Common use of SBC ILLINOIS Leasing of Facilities from CLEC Clause in Contracts

SBC ILLINOIS Leasing of Facilities from CLEC. 3.6.1 Where SBC ILLINOIS chooses to lease facilities from CLEC as the method of Interconnection, SBC ILLINOIS will transport traffic to the designated POI in CLEC's Switch Centers by using DS1 facilities furnished by CLEC. Such facilities will be used by SBC ILLINOIS solely for purposes of delivering Local Traffic and IntraLATA Toll Traffic originating in SBC ILLINOIS' network for termination on CLEC's local network. The POI will be established pursuant to the requirements of Section 3.2. 3.6.1.1 If SBC ILLINOIS requests to lease CLEC provided facilities, CLEC will determine the availability of DS1 transport capacity between SBC ILLINOIS and CLEC in order to fulfill the Interconnection access request. If capacity is available, CLEC will notify SBC ILLINOIS and provide Connecting Facility Assignments (CFA). If DS1 capacity is not available from CLEC provided facilities, CLEC will notify SBC ILLINOIS that CLEC will not fulfill the Interconnection access request. CLEC will have no obligation to add facilities to meet SBC ILLINOIS request. 3.6.1.2 If SBC ILLINOIS leases facilities from CLEC, such facilities will be provided pursuant to CLEC’s standard terms and conditions for that service, except that the rates specified in the Pricing Schedule shall supersede the corresponding rates in such standard terms and conditions. 3.6.1.3 The standard interval for CLEC provided facilities is thirty-three (33) Business Days from the date of receipt of SBC ILLINOIS’ ASR. However, the initial request for Interconnection at an CLEC Switch Center will be regarded as a project and therefore require negotiated intervals on an individual case basis. 3.6.2 Where SBC ILLINOIS elects to Interconnect with CLEC using the method described in Section 3.4.2 and does not have sufficient capacity on its transport equipment in the LEC Access Equipment Room in CLEC's Switch Center to meet the Interconnection traffic requirements, SBC ILLINOIS may use facilities leased from CLEC. CLEC will provide SBC ILLINOIS ninety (90) calendar days prior notice of its intent to begin accepting incoming traffic from SBC ILLINOIS. Interim facilities leased from CLEC will be provided by CLEC pursuant to the requirements of Section 3.6.1, subject to the following: 3.6.2.1 If SBC ILLINOIS elects to use CLEC provided DS1 facilities for an interim period, SBC ILLINOIS will pay CLEC the non-recurring charge and the monthly recurring charge for these facilities, subject to the discount described below. 3.6.2.2 No discounts shall apply if the additional equipment that SBC ILLINOIS must install can be added to existing bays in the space. 3.6.2.3 If SBC ILLINOIS elects the addition of a new bay to complete Interconnection via a Space License, and CLEC gives SBC ILLINOIS less than ninety (90) calendar days advance notice of its intention to accept incoming traffic, the DS1 rate will be reduced by one sixtieth (1/60) of the monthly recurring charge for each day less than such ninety (90) calendar days of the notification of intent to accept incoming traffic. The discounted rate will only be applicable for a period of no longer than one hundred and fifty (150) calendar days from the date CLEC informed SBC ILLINOIS of its intention to accept incoming traffic. At the one hundred and fifty first (151st) calendar day, the discounts will no longer apply. SBC ILLINOIS may use these facilities as a permanent method of Interconnection or to transition to physical a Space License as a method of Interconnection. If SBC ILLINOIS opts to transition to a Space License facilities, CLEC will waive additional non- recurring charges. If SBC ILLINOIS elects to keep leased facilities as a permanent method of Interconnection, CLEC will bill SBC ILLINOIS for, and SBC ILLINOIS will repay, the discounts that were applied in the interim period.

