Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from WCS for unbundled access to a TRRO Certification Element and the certification required by Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Verizon shall process the request in accordance with any applicable standard intervals. If Verizon wishes to challenge WCS's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Verizon elects to invoke under the dispute resolution provisions of this Agreement.
1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Verizon’s favor, then WCS shall compensate Verizon for the additional charges that would apply if WCS had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 1.7.2.2.1 below as to Dark Fiber Transport) and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as WCS requests disconnection of the subject facility or an alternative term that Verizon offers under its interstate special access tariff for the subject facility or service.
1.7.2.2.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring charges that Verizon may charge, and that WCS shall be obligated to pay, for each circuit shall be shall be the charges for the commercial service that Verizon, in its sole discretion, determines to be analogous to the subject Dark Fiber Transport and, unless otherwise agreed in writing by the Parties, Verizon may, without further notice, disconnect the subject dark fiber facility within thirty (30) days of the date on which the dispute is resolved in Verizon's favor. In any case where WCS, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates specified above, but only for the duration of the standard interval for installation of t...
Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from Level 3 for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge Level 3's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative.
3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives Level 3's certification under Section 3.6.1 above, must notify Level 3 that Verizon disputes the subject order.
3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then Level 3 shall compensate Verizon for the additional charges
2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as Level 3: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If Level 3 has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply.
3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that Level 3 shall be obliged to pay, for each circuit shall be no greater than the lowest rates Level 3 could have obtained in the first instance (for the facility to be repriced) had Level 3 not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where Level 3, within thirty (30) days of the date on which the disp...
Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from Onvoy for unbundled access to a TRRO Certification Element and the certification required by Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Frontier shall process the request in accordance with any applicable standard intervals. If Frontier wishes to challenge Xxxxx's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Frontier must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Frontier elects to invoke under the dispute resolution provisions of this Agreement.
1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Frontier’s favor, then Onvoy shall compensate Frontier for the additional charges that would apply if Onvoy had ordered the subject facility or service on a month-to-month term under Frontier's interstate special access tariff and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as Onvoy requests disconnection of the subject facility or an alternative term that Frontier offers under its interstate special access tariff for the subject facility or service.
Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from ENT for unbundled access to a TRRO Certification Element and the certification required by Section 1.7.1 above, and except as provided in Section
Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from CPV for unbundled access to a TRRO Certification Element and the certification required by Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Verizon shall process the request in accordance with any applicable standard intervals. If Verizon wishes to challenge CPV's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Verizon elects to invoke under the dispute resolution provisions of this Agreement.
1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Verizon’s favor, then CPV shall compensate Verizon for the additional charges that would apply if CPV had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 1.7.2.2.1 below as to Dark Fiber Transport) and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as CPV requests disconnection of the subject
Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from NexGen for unbundled access to a TRRO Certification Element and the certification required by Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Verizon shall process the request in accordance with any applicable standard intervals. If Verizon wishes to challenge XxxXxx's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section
Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from ***CLEC Acronym TXT*** for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge ***CLEC Acronym TXT***'s right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3)[ and applicable law], Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative.
Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from TWCIS (MA) for unbundled access to a TRRO Certification Element and the certification required by Section
Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from TCG for unbundled access to a TRRO Certification Element and the certification required by Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Frontier shall process the request in accordance with any applicable standard intervals. If Frontier wishes to challenge TCG 's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Frontier must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Frontier elects to invoke under the dispute resolution provisions of this Agreement.
1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Frontier’s favor, then TCG shall compensate Frontier for the additional charges that would apply if TCG had ordered the subject facility or service on a month-to-month term under Frontier's interstate special access tariff (except as provided in section 1.7.2.2.1 below as to Dark Fiber Transport) and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as TCG requests disconnection of the subject facility or an alternative term that Frontier offers under its interstate special access tariff for the subject facility or service.
1.7.2.2.1 In the case of Dark Fiber Transport (there being no analogous service under Frontier's access tariffs), the monthly recurring charges that Frontier may charge, and that TCG shall be obligated to pay, for each circuit shall be shall be the charges for the commercial service that Frontier, in its sole discretion, determines to be analogous to the subject Dark Fiber Transport and, unless otherwise agreed in writing by the Parties, Frontier may, without further notice, disconnect the subject dark fiber facility within thirty (30) days of the date on which the dispute is resolved in Frontier's favor. In any case where TCG , within thirty (30) days of the date on which the dispute is resolved in Frontier's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Frontier shall continue to provide the Dark Fiber Transport facility at the rates specified above, but only for the duration of the standard interval for ...
Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from NexGen for unbundled access to a TRRO Certification Element and the certification required by Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Verizon shall process the request in accordance with any applicable standard intervals. If Verizon wishes to challenge XxxXxx's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section
