Common use of Regulatory Authority Clause in Contracts

Regulatory Authority. 30.1 AT&T will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with the performance of its obligations under this Agreement. CLEC will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with its offering of services to CLEC Customers contemplated by this Agreement. CLEC will reasonably cooperate with AT&T in obtaining and maintaining any required approvals for which AT&T is responsible, and AT&T will reasonably cooperate with CLEC in obtaining and maintaining any required approvals for which CLEC is responsible. 30.2 Except as otherwise provided in this Agreement the Parties agree that the rates, terms and conditions of this Agreement will not be superseded by the rates, terms and conditions of any tariff AT&T may file, absent Commission order to the contrary. The Parties agree that CLEC is not precluded from ordering products and services available under any effective AT&T tariff or any tariff that AT&T may file in the future, provided that the products and services are not already available under this Agreement, and provided that CLEC satisfies all conditions contained in such tariff that are material to the particular tariff offering, including, but not limited to, the rates for the selected product or service, and the terms and conditions regarding provisioning. Provided, however, that CLEC shall not be bound by the general terms and conditions of the tariff that are otherwise addressed in this Agreement. 30.2.1 CLEC may also order from a tariff a product or service that is available in its Agreement. Similarly, this Section does not impair AT&T’s right to file tariffs nor does it impair AT&T’s right to file tariffs proposing new products and services and changes in the prices, terms and conditions of existing products and services, including discontinuance or grandfathering of existing features or services, of any telecommunications services that AT&T provides or hereafter provides to CLEC under this Agreement pursuant to the provision of Attachment 1: Resale, nor does it impair CLEC’s right to contest such tariffs before the appropriate Commission, subject to any defenses or arguments AT&T might make in response to CLEC’s contesting of such tariffs.

Regulatory Authority. 30.1 AT&T 1.30.1 SBC ILLINOIS will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with the performance of its obligations under this Agreement. CLEC will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with its offering of services to CLEC Customers contemplated by this Agreement. CLEC will reasonably cooperate with AT&T SBC ILLINOIS in obtaining and maintaining any required approvals for which AT&T SBC ILLINOIS is responsible, and AT&T SBC ILLINOIS will reasonably cooperate with CLEC in obtaining and maintaining any required approvals for which CLEC is responsible. 30.2 1.30.2 Except as otherwise provided in this Agreement Section 1.30.4 below, the Parties agree that the rates, terms and conditions of this Agreement will not be superseded superceded by the rates, terms and conditions of any tariff AT&T SBC may file, absent Commission order to the contrary. The Parties agree that CLEC is not precluded from ordering products and services available under any effective AT&T SBC tariff or any tariff that AT&T SBC may file in the future, future provided that CLEC satisfies all conditions contained in such tariff and provided that the products and services are not already available under this Agreement. (In which case CLEC may incorporate such products and services including legitimately related rates, and provided that CLEC satisfies all conditions contained in such tariff that are material to the particular tariff offering, including, but not limited to, the rates for the selected product or service, and the terms and conditions regarding provisioningby amendment into this Agreement). ProvidedIf CLEC chooses to order products or services under an SBC Illinois tariff, however, that CLEC shall not be it is bound by the general all applicable terms and conditions of the tariff that are otherwise addressed in and shall not seek to apply terms and conditions of this Agreement. 30.2.1 Agreement to the items it orders from the tariff. CLEC may also order is not precluded from a tariff a product or service that is available in its Agreement. Similarly, this Section does not impair AT&T’s right amending the agreement to file tariffs nor does it impair AT&T’s right to file tariffs proposing new products incorporate by reference individual and services and changes in the pricesindependent rates, terms and conditions available to other carriers through Agreement or tariff, even when such products or services are already available under this Agreement, provided such incorporation by reference must include material terms and conditions that are applicable and legitimately related to the requested product or services. 1.30.3 SBC will provide CLEC direct notice of existing products and servicesany tariff or filing which concerns the subject matter of this Agreement whether or not SBC ILLINOIS makes a voluntary filing or is required by any governmental authority to file a tariff or make another similar filing in connection with the performance of any action that would otherwise be governed by this Agreement. The notice shall be served to CLEC concurrent with SBC ILLINOIS making the filing with the governmental authority. 