SBC ILLINOIS Leasing of Facilities from CLEC. 3.6.1 Where SBC ILLINOIS chooses to lease facilities from CLEC as the method of Interconnection, SBC ILLINOIS will transport traffic to the designated POI in CLEC's Switch Centers by using DS1 facilities furnished by CLEC. Such facilities will be used by SBC ILLINOIS solely for purposes of delivering Local Traffic and IntraLATA Toll Traffic originating in SBC ILLINOIS' network for termination on CLEC's local network. The POI will be established pursuant to the requirements of Section 3.2. 3.6.1.1 If SBC ILLINOIS requests to lease CLEC provided facilities, CLEC will determine the availability of DS1 transport capacity between SBC ILLINOIS and CLEC in order to fulfill the Interconnection access request. If capacity is available, CLEC will notify SBC ILLINOIS and provide Connecting Facility Assignments (CFA). If DS1 capacity is not available from CLEC provided facilities, CLEC will notify SBC ILLINOIS that CLEC will not fulfill the Interconnection access request. CLEC will have no obligation to add facilities to meet SBC ILLINOIS request. 3.6.1.2 If SBC ILLINOIS leases facilities from CLEC, such facilities will be provided pursuant to CLEC’s standard terms and conditions for that service, except that the rates specified in the Pricing Schedule shall supersede the corresponding rates in such standard terms and conditions. 3.6.1.3 The standard interval for CLEC provided facilities is thirty-three (33) Business Days from the date of receipt of SBC ILLINOIS’ ASR. However, the initial request for Interconnection at an CLEC Switch Center will be regarded as a project and therefore require negotiated intervals on an individual case basis. 3.6.2 Where SBC ILLINOIS elects to Interconnect with CLEC using the method described in Section 3.4.2 and does not have sufficient capacity on its transport equipment in the LEC Access Equipment Room in CLEC's Switch Center to meet the Interconnection traffic requirements, SBC ILLINOIS may use facilities leased from CLEC. CLEC will provide SBC ILLINOIS ninety (90) calendar days prior notice of its intent to begin accepting incoming traffic from SBC ILLINOIS. Interim facilities leased from CLEC will be provided by CLEC pursuant to the requirements of Section 3.6.1, subject to the following: 3.6.2.1 If SBC ILLINOIS elects to use CLEC provided DS1 facilities for an interim period, SBC ILLINOIS will pay CLEC the non-recurring charge and the monthly recurring charge for these facilities, subject to the discount described below. 3.6.2.2 No discounts shall apply if the additional equipment that SBC ILLINOIS must install can be added to existing bays in the space. 3.6.2.3 If SBC ILLINOIS elects the addition of a new bay to complete Interconnection via a Space License, and CLEC gives SBC ILLINOIS less than ninety (90) calendar days advance notice of its intention to accept incoming traffic, the DS1 rate will be reduced by one sixtieth (1/60) of the monthly recurring charge for each day less than such ninety (90) calendar days of the notification of intent to accept incoming traffic. The discounted rate will only be applicable for a period of no longer than one hundred and fifty (150) calendar days from the date CLEC informed SBC ILLINOIS of its intention to accept incoming traffic. At the one hundred and fifty first (151st) calendar day, the discounts will no longer apply. SBC ILLINOIS may use these facilities as a permanent method of Interconnection or to transition to physical a Space License as a method of Interconnection. If SBC ILLINOIS opts to transition to a Space License facilities, CLEC will waive additional non- recurring charges. If SBC ILLINOIS elects to keep leased facilities as a permanent method of Interconnection, CLEC will bill SBC ILLINOIS for, and SBC ILLINOIS will repay, the discounts that were applied in the interim period. 3.7.1 CLEC will provide a written leased facility request that will specify the A- and Z- ends (CLLI codes, where known), equipment and multiplexing required and provide quantities requested. Requests for leasing of facilities for the purposes of Interconnection and any future augmentations are subject to facility availability at the time of the request. Applicable rates, terms and conditions will be determined at the time of the request. 3.7.2 Any request by CLEC for leased facilities where facilities, equipment, or riser cable do not exist will be considered by SBC ILLINOIS under the Bona Fide Request (“BFR”) Process set forth in Schedule 2.2 of the Agreement.

SBC ILLINOIS Leasing of Facilities from CLEC. 3.6.1 Where SBC ILLINOIS chooses to lease facilities from CLEC as the method of Interconnection, SBC ILLINOIS will transport traffic to the designated POI in CLEC's Switch Centers by using DS1 facilities furnished by CLEC. Such facilities will be used by SBC ILLINOIS solely for purposes of delivering Local Traffic and IntraLATA Toll Traffic originating in SBC ILLINOIS' network for termination on CLEC's local network. The POI will be established pursuant to the requirements of Section 3.2. 3.6.1.1 If SBC ILLINOIS requests to lease CLEC provided facilities, CLEC will determine the availability of DS1 transport capacity between SBC ILLINOIS and CLEC in order to fulfill the Interconnection access request. If capacity is available, CLEC will notify SBC ILLINOIS and provide Connecting Facility Assignments (CFA). If DS1 capacity is not available from CLEC provided facilities, CLEC will notify SBC ILLINOIS that CLEC will not fulfill the Interconnection access request. CLEC will have no obligation to add facilities to meet SBC ILLINOIS request. 3.6.1.2 If SBC ILLINOIS leases facilities from CLEC, such facilities will be provided pursuant to CLEC’s standard terms and conditions for that service, except that the rates specified in the Pricing Schedule shall supersede the corresponding rates in such standard terms and conditions. 3.6.1.3 The standard interval for CLEC provided facilities is thirty-three (33) Business Days from the date of receipt of SBC ILLINOIS’ ASR. However, the initial request for Interconnection at an CLEC Switch Center will be regarded as a project and therefore require negotiated intervals on an individual case basis. 3.6.2 Where SBC ILLINOIS elects to Interconnect with CLEC using the method described in Section 3.4.2 and does not have sufficient capacity on its transport equipment in the LEC Access Equipment Room in CLEC's Switch Center to meet the Interconnection traffic requirements, SBC ILLINOIS may use facilities leased from CLEC. CLEC will provide SBC ILLINOIS ninety (90) calendar days prior notice of its intent to begin accepting incoming traffic from SBC ILLINOIS. Interim facilities leased from CLEC will be provided by CLEC pursuant to the requirements of Section 3.6.1, subject to the following: 3.6.2.1 If SBC ILLINOIS elects to use CLEC provided DS1 facilities for an interim period, SBC ILLINOIS will pay CLEC the non-recurring charge and the monthly recurring charge for these facilities, subject to the discount described below. 3.6.2.2 No discounts shall apply if the additional equipment that SBC ILLINOIS must install can be added to existing bays in the space. 3.6.2.3 If SBC ILLINOIS elects the addition of a new bay to complete Interconnection via a Space License, and CLEC gives SBC ILLINOIS less than ninety (90) calendar days advance notice of its intention to accept incoming traffic, the DS1 rate will be reduced by one sixtieth (1/60) of the monthly recurring charge for each day less than such ninety (90) calendar days of the notification of intent to accept incoming traffic. The discounted rate will only be applicable for a period of no longer than one hundred and fifty (150) calendar days from the date CLEC informed SBC ILLINOIS of its intention to accept incoming traffic. At the one hundred and fifty first (151st) calendar day, the discounts will no longer apply. SBC ILLINOIS may use these facilities as a permanent method of Interconnection or to transition to physical a Space License as a method of Interconnection. If SBC ILLINOIS opts to transition to a Space License facilities, CLEC will waive additional non- recurring charges. If SBC ILLINOIS elects to keep leased facilities as a permanent method of Interconnection, CLEC will bill xxxx SBC ILLINOIS for, and SBC ILLINOIS will repay, the discounts that were applied in the interim period.