Common use of Unbundled Network Elements Clause in Contracts

Unbundled Network Elements. 32.1 GTE will offer Network Elements to AT&T on an unbundled basis at rates set forth in Attachment 14. 32.2 GTE will permit AT&T to interconnect AT&T’s facilities or facilities provided by AT&T or by third parties with each of GTE’s unbundled Network Elements at any point designated by AT&T that is technically feasible. 32.3 AT&T, at its option, may designate any Currently Available network interface. 32.4 Pursuant to the terms of this Agreement, AT&T may use one or more Network Elements to provide any Telecommunications Service that such Network Element is capable of providing. 32.5 Network Elements offered to AT&T by GTE pursuant to this Agreement shall be offered individually and for purposes of AT&T offering telecommunications services to its end-user customers. In no event shall GTE be required to bundle or combine Network Elements offered pursuant to this Agreement GTE shall offer each Network Element individually and in combination with any other Network Element or Network Elements, so long as such combination is technically feasible, in order to permit AT&T to combine such Network Element or Network Elements with another Network Element or other Network Elements obtained from GTE or with network components provided by itself or by third parties to provide telecommunications services to its customers. Any bundling or combining of Network Elements purchased from GTE will be the sole responsibility of AT&T, and any such bundling or combining of Network Elements shall be performed at AT&T’s sole expense. If AT&T combines any Network Elements offered by GTE, AT&T shall pay the wholesale price for such retail service as set forth in this Agreement, not the unbundled Network Element rate. In connection with any request by AT&T that GTE provide pursuant to this Agreement, any unbundled Network Element that is located in, or terminates to, a GTE Wire Center including but not limited to GTE’s central offices, serving wire centers, tandem switches, and at controlled environmental vaults, huts and cabinets; and prior to provision by GTE of any such unbundled Network Element pursuant to this Agreement, AT&T shall enter into a collocation arrangement with GTE consistent with the requirements of Attachment 3 to this Agreement and shall pay the appropriate rate for such collocation in accordance with Attachment 14 to this Agreement. If AT&T interconnects any such Network Element with GTE’s Wire Centers or otherwise interconnects such Network Element with GTE’s network, AT&T shall do so in accordance with Part IV of this Agreement. 32.6 For each Network Element, GTE shall provide a demarcation point (e.g., an interconnection point at a Digital Signal Cross-Connect or Light Guide Cross-Connect panels or a Main Distribution Frame) and, if necessary, access to such demarcation point, which AT&T agrees is suitable. However, where GTE provides contiguous Network Elements to AT&T, GTE may, at its option, provide the existing interconnections and no demarcation point shall exist between such contiguous Network Elements. 32.7 GTE shall not charge AT&T an interconnection fee or demand other consideration for directly interconnecting any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T if GTE directly interconnects the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate, including the use of intermediate devices, such as a digital signal cross connect panel, to perform such interconnection. 32.8 The total charge to AT&T to interconnect any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T if GTE does not directly interconnect the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate (e.g., the interconnection required to connect the Loop Feeder to GTE’s collocated equipment), shall be the total service long-run incremental cost of providing the interconnection. 32.9 Except with respect to the Loop Distribution, Loop Concentrator/Multiplexer, and Loop Feeder elements, which shall in all cases be subject to the bona fide request process described in Attachment 12, set forth below is a list of Network Elements that AT&T and GTE have identified as of the Effective Date of this Agreement and will be offered to AT&T by GTE in accordance with Applicable Law. AT&T and GTE agree that AT&T may identify additional or revised Network Elements that it desires, provided, however, that in no event shall there be a presumption that GTE is required to provide any such additional or revised Network Element(s) on the basis that the unbundling of such Network Element(s) is, will, or has become technically feasible. To the extent any such new or revised Network Elements are proprietary Network Elements, GTE’s obligation, if any, to provide such new or revised Network Elements shall be determined pursuant to and in accordance with 47 CFR 51.317(b) as such rule is then in effect. All such additional or modified Network Elements shall be subject to the Bona Fide Requests Procedures outlined in Attachment 12. Descriptions and references for each Network Element identified below are set forth in Attachment 2. The Network Elements described in Attachment 2 consist of: Loop or Loop Combination Network Interface Device (NID) Loop Distribution, otherwise known as Distribution Media Loop Concentrator/Multiplexer Loop Feeder Local Switching Operator Service Directory Assistance Service Common Transport Dedicated Transport Signaling Link Transport Signaling Transfer Points Service Control Points (SCPs)/Databases Tandem Switching OSS Operational Support Systems will be provided in accordance with the terms of this Agreement, including without limitation, Section 29 and Attachments 2, 4, 5, 6, and 7.

