or FTTC Loop. 44.12.2.4. Prior to retiring Copper Loop or copper subloop that has been replaced with FTTH Loop or FTTC Loop Sprint CenturyLink will comply with the notice requirements set forth in 251(c)(5) of the Act, Sections 51.325 through 51.335 of the Code of Federal Regulations and applicable Commission requirements, if any.

Overbuilds. Sprint CenturyLink will not provide non-discriminatory access to FTTH Loop or FTTC Loop on an unbundled basis when Sprint CenturyLink has deployed a FTTH Loop or FTTC Loop parallel to, or in replacement of, an existing loop facility, except that: 44.12.2.1. Sprint CenturyLink will maintain the existing Copper Loop connected to a particular customer premises after deploying FTTH Loop or FTTC Loop and provide non-discriminatory access to the Copper Loop on an unbundled basis unless Sprint CenturyLink has retired the Copper Loop as set forth below. 44.12.2.2. If Sprint CenturyLink deploys FTTH Loop or FTTC Loop and maintains the existing Copper Loop, Sprint CenturyLink will restore the Copper Loop to serviceable condition upon request. 44.12.2.3. If Sprint CenturyLink deploys FTTH Loop or FTTC Loop and retires the existing Copper Loop, Sprint CenturyLink will provide non-non- discriminatory access to a 64 kilobits per second transmission path capable of voice grade service over the FTTH Loop or FTTC Loop. 44.12.2.4. Prior to retiring Copper Loop or copper subloop that has been replaced with FTTH Loop or FTTC Loop Sprint CenturyLink will comply with the notice requirements set forth in 251(c)(5) of the Act, Sections 51.325 through 51.335 of Title 47 of the Code of Federal Regulations and applicable Commission requirements, if any.