Transition Period Pricing. From March 11, 2005, through the completion of the Transition Period, BellSouth shall charge a rate for Nexus’s Embedded Base of Dark Fiber Loops equal to the higher of:
2.2.4.1 115% of the rate paid for that element on June 15, 2004; or
2.2.4.2 115% of a new rate the Commission establishes, if any, between June 16, 2004 and March 11, 2005.
2.2.4.3 These rates shall be as set forth in Exhibit A Attachment 2 of the Agreement and this Section 2.2.4.
2.2.4.4 The Transition Period shall apply only to Nexus’s Embedded Base and Nexus shall not add new Dark Fiber Loops pursuant to this Agreement.
Transition Period Pricing. From March 11, 2005 through March 10, 2006, AT&T shall charge a rate for NuVox’s Embedded Base of DS1 and DS3 Loops and NuVox’s Excess DS1 and DS3 Loops equal to 115% of the rate paid by NuVox for those elements on June 15, 2004. The Transition Period rate for DS1 and DS3 Loops shall be as set forth in the Pricing Schedule and this Section 2.2.6.
2.2.6.1 No later than March 10, 2006, or as soon as practicable thereafter, NuVox shall submit spreadsheet(s) identifying all of the Embedded Base of DS1 and DS3 Loops and Excess DS1 and DS3 Loops to be either disconnected or converted to other AT&T arrangements, as Conversions or Rearrangements, or transitioned to wholesale facilities obtained from other carriers, or to self-provisioned facilities. If NuVox chooses to convert DS1 and DS3 Loops to special access circuits, AT&T will include such DS1 and DS3 Loops within NuVox’s total special access circuits, and will apply any discounts to which NuVox is entitled. The Parties shall negotiate a project schedule for the Conversion of the Embedded Base and Excess DS1 and DS3 Loops. Conversions will be subject to the switch-as-charge set forth in the Pricing Schedule. In the case of disconnection, the applicable disconnect charge set forth in the Agreement shall apply.
2.2.6.2 If NuVox failed to submit the spreadsheet(s) specified in Section 2.2.6.1 above for all of its Embedded Base and Excess DS1 and DS3 Loops on or before March 10, 2006, or as soon as practicable thereafter, AT&T will identify NuVox’s remaining Embedded Base of DS1 and DS3 Loops and Excess DS1 and DS3 Loops, if any, and will transition such Loops to the equivalent tariffed AT&T service(s). Those facilities identified and transitioned by AT&T pursuant to this Section 2.2.6.2 shall be subject to all applicable disconnect charges as set forth in the Agreement and the full nonrecurring charges for installation of the equivalent tariffed AT&T service, as set forth in AT&T’s tariffs.
2.2.6.3 For Embedded Base DS1 and DS3 Loops and Excess DS1 and DS3 Loops converted pursuant to Section 2.2.6.1 above or transitioned pursuant to Section
Transition Period Pricing. From March 11, 2005, through the completion of the Transition Period, AT&T shall charge a rate for Dialog’s Embedded Base of Dark Fiber Loops equal to the higher of:
2.2.4.1 115% of the rate paid for that element on June 15, 2004; or
2.2.4.2 115% of a new rate the Commission establishes, if any, between June 16, 2004 and March 11, 2005.
2.2.4.3 These rates shall be as set forth in Exhibit A to Attachment 2 of the Agreement and this Section 2.2.4.
2.2.4.4 The Transition Period shall apply only to Dialog’s Embedded Base and Dialog shall not add new Dark Fiber Loops pursuant to this Agreement.
Transition Period Pricing. From March 11, 2005, through the completion of the Transition Period, BellSouth shall charge a rate for Sprint’s Embedded Base of Local Switching equal to the higher of:
4.2.3.1 The rate at which Sprint leased that combination of elements on June 15, 2004, plus one dollar ($1); or
4.2.3.2 The rate the Commission established, if any, between June 16, 2004, and the effective date of the TRRO, plus one dollar ($1).
4.2.3.3 These rates shall be as set forth in Exhibit A and this Section 4.
Transition Period Pricing. Absent any independent Commission or FCC ruling that access to Declassified DS1 and DS3 Loops must be made available pursuant to applicable federal or state law at rates different than those set forth in immediately below; Verizon may charge, on a prospective basis only, up to the following rates for CLEC’s customer base existing as of the effective date of the TRRO:
(i) For Declassified DS1 and DS3 Loops, Verizon’s rates shall not exceed the greater of:
(1) 115% of the TELRIC rate CLEC paid for that element on June 15, 2004; or
(2) 115% of the TELRIC rate the Commission establishes, if any, between June 16, 2004 and the effective date of the TRRO.
Transition Period Pricing. From March 11, 2005 through September 10, 2006, BellSouth shall charge a rate for NuVox’s Embedded Base of Dark Fiber Loops equal to 115% of the rate paid by NuVox for that element on June 15, 2004. The Transition Period rate for Dark Fiber Loops shall be as set forth in Exhibit C to Attachment 2 of the Agreement and this Section 2.8.3.
Transition Period Pricing. From March 11, 2005, through the completion of the Transition Period, BellSouth shall charge a rate for DeltaCom’s Embedded Base of Dark Fiber Loops equal to the higher of:
2.8.4.4.1 115% of the rate paid for that element on June 15, 2004; or
2.8.4.4.2 115% of a new rate the Commission establishes, if any, between June 16, 2004 and March 11, 2005
2.8.4.4.3 These rates shall be as set forth in Exhibit A to Attachment 2 of the Agreement and this Section 2.8.4.4.
Transition Period Pricing. FromMarch 11, 2005, through the completion of the Transition Period, AT&T shall charge/collect a rate for Nexus’s Embedded Base of DS1 and DS3 Dedicated Transport and for Nexus’s Excess DS1 and DS3 Dedicated Transport, as described in this Section 4.2, equal to the higher of:
4.2.9.1 115% of the rate paid for that element on June 15, 2004; or
4.2.9.2 115% of a new rate the Commission establishes, if any, between June 16, 2004 and March 11, 2005.
4.2.9.3 These rates shall be as set forth in Exhibit A to Attachment 2 of the Agreement and this Section 4.2.9.
4.2.9.4 FromMarch 11, 2005, through the completion of the Transition Period, AT&T shall charge/collect a rate for Nexus’s Embedded Base Entrance Facilities as set forth in Exhibit A to Attachment 2 of the Agreement and this Section 4.2.9.
Transition Period Pricing. From March 11, 2005, through the completion of the Transition Period, AT&T shall charge/collect a rate for Dialog’s Embedded Base of DS1 and DS3 Dedicated Transport and for Dialog’s Excess DS1 and DS3 Dedicated Transport, as described in this Section 4.2, equal to the higher of:
4.2.9.1 115% of the rate paid for that element on June 15, 2004; or
4.2.9.2 115% of a new rate the Commission establishes, if any, between June 16, 2004 and March 11, 2005.
4.2.9.3 These rates shall be as set forth in Exhibit A to Attachment 2 of the Agreement and this Section 4.2.9.
4.2.9.4 From March 11, 2005, through the completion of the Transition Period, AT&T shall charge/collect a rate for Dialog’s Embedded Base Entrance Facilities as set forth in Exhibit A to Attachment 2 of the Agreement and this Section 4.2.9.
Transition Period Pricing. From March 11, 2005, through the completion of the Transition Period, AT&T shall charge a rate for SouthEast’s Embedded Base of Dark Fiber Loops equal to the higher of:
2.1.6.2.4.1 115% of the rate paid for that element on June 15, 2004; or
2.1.6.2.4.2 115% of a new rate the Commission establishes, if any, between June 16, 2004 and March 11, 2005.
2.1.6.2.4.3 These rates shall be as set forth in Exhibit 1 to Attachment 2 of the Agreement and this Section 2.1.6.2.
2.1.6.2.4.4 The Transition Period shall apply only to SouthEast’s Embedded Base and SouthEast shall not add new Dark Fiber Loops pursuant to this Agreement.