Appears in 7 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection, Resale and Unbundling Agreement

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Unbundled Network Elements. 32.1 GTE will offer Network Elements to AT&T on an unbundled basis at rates set forth in Attachment 14. 32.2 GTE will permit AT&T to interconnect AT&T’s facilities or facilities provided by AT&T or by third parties with each of GTE’s unbundled Network Elements at any point designated by AT&T that is technically feasible. 32.3 AT&T, at its option, may designate any Currently Available network interface. 32.4 Pursuant to the terms of this Agreement, AT&T may use one or more Network Elements to provide any Telecommunications Service that such Network Element is capable of providing. 32.5 Network Elements offered to AT&T by GTE pursuant to this Agreement shall be offered individually and for purposes of AT&T offering telecommunications services to its end-user customers. In no event shall GTE be required to bundle or combine Network Elements offered pursuant to this Agreement GTE shall offer each Network Element individually and in combination with any other Network Element or Network Elements, so long as such combination is technically feasible, in order to permit AT&T to combine such Network Element or Network Elements with another Network Element or other Network Elements obtained from GTE or with network components provided by itself or by third parties to provide telecommunications services to its customers. Any bundling or combining of Network Elements purchased from GTE will be the sole responsibility of AT&T, and any such bundling or combining of Network Elements shall be performed at AT&T’s sole expense. If AT&T combines any Network Elements provided pursuant to this Agreement and replicates a resold service offered by GTE, AT&T shall pay the wholesale price for such retail service as set forth in this Agreement, not the unbundled Network Element rate. In connection with any request by AT&T that GTE provide pursuant to this Agreement, any unbundled Network Element that is located in, or terminates to, a GTE Wire Center including but not limited to GTE’s central offices, serving wire centers, tandem switches, and at controlled environmental vaults, huts and cabinets; and prior to provision by GTE of any such unbundled Network Element pursuant to this Agreement, AT&T shall enter into a collocation arrangement with GTE consistent with the requirements of Attachment 3 to this Agreement and shall pay the appropriate rate for such collocation in accordance with Attachment 14 to this Agreement. If AT&T interconnects any such Network Element with GTE’s Wire Centers or otherwise interconnects such Network Element with GTE’s network, AT&T shall do so in accordance with Part IV of this Agreement. 32.6 For each Network Element, GTE shall provide a demarcation point (e.g., an interconnection point at a Digital Signal Cross-Connect or Light Guide Cross-Connect panels or a Main Distribution Frame) and, if necessary, access to such demarcation point, which AT&T agrees is suitable. However, where GTE provides contiguous Network Elements to AT&T, GTE may, at its option, provide the existing interconnections and no demarcation point shall exist between such contiguous Network Elements. 32.7 GTE shall not charge AT&T an interconnection fee or demand other consideration for directly interconnecting any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T if GTE directly interconnects the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate, including the use of intermediate devices, such as a digital signal cross connect panel, to perform such interconnection. 32.8 The total charge to AT&T to interconnect any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T if GTE does not directly interconnect the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate (e.g., the interconnection required to connect the Loop Feeder to GTE’s collocated equipment), shall be the total service long-run incremental cost of providing the interconnection. 32.9 Except with respect to the Loop Distribution, Loop Concentrator/Multiplexer, and Loop Feeder elements, which shall in all cases be subject to the bona fide request process described in Attachment 12, set forth below is a list of Network Elements that AT&T and GTE have identified as of the Effective Date of this Agreement and will be offered to AT&T by GTE in accordance with Applicable Law. AT&T and GTE agree that AT&T may identify additional or revised Network Elements that it desires, provided, however, that in no event shall there be a presumption that GTE is required to provide any such additional or revised Network Element(s) on the basis that the unbundling of such Network Element(s) is, will, or has become technically feasible. To the extent any such new or revised Network Elements are proprietary Network Elements, GTE’s obligation, if any, to provide such new or revised Network Elements shall be determined pursuant to and in accordance with 47 CFR 51.317(b) as such rule is then in effect. All such additional or modified Network Elements shall be subject to the Bona Fide Requests Procedures outlined in Attachment 12. Descriptions and references for each Network Element identified below are set forth in Attachment 2. The Network Elements described in Attachment 2 consist of: Loop or Loop Combination Network Interface Device (NID) Loop Distribution, otherwise known as Distribution Media Loop Concentrator/Multiplexer Loop Feeder Local Switching Operator Service Directory Assistance Service Common Transport Dedicated Transport Signaling Link Transport Signaling Transfer Points Service Control Points (SCPs)/Databases Tandem Switching OSS Operational Support Systems will be provided in accordance with the terms of this Agreement, including without limitation, Section 29 and Attachments 2, 4, 5, 6, and 7.

