Common use of Spectrum Management Clause in Contracts

Spectrum Management. The Parties shall comply with the FCC’s lawful and effective spectrum management rules, 47 C.F.R. §51.231- 233, as such rules may be modified from time to time. Climax will advise AT&T MICHIGAN on the ordering form of the Power Spectral Density ("PSD") mask approved or proposed by T1.E1 that reflects the service performance parameters of the technology that Climax intends to provision, and Climax will notify AT&T MICHIGAN if and when a change in PSD mask is made. AT&T MICHIGAN shall use such PSD information solely for inventory and spectrum management purposes and in all cases, will manage the spectrum and differing xDSL services in a competitively neutral manner consistent with all relevant industry standards. AT&T MICHIGAN shall not deny Climax a loop based upon spectrum management issues in the absence of FCC or Commission approval. In the event that the FCC or the industry establishes long-term standards, practices and policies relating to spectrum compatibility and management that differ from those referenced in this Agreement, the Parties shall comply with such standards, practices and policies and will establish a mutually agreeable transition plan and timeframe for implementation; provided, however, if AT&T MICHIGAN and/or Climax is providing xDSL technologies for which there was previously no standard, then that Party must begin the process of bringing its deployed xDSL technology(ies) and equipment into compliance with such standards at its own expense within thirty (30) days after general availability.

Spectrum Management. The Parties shall comply with the FCC’s lawful and effective spectrum management rules, 47 C.F.R. §51.231- 51.231 - 233, as such rules may be modified from time to time. Climax PFN will advise AT&T MICHIGAN on the ordering form of the Power Spectral Density ("PSD") mask approved or proposed by T1.E1 T1 .E1 that reflects the service performance parameters of the technology that Climax PFN intends to provision, and Climax PFN will notify AT&T MICHIGAN if and when a change in PSD mask is made. AT&T MICHIGAN shall use such PSD information solely for inventory and spectrum management purposes and in all cases, will manage the spectrum and differing xDSL services in a competitively neutral manner consistent with all relevant industry standards. AT&T MICHIGAN shall not deny Climax PFN a loop based upon spectrum management issues in the absence of FCC or Commission approval. In the event that the FCC or the industry establishes long-term standards, practices and policies relating to spectrum compatibility and management that differ from those referenced in this Agreement, the Parties shall comply with such standards, practices and policies and will establish a mutually agreeable transition plan and timeframe for implementation; provided, however, if AT&T MICHIGAN and/or Climax PFN is providing xDSL technologies for which there was previously no standard, then that Party must begin the process of bringing its deployed xDSL technology(ies) and equipment into compliance with such standards at its own expense within thirty (30) days after general availability.