1.30.4 The rates set forth in the Pricing Schedule to this Agreement are subject to change based upon the outcome of Illinois Commerce Commission proceedings affecting wholesale prices which are given general applicability by the Commerce Commission, including discontinuance carrier-specific dockets that are given general applicability, where the outcome produces rates different than the rates set forth in the Pricing Schedule. Absent a stay of such an outcome, the affected rate(s) shall be modified consistent with the outcome via written amendment to the Agreement and/or its Pricing Schedule, as appropriate, within thirty (30) days after receipt of written notice by one Party from the other Party. Where such rate differences are accompanied by or grandfathering are the result of existing features or serviceschanges to terms and conditions that are legitimately related to the item(s) associated with the affected rates, of any telecommunications services that AT&T provides or hereafter provides then the Parties shall include in their amendment conforming modifications to CLEC under this Agreement such terms and conditions. If the Parties disagree as to the appropriate terms and conditions requiring modification due to a price change requested pursuant to this Section, either Party may seek resolution of the provision dispute in accordance with the provisions of Attachment 1: ResaleSection 1.9 of this Article. The modified rates and any associated modified terms and conditions shall take effect upon the effective date set forth in the Commission order that approves the rate. If the order approving the rate is silent as to the effective date, nor does it impair CLECthen the rate would become effective upon the approval of the amendment by the Commission or within sixty (60) days after receipt of the written notice described above, whichever is sooner, unless otherwise agreed to by the parties. Nothing in this Section is intended to limit either Party’s right to contest such tariffs before obtain modification of any rates in this Pricing Schedule or any associated terms and conditions in accordance with other terms of this Agreement, including but not limited to the appropriate Commission, subject to any defenses or arguments AT&T might make Agreement’s “Change in response to CLEC’s contesting Law; Reservation of such tariffsRights” provision Section.

Regulatory Authority. 30.1 AT&T 38.1 AMERITECH-ILLINOIS will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with the performance of its obligations under this Agreement. CLEC will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with its offering of services to CLEC Customers contemplated by this Agreement. CLEC will reasonably cooperate with AT&T AMERITECH-ILLINOIS in obtaining and maintaining any required approvals for which AT&T AMERITECH-ILLINOIS is responsible, and AT&T AMERITECH-ILLINOIS will reasonably cooperate with CLEC in obtaining and maintaining any required approvals for which CLEC is responsible. 30.2 Except as otherwise provided in this Agreement the Parties agree that the rates, terms and conditions 38.2 No Tariff filing will supercede any provision of this Agreement will not be superseded by the rates, terms and conditions of any tariff AT&T may file, absent Commission order to the contraryagreement. The Parties agree that CLEC This Section is not precluded from ordering products and services available under intended to apply to any effective AT&T tariff AMERITECH-ILLINOIS tariffs or any tariff that AT&T may file in the future, provided that the products and services are filings which do not already available affect CLEC’s rights or AMERITECH-ILLINOIS’ obligations to CLEC under this Agreement, and provided that CLEC satisfies all conditions contained in such tariff that are material to the particular tariff offering, including, but not limited to, the rates for the selected product or service, and the terms and conditions regarding provisioning. Provided, however, that CLEC shall not be bound by the general terms and conditions of the tariff that are otherwise addressed in this Agreement. 30.2.1 CLEC may also order from a tariff a product or service that is available in its Agreement. Similarly, this This Section does not impair AT&T’s AMERITECH-ILLINOIS’ right to file tariffs nor does it impair AT&T’s AMERITECH-ILLINOIS’ right to file tariffs proposing new products and services and changes in the prices, terms and conditions of existing products and services, including discontinuance or grandfathering of existing features or services, of any telecommunications services that AT&T AMERITECH-ILLINOIS provides or hereafter provides to CLEC under this Agreement pursuant to the provision of Attachment 1Appendix: Resale, nor does it impair CLEC’s ’ right to contest such tariffs before the appropriate Commission, subject to any defenses or arguments AT&T might make in response to CLEC’s contesting of such tariffs.