Appears in 2 contracts

Samples: Interconnection, Resale and Unbundling Agreement, Interconnection Agreement

Unbundled Network Elements. 32.1 GTE will offer Network Elements to AT&T on an unbundled basis at rates set forth in Attachment 14. 32.2 GTE will permit AT&T to interconnect AT&T’s facilities or facilities provided by AT&T or by third parties with each of GTE’s unbundled Network Elements at any point designated by AT&T that is technically feasible. 32.3 AT&T, at its option, may designate any Currently Available network interface. 32.4 Pursuant to the terms of this Agreement, AT&T may use one or more Network Elements to provide any Telecommunications Service that such Network Element is capable of providing. 32.5 Network Elements offered to AT&T by GTE pursuant to this Agreement shall be offered individually and for purposes of AT&T offering telecommunications services to its end-user customers. In no event shall GTE be required to bundle or combine Network Elements offered pursuant to this Agreement GTE shall offer each Network Element individually and in combination with any other Network Element or Network Elements, so long as such combination is technically feasible, in order to permit AT&T to combine such Network Element or Network Elements with another Network Element or other Network Elements obtained from GTE or with network components provided by itself or by third parties to provide telecommunications services to its customers. Any bundling or combining of Network Elements purchased from GTE will be the sole responsibility of AT&T, and any such bundling or combining of Network Elements shall be performed at AT&T’s sole expense. If AT&T combines any Network Elements offered by GTE, AT&T shall pay the wholesale price for such retail service as set forth in this Agreement, not the unbundled Network Element rate. In connection with any request by AT&T that GTE provide pursuant to this Agreement, any unbundled Network Element that is located in, or terminates to, a GTE Wire Center including but not limited to GTE’s central offices, serving wire centers, tandem switches, and at controlled environmental vaults, huts and cabinets; and prior to provision by GTE of any such unbundled Network Element pursuant to this Agreement, AT&T shall enter into a collocation arrangement with GTE consistent with the requirements of Attachment 3 to this Agreement and shall pay the appropriate rate for such collocation in accordance with Attachment 14 to this Agreement. If AT&T interconnects any such Network Element with GTE’s Wire Centers or otherwise interconnects such Network Element with GTE’s network, AT&T shall do so in accordance with Part IV of this Agreement. 32.6 For each Network Element, GTE shall provide a demarcation point (e.g., an interconnection point at a Digital Signal Cross-Connect or Light Guide Cross-Connect panels or a Main Distribution Frame) and, if necessary, access to such demarcation point, which AT&T agrees is suitable. However, where GTE provides contiguous Network Elements to AT&T, GTE may, at its option, may provide the existing interconnections and no demarcation point shall exist between such contiguous Network Elements. 32.7 GTE shall not charge AT&T an interconnection fee or demand other consideration for directly interconnecting any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T if GTE directly interconnects the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate, including the use of intermediate devices, such as a digital signal cross connect panel, to perform such interconnection. 32.8 The total charge to AT&T to interconnect any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T if GTE does not directly interconnect the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate (e.g., the interconnection required to connect the Loop Feeder to GTE’s collocated equipment), shall be the total service long-run incremental cost of providing the interconnection. 32.9 Except with respect to the Loop Distribution, Loop Concentrator/Multiplexer, and Loop Feeder elements, which shall in all cases be subject to the bona fide request process described in Attachment 12, set forth below is a list of Network Elements that AT&T and GTE have identified as of the Effective Date of this Agreement and will be offered to AT&T by GTE in accordance with Applicable Law. AT&T and GTE agree that AT&T may identify additional or revised Network Elements that it desires, provided, however, that in no event shall there be a presumption that GTE is required to provide any such additional or revised Network Element(s) on the basis that the unbundling of such Network Element(s) is, will, or has become technically feasible. To the extent any such new or revised Network Elements are proprietary Network Elements, GTE’s obligation, if any, to provide such new or revised Network Elements shall be determined pursuant to and in accordance with 47 CFR 51.317(b) as such rule is then in effect. All such additional or modified Network Elements shall be subject to the Bona Fide Requests Procedures outlined in Attachment 12. Descriptions and references for each Network Element identified below are set forth in Attachment 2. The Network Elements described in Attachment 2 consist of: Loop or Loop Combination Network Interface Device (NID) Loop Distribution, otherwise known as Distribution Media Loop Concentrator/Multiplexer Loop Feeder Local Switching Operator Service Directory Assistance Service Common Transport Dedicated Transport Signaling Link Transport Signaling Transfer Points Service Control Points (SCPs)/Databases Tandem Switching OSS Operational Support Systems will be provided in accordance with the terms of this Agreement, including without limitation, Section 29 and Attachments 2, 4, 5, 6, and 7.

Appears in 2 contracts

Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement

Unbundled Network Elements. 32.1 GTE will 30.1 BellSouth shall offer Network Elements to AT&T on an unbundled basis at rates set forth on rates, terms and conditions that are just, reasonable, and non- discriminatory in Attachment 14accordance with the terms and conditions of this Agreement. 32.2 GTE 30.2 BellSouth will permit AT&T to interconnect AT&T’s facilities or facilities provided by AT&T or by third parties Parties with each of GTE’s BellSouth's unbundled Network Elements at any point designated by AT&T that is technically feasible. 32.3 30.3 BellSouth will deliver to AT&T’s Served Premises any interface that is technically feasible. AT&T, at its option, may designate any Currently Available network interfaceother interfaces through the