Common use of Standards for Network Elements Clause in Contracts

Standards for Network Elements. 3.1 Each Network Element shall be furnished at a service level equal to or better than the requirements set forth in the technical references referenced in the following, as well as any performance or other requirements, identified herein. In the event Xxxx Communications Research, Inc. (“Bellcore”), or industry standard (e.g., American National Standards Institute (“ANSI”) technical reference or a more recent version of such reference sets forth a different requirement, MCIm may elect, where Technically Feasible, that such standard shall apply. 3.2 If one or more of the requirements set forth in this Agreement with respect to BellSouth’s obligations to MCIm are in conflict, MCIm shall elect which requirement shall apply. 3.3 Each Network Element provided by BellSouth to MCIm shall be at least equal in the quality of design, performance, features, functions, capabilities and other characteristics, including but not limited to levels and types of redundant equipment and facilities for power, diversity and security, that BellSouth provides to itself, BellSouth's own subscribers, to a BellSouth Affiliate or to any other entity. 3.3.1 BellSouth shall provide to MCIm, upon request, engineering, design, performance and other network data sufficient for MCIm to determine that the requirements of this Section 3 are being met. In the event that such data indicates that the requirements of this Section 3 are not being met, BellSouth shall, within ten (10) days, cure any design, performance or other deficiency, or, if the failure is not susceptible to cure within ten (10) days shall commence and continue its best efforts to correct such failure as soon as possible, and provide new data sufficient for MCIm to determine that such deficiencies have been cured. 3.3.2 BellSouth agrees to work cooperatively with MCIm to provide Network Elements that will meet MCIm's needs in providing services to its subscribers. 3.4 Unless otherwise requested by MCIm, each Network Element and the connections between Network Elements provided by BellSouth to MCIm shall be made available to MCIm on a priority basis, at any Technically Feasible point, that is equal to or better than the priorities that BellSouth provides to itself, BellSouth's own BellSouth subscribers, to a BellSouth Affiliate or to any other entity.

Appears in 1 contract

Samples: Interconnection Agreement

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Standards for Network Elements. 3.1 Each Network Element shall be furnished at a service level equal to or better than the requirements set forth in the technical references referenced in the following, as well as any performance or other requirements, identified herein. In the event Xxxx Communications Research, Inc. (“Bellcore”), or industry standard (e.g., American National Standards Institute (“ANSI”) technical reference or a more recent version of such reference sets forth a different requirement, MCIm may elect, where Technically Feasible, that such standard shall apply. 3.2 If one or more of the requirements set forth in this Agreement with respect to BellSouth’s obligations to MCIm MCI are in conflict, MCIm shall elect which requirement shall apply. 3.3 Each Network Element provided by BellSouth to MCIm shall be at least equal in the quality of design, performance, features, functions, capabilities and other characteristics, including but not limited to levels and types of redundant equipment and facilities for power, diversity and security, that BellSouth provides to itself, BellSouth's own subscribers, to a BellSouth Affiliate or to any other entity. 3.3.1 BellSouth shall provide to MCIm, upon request, engineering, design, performance and other network data sufficient for MCIm to determine that the requirements of this Section 3 are being met. In the event that such data indicates that the requirements of this Section 3 are not being met, BellSouth shall, within ten (10) days, cure any design, performance or other deficiency, or, if the failure is not susceptible to cure within ten (10) days shall commence and continue its best efforts to correct such failure as soon as possible, and provide new data sufficient for MCIm to determine that such deficiencies have been cured. 3.3.2 BellSouth agrees to work cooperatively with MCIm to provide Network Elements that will meet MCIm's needs in providing services to its subscribers. 3.4 Unless otherwise requested by MCIm, each Network Element and the connections between Network Elements provided by BellSouth to MCIm shall be made available to MCIm on a priority basis, at any Technically Feasible point, that is equal to or better than the priorities that BellSouth provides to itself, BellSouth's ’s own BellSouth subscribers, to a BellSouth Affiliate or to any other entity.

Appears in 1 contract

Samples: Interconnection Agreement

Standards for Network Elements. 3.1 Each Network Element shall be furnished at a service level equal to or better than the requirements set forth in the technical references referenced in the followingthis Attachment III, as well as any performance or other requirements, requirements identified herein. In the event Xxxx Bell Communications Research, Inc. (“Bellcore”), or industry standard (e.g., American National Standards Institute (“ANSI) technical reference or a more recent version of such reference sets forth a different requirement, MCIm may elect, where Technically Feasibletechnically feasible, that such standard shall apply. 3.2 If one or more of the requirements set forth in this Agreement with respect to BellSouth’s obligations to MCIm are in conflict, MCIm shall elect may, where a choice is technically and operationally feasible, request which requirement shall apply. 3.3 Each Network Element provided by BellSouth BA to MCIm shall be at least equal in the quality of design, performance, features, functions, capabilities and other characteristics, including including, but not limited to to, levels and types of redundant equipment and facilities for power, diversity and security, that BellSouth BA provides to itself, BellSouthBA's own subscribers, to a BellSouth BA Affiliate or to any other entity. 3.3.1 BellSouth BA shall provide to MCIm, upon request, engineering, design, performance and other non-proprietary network data sufficient for MCIm to determine that the requirements of this Section 3 are being met. In the event that such data indicates that the requirements of this Section 3 are not being met, BellSouth shall, within ten (10) days, BA shall make a good faith effort to cure any design, performance or other deficiency, or, if the failure is not susceptible to cure deficiency within ten (10) days shall commence and continue its best efforts to correct such failure as soon as possible, and provide new data sufficient for MCIm to determine that such deficiencies have been cured. If such deficiency is not cured within said ten-day period, BA shall use its best efforts to cure such deficiency as soon as possible thereafter. 3.3.1.1 BA will bear the financial responsibility for demonstrating that Network Elements are being provided at parity. 3.3.2 BellSouth BA agrees to work cooperatively with MCIm XXXx to provide Network Elements to the extent technically feasible that will meet MCIm's needs in providing services to its subscribers. 3.4 Unless otherwise requested by MCIm, each Network Element and the connections between Network Elements provided by BellSouth BA to MCIm shall be made available to MCIm on a priority an expedited basis, at any Technically Feasible technically feasible point, that is equal to or better than the priorities that BellSouth BA provides to itself, BellSouthBA's own BellSouth subscribers, to a BellSouth BA Affiliate or to any other entity.

Appears in 1 contract

Samples: Interconnection Agreement

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Standards for Network Elements. 3.1 Each Network Element shall be furnished at a service level equal to or better than the requirements set forth in the technical references referenced in the following, as well as any performance or other requirements, identified herein. In the event Xxxx Communications Research, Inc. ("Bellcore"), or industry standard (e.g., American National Standards Institute ("ANSI") technical reference or a more recent version of such reference sets forth a different requirement, MCIm may elect, where Technically Feasible, that such standard shall apply. 3.2 If one or more of the requirements set forth in this Agreement with respect to BellSouth’s ' s obligations to MCIm MCI are in conflict, MCIm shall elect which requirement shall apply. 3.3 Each Network Element provided by BellSouth to MCIm shall be at least equal in the quality of design, performance, features, functions, capabilities and other characteristics, including but not limited to levels and types of redundant equipment and facilities for power, diversity and security, that BellSouth provides to itself, BellSouth's own subscribers, to a BellSouth Affiliate or to any other entity. 3.3.1 BellSouth shall provide to MCIm, upon request, engineering, design, performance and other network data sufficient for MCIm to determine that the requirements of this Section 3 are being met. In the event that such data indicates that the requirements of this Section 3 are not being met, BellSouth shall, within ten (10) days, cure any design, performance or other deficiency, or, if the failure is not Attachment III - 3 MCIm-BellSouth Mississippi Interconnection Agreement susceptible to cure within ten (10) days shall commence and continue its best efforts to correct such failure as soon as possible, and provide new data sufficient for MCIm to determine that such deficiencies have been cured. 3.3.2 BellSouth agrees to work cooperatively with MCIm to provide Network Elements that will meet MCIm's needs in providing services to its subscribers. 3.4 Unless otherwise requested by MCIm, each Network Element and the connections between Network Elements provided by BellSouth to MCIm shall be made available to MCIm on a priority basis, at any Technically Feasible point, that is equal to or better than the priorities that BellSouth provides to itself, BellSouth's own BellSouth subscribers, to a BellSouth Affiliate or to any other entity.

Appears in 1 contract

Samples: Interconnection Agreement (Itc Deltacom Inc)

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