Regulatory Authority. 30.1 AT&T 1.30.1 SBC ILLINOIS will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with the performance of its obligations under this Agreement. CLEC TCG will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with its offering of services to CLEC TCG Customers contemplated by this Agreement. CLEC TCG will reasonably cooperate with AT&T SBC ILLINOIS in obtaining and maintaining any required approvals for which AT&T SBC ILLINOIS is responsible, and AT&T SBC ILLINOIS will reasonably cooperate with CLEC TCG in obtaining and maintaining any required approvals for which CLEC TCG is responsible. 30.2 1.30.2 Except as otherwise provided in this Agreement Section 1.30.4 below, the Parties agree that the rates, terms and conditions of this Agreement will not be superseded superceded by the rates, terms and conditions of any tariff AT&T SBC may file, absent Commission order to the contrary. The Parties agree that CLEC TCG is not precluded from ordering products and services available under any effective AT&T SBC tariff or any tariff that AT&T SBC may file in the future, future provided that TCG satisfies all conditions contained in such tariff and provided that the products and services are not already available under this Agreement. (In which case TCG may incorporate such products and services including legitimately related rates, and provided that CLEC satisfies all conditions contained in such tariff that are material to the particular tariff offering, including, but not limited to, the rates for the selected product or service, and the terms and conditions regarding provisioningby amendment into this Agreement). ProvidedIf TCG chooses to order products or services under an SBC Illinois tariff, however, that CLEC shall not be it is bound by the general all applicable terms and conditions of the tariff that are otherwise addressed in and shall not seek to apply terms and conditions of this Agreement. 30.2.1 CLEC may also order Agreement to the items it orders from a tariff a product or service that the tariff. TCG is available in its Agreement. Similarly, this Section does not impair AT&T’s right precluded from amending the agreement to file tariffs nor does it impair AT&T’s right to file tariffs proposing new products incorporate by reference individual and services and changes in the pricesindependent rates, terms and conditions available to other carriers through Agreement or tariff, even when such products or services are already available under this Agreement, provided such incorporation by reference must include material terms and conditions that are applicable and legitimately related to the requested product or services. 1.30.3 SBC will provide TCG direct notice of existing products and servicesany tariff or filing which concerns the subject matter of this Agreement whether or not SBC ILLINOIS makes a voluntary filing or is required by any governmental authority to file a tariff or make another similar filing in connection with the performance of any action that would otherwise be governed by this Agreement. The notice shall be served to TCG concurrent with SBC ILLINOIS making the filing with the governmental authority. 1.30.4 The rates set forth in the Pricing Schedule to this Agreement are subject to change based upon the outcome of Illinois Commerce Commission proceedings affecting wholesale prices which are given general applicability by the Commerce Commission, including discontinuance carrier-specific dockets that are given general applicability, where the outcome produces rates different than the rates set forth in the Pricing Schedule. Absent a stay of such an outcome, the affected rate(s) shall be modified consistent with the outcome via written amendment to the Agreement and/or its Pricing Schedule, as appropriate, within thirty (30) days after receipt of written notice by one Party from the other Party. Where such rate differences are accompanied by or grandfathering are the result of existing features or serviceschanges to terms and conditions that are legitimately related to the item(s) associated with the affected rates, of any telecommunications services that AT&T provides or hereafter provides then the Parties shall include in their amendment conforming modifications to CLEC under this Agreement such terms and conditions. If the Parties disagree as to the appropriate terms and conditions requiring modification due to a price change requested pursuant to this Section, either Party may seek resolution of the provision dispute in accordance with the provisions of Attachment 1: ResaleSection 1.9 of this Article. The modified rates and any associated modified terms and conditions shall take effect upon the effective date set forth in the Commission order that approves the rate. If the order approving the rate is silent as to the effective date, nor does it impair CLECthen the rate would become effective upon the approval of the amendment by the Commission or within sixty (60) days after receipt of the written notice described above, whichever is sooner, unless otherwise agreed to by the parties. Nothing in this Section is intended to limit either Party’s right to contest such tariffs before obtain modification of any rates in this Pricing Schedule or any associated terms and conditions in accordance with other terms of this Agreement, including but not limited to the appropriate Commission, subject to any defenses or arguments AT&T might make Agreement’s “Change in response to CLEC’s contesting Law; Reservation of such tariffsRights” provision Section.

Regulatory Authority. 30.1 AT&T will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with the performance of its obligations under this Agreement. CLEC will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with its offering of services to CLEC Customers contemplated by this Agreement. CLEC will reasonably cooperate with AT&T in obtaining and maintaining any required approvals for which AT&T is responsible, and AT&T will reasonably cooperate with CLEC in obtaining and maintaining any required approvals for which CLEC is responsible. 30.2 Except as otherwise provided in this Agreement the Parties agree that the rates, terms and conditions of this Agreement will not be superseded by the rates, terms and conditions of any tariff AT&T may file, absent Commission order to the contrary. The Parties agree that CLEC is not precluded from ordering products and services available under any effective AT&T tariff or any tariff that AT&T may file in the future, provided that the products and services are not already available under this Agreement, and provided that CLEC satisfies all conditions contained in such tariff that are material to the particular tariff offering, including, but not limited to, the rates for the selected product or service, and the terms and conditions regarding provisioning. Provided, however, that CLEC shall not be bound by the general terms and conditions of the tariff that are otherwise addressed in this Agreement. 30.2.1 CLEC may also order from a tariff a product or service that is available in its Agreement. Similarly, this Section does not impair AT&T’s right to file tariffs nor does it impair AT&T’s right to file tariffs proposing new products and services and changes in the prices, terms and conditions of existing products and services, including discontinuance or grandfathering of existing features or services, of any telecommunications services that AT&T provides or hereafter provides to CLEC under this Agreement pursuant to the provision of Attachment 1: Resale, nor does it impair CLEC’s right to contest such tariffs before the appropriate Commission, subject to any defenses or arguments AT&T might make in response to CLEC’s contesting of such tariffs.

Regulatory Authority. 30.1 AT&T will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with the performance of its obligations under this Agreement. CLEC will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with its offering of services to CLEC Customers contemplated by this Agreement. CLEC will reasonably cooperate with AT&T in obtaining and maintaining any required approvals for which AT&T is responsible, and AT&T will reasonably cooperate with CLEC in obtaining and maintaining any required approvals for which CLEC is responsible. 30.2 Except as otherwise provided in this Agreement the Parties agree that the rates, terms and conditions of this Agreement will not be superseded by the rates, terms and conditions of any tariff AT&T may file, absent Commission order to the contrary. The Parties agree that CLEC is not precluded from ordering products and services available under any effective AT&T tariff or any tariff that AT&T may file in the future, provided that the products and services are not already available under this Agreement, and provided that CLEC satisfies all conditions contained in such tariff that are material to the particular tariff offering, including, but not limited to, the rates for the selected product or service, and the terms and conditions regarding provisioning. Provided, however, that CLEC shall not be bound by the general terms and conditions of the tariff that are otherwise addressed in this Agreement. 30.2.1 CLEC may also order from a tariff a product or service that is available in its Agreement. Similarly, this Section does not impair AT&T’s right to file tariffs nor does it impair AT&T’s right to file tariffs proposing new products and services and changes in the prices, terms and conditions of existing products and services, including discontinuance or grandfathering of existing features or services, of any telecommunications services that AT&T provides or hereafter provides to CLEC under this Agreement pursuant to the provision of Attachment 1: Resale, nor does it impair CLEC’s right to contest such tariffs before the appropriate Commission, subject to any defenses or arguments AT&T might make in response to CLEC’s contesting of such tariffs. 30.3 AT&T OKLAHOMA will provide CLEC with direct notice of any tariff or filing which concerns the subject matter of this Agreement in the same manner and for the same term as set forth in Section 35 for the subjects listed therein.

Regulatory Authority. 30.1 1.30.1 AT&T ILLINOIS will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with the performance of its obligations under this Agreement. CLEC will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with its offering of services to CLEC Customers contemplated by this Agreement. CLEC will reasonably cooperate with AT&T ILLINOIS in obtaining and maintaining any required approvals for which AT&T ILLINOIS is responsible, and AT&T ILLINOIS will reasonably cooperate with CLEC in obtaining and maintaining any required approvals for which CLEC is responsible. 30.2 1.30.2 Except as otherwise provided in this Agreement Section 1.30.4 below, the Parties agree that the rates, terms and conditions of this Agreement will not be superseded superceded by the rates, terms and conditions of any tariff AT&T may file, absent Commission order to the contrary. The Parties agree that CLEC is not precluded from ordering products and services available under any effective AT&T tariff or any tariff that AT&T may file in the future, future provided that CLEC satisfies all conditions contained in such tariff and provided that the products and services are not already available under this Agreement. (In which case CLEC may incorporate such products and services including legitimately related rates, and provided that CLEC satisfies all conditions contained in such tariff that are material to the particular tariff offering, including, but not limited to, the rates for the selected product or service, and the terms and conditions regarding provisioningby amendment into this Agreement). ProvidedIf CLEC chooses to order products or services under an AT&T Illinois tariff, however, that CLEC shall not be it is bound by the general all applicable terms and conditions of the tariff that are otherwise addressed in and shall not seek to apply terms and conditions of this Agreement. 30.2.1 Agreement to the items it orders from the tariff. CLEC may also order is not precluded from a tariff a product or service that is available in its Agreement. Similarly, this Section does not impair AT&T’s right amending the agreement to file tariffs nor does it impair AT&T’s right to file tariffs proposing new products incorporate by reference individual and services and changes in the pricesindependent rates, terms and conditions available to other carriers through Agreement or tariff, even when such products or services are already available under this Agreement, provided such incorporation by reference must include material terms and conditions that are applicable and legitimately related to the requested product or services. 