Common use of RESALE OF LOCAL SERVICES Clause in Contracts

RESALE OF LOCAL SERVICES. 36.1. Scope. CenturyLink retail Telecommunications Services shall be available for resale at wholesale prices pursuant to 47 USC §251(c)(4). 36.1.1. Voluntary Federal and State Subscriber Financial Assistance Programs. Subsidized local Telecommunications Services are provided to low-income subscribers pursuant to requirements established by the appropriate state regulatory body, and include programs such as Voluntary Federal Subscriber Financial Assistance Program and Link-Up America. Voluntary Federal and State Subscriber Financial Assistance Programs are not Telecommunications Services that are available for resale under this Agreement. 36.1.2. CenturyLink shall offer for resale to CLEC all Grandfathered Services solely for the existing grandfathered base on a customer specific basis. CenturyLink shall make reasonable efforts to provide CLEC with advance copy of any request for the termination of service and/or grandfathering to be filed by CenturyLink with the Commission. 36.1.3. CenturyLink shall offer for resale all of its Telecommunications Services available at retail to subscribers who are not Telecommunications Carriers, including but not limited to Contract Service Arrangements (or ICB), Special Arrangements (or ICB), and Promotions in excess of ninety (90) Days, all in accordance with FCC and Commission Rules and Regulations. For Contract Service Arrangements, Special Arrangements, or ICBs, the end-user customer’s agreement with CenturyLink will terminate and any applicable termination liabilities will be charged to the end-user customer. The terms of the Contract Service Arrangement, Special Arrangement or ICB will apply commencing on the date CLEC commences to provide service to the end-user customer and ending on the end date of the Contract Service Arrangement, Special Arrangement or ICB. CenturyLink will apply the rate in the Contract Service Arrangement, Special Arrangement or ICB in accordance with FCC and Commission Rules and Regulations, 36.1.4. Customer Owned Coin Operated Telephone (COCOT) or Pay Telephone Access lines will not be resold to payphone service providers at wholesale prices under this Agreement. 36.1.5. For Telecommunications Services that are offered by CenturyLink to its end users and that are available for resale, the rules and regulations associated with CenturyLink’s retail Tariff(s) shall apply when the services are resold by CLEC. Use limitations shall be in Parity with services offered by CenturyLink to its end users. 36.1.6. Except as set forth above and as may be allowed by the FCC or Commission, CenturyLink shall not place conditions or restrictions on CLEC’s resale of wholesale regulated Telecommunications Services, except for restrictions on the resale of residential service to other classifications (e.g., residential service to business customers) and for promotions of ninety (90) Days or less in length. In addition, CLEC shall be prohibited from marketing its products using the CenturyLink product name (e.g., CLEC may purchase the features package called “CenturyLink Essential” but shall be prohibited from reselling this product using the CenturyLink brand name or the CenturyLink product name). Every regulated retail service rate, including promotions over ninety (90) Days in length, discounts, and option plans will have a corresponding wholesale rate. CenturyLink will make wholesale Telecommunications Service offerings available for all new regulated services at the same time the retail service becomes available. 36.1.7. Voice Mail Service is not a Telecommunications Service available for resale under this Agreement. However, where available, CenturyLink shall make available for Local Resale the SMDI-E (Station Message Desk Interface- Enhanced), or SMDI (Station Message Desk Interface) where SMDI-E is not available, feature capability allowing for Voice Mail Services. CenturyLink shall make available the MWI (Message Waiting Indicator) interrupted dial tone and message waiting light feature capabilities where technically available. CenturyLink shall make available CF-B/DA (Call Forward on Busy/Don't Answer), CF/B (Call Forward on Busy), and CF/DA (Call Forward Don't Answer) feature capabilities allowing for Voice Mail services. Where available, CLEC may purchase Voice Mail Service and related services for its end users at CenturyLink’s retail rates.

RESALE OF LOCAL SERVICES. 36.1. Scope. CenturyLink retail Telecommunications Services shall be available for resale at wholesale prices pursuant to 47 USC §251(c)(4). 36.1.1. Voluntary Federal and State Subscriber Financial Assistance Programs. Subsidized local Telecommunications Services are provided to low-income subscribers pursuant to requirements established by the appropriate state regulatory body, and include programs such as Voluntary Federal Subscriber Financial Assistance Program and Link-Up America. Voluntary Federal and State Subscriber Financial Assistance Programs are not Telecommunications Services that are available for resale under this Agreement. 36.1.2. CenturyLink shall offer for resale to CLEC all Grandfathered Services solely for the existing grandfathered base on a customer specific basis. CenturyLink shall make reasonable efforts to provide CLEC with advance copy of any request for the termination of service and/or grandfathering to be filed by CenturyLink with the Commission. 36.1.3. CenturyLink shall offer for resale all of its Telecommunications Services available at retail to subscribers who are not Telecommunications Carriers, including but not limited to Contract Service Arrangements (or ICB), Special Arrangements (or ICB), and Promotions in excess of ninety (90) Days, all in accordance with FCC and Commission Rules and Regulations. For Contract Service Arrangements, Special Arrangements, or ICBs, the end-user customer’s agreement with CenturyLink will terminate and any applicable termination liabilities will be charged to the end-user customer. The terms of the Contract Service Arrangement, Special Arrangement or ICB will apply commencing on the date CLEC commences to provide service to the end-user customer and ending on the end date of the Contract Service Arrangement, Special Arrangement or ICB. CenturyLink will apply the rate in the Contract Service Arrangement, Special Arrangement or ICB in accordance with FCC and Commission Rules and Regulations, 36.1.4. Customer Owned Coin Operated Telephone (COCOT) or Pay Telephone Access lines will not be resold to payphone service providers at wholesale prices under this Agreement. 36.1.5. For Telecommunications Services that are offered by CenturyLink to its end users and that are available for resale, the rules and regulations associated with CenturyLink’s retail Tariff(s) shall apply when the services are resold by CLEC. Use limitations shall be in Parity with services offered by CenturyLink to its end users. 36.1.6. Except as set forth above and as may be allowed by the FCC or Commission, CenturyLink shall not place conditions or restrictions on CLEC’s resale of wholesale regulated Telecommunications Services, except for restrictions on the resale of residential service to other classifications (e.g., residential service to business customers) and for promotions of ninety (90) Days or less in length. In addition, CLEC shall be prohibited from marketing its products using the CenturyLink product name (e.g., CLEC may purchase the features package called “CenturyLink Essential” but shall be prohibited from reselling this product using the CenturyLink brand name or the CenturyLink product name). Every regulated retail service rate, including promotions over ninety (90) Days in length, discounts, and option plans will have a corresponding wholesale rate. CenturyLink will make wholesale Telecommunications Service offerings available for all new regulated services at the same time the retail service becomes available. 36.1.7. Voice Mail Service is not a Telecommunications Service available for resale under this Agreement. However, where available, CenturyLink shall make available for Local Resale the SMDI-E (Station Message Desk Interface- Enhanced), or SMDI (Station Message Desk Interface) where SMDI-E is not available, feature capability allowing for Voice Mail Services. CenturyLink shall make available the MWI (Message Waiting Indicator) interrupted dial tone and message waiting light feature capabilities where technically available. CenturyLink shall make available CF-B/DA (Call Forward on Busy/Don't Answer), CF/B (Call Forward on Busy), and CF/DA (Call Forward Don't Answer) feature capabilities allowing for Voice Mail services. Where available, CLEC may purchase Voice Mail Service and related services for its end users at CenturyLink’s retail rates.ninety