1.30.3 AT&T will provide CLEC direct notice of existing products and servicesany tariff or filing which concerns the subject matter of this Agreement whether or not AT&T ILLINOIS makes a voluntary filing or is required by any governmental authority to file a tariff or make another similar filing in connection with the performance of any action that would otherwise be governed by this Agreement. The notice shall be served to CLEC concurrent with AT&T ILLINOIS making the filing with the governmental authority. 1.30.4 The rates set forth in the Pricing Schedule to this Agreement are subject to change based upon the outcome of Illinois Commerce Commission proceedings affecting wholesale prices which are given general applicability by the Commerce Commission, including discontinuance carrier-specific dockets that are given general applicability, where the outcome produces rates different than the rates set forth in the Pricing Schedule. Absent a stay of such an outcome, the affected rate(s) shall be modified consistent with the outcome via written amendment to the Agreement and/or its Pricing Schedule, as appropriate, within thirty (30) days after receipt of written notice by one Party from the other Party. Where such rate differences are accompanied by or grandfathering are the result of existing features or serviceschanges to terms and conditions that are legitimately related to the item(s) associated with the affected rates, of any telecommunications services that AT&T provides or hereafter provides then the Parties shall include in their amendment conforming modifications to CLEC under this Agreement such terms and conditions. If the Parties disagree as to the appropriate terms and conditions requiring modification due to a price change requested pursuant to this Section, either Party may seek resolution of the provision dispute in accordance with the provisions of Attachment 1: ResaleSection 1.9 of this Article. The modified rates and any associated modified terms and conditions shall take effect upon the effective date set forth in the Commission order that approves the rate. If the order approving the rate is silent as to the effective date, nor does it impair CLECthen the rate would become effective upon the approval of the amendment by the Commission or within sixty (60) days after receipt of the written notice described above, whichever is sooner, unless otherwise agreed to by the parties. Nothing in this Section is intended to limit either Party’s right to contest such tariffs before obtain modification of any rates in this Pricing Schedule or any associated terms and conditions in accordance with other terms of this Agreement, including but not limited to the appropriate Commission, subject to any defenses or arguments AT&T might make Agreement’s “Change in response to CLEC’s contesting Law; Reservation of such tariffsRights” provision Section.

Regulatory Authority. 30.1 AT&T SBC TEXAS will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with the performance of its obligations under this Agreement. CLEC will be responsible for obtaining and keeping in effect all Federal Communications Commission, state regulatory commission, franchise authority and other regulatory approvals that may be required in connection with its offering of services to CLEC Customers contemplated by this Agreement. CLEC will reasonably cooperate with AT&T SBC TEXAS in obtaining and maintaining any required approvals for which AT&T SBC TEXAS is responsible, and AT&T SBC TEXAS will reasonably cooperate with CLEC in obtaining and maintaining any required approvals for which CLEC is responsible. 30.2 Except as otherwise provided in this Agreement the Parties agree that the rates, terms and conditions of this Agreement will not be superseded by the rates, terms and conditions of any tariff AT&T SBC TEXAS may file, absent Commission order to the contrary. The Parties agree that CLEC is not precluded from ordering products and services available under any effective AT&T SBC TEXAS tariff or any tariff that AT&T SBC TEXAS may file in the future, provided that the products and services are not already available under this Agreement, and provided that CLEC satisfies all conditions contained in such tariff that are material to the particular tariff offering, including, but not limited to, the rates for the selected product or service, and the terms and conditions regarding provisioning. Provided, however, that CLEC shall not be bound by the general terms and conditions of the tariff that are otherwise addressed in this Agreement. 30.2.1 CLEC may also order from a tariff a product or service that is available in its Agreement. Similarly, this Section does not impair AT&T’s SBC TEXAS’ right to file tariffs nor does it impair AT&T’s SBC TEXAS’ right to file tariffs proposing new products and services and changes in the prices, terms and conditions of existing products and services, including discontinuance or grandfathering of existing features or services, of any telecommunications services that AT&T SBC TEXAS provides or hereafter provides to CLEC under this Agreement pursuant to the provision of Attachment 1: Resale, nor does it impair CLEC’s right to contest such tariffs before the appropriate Commission, subject to any defenses or arguments AT&T SBC TEXAS might make in response to CLEC’s contesting of such tariffs.. # Conformed to Docket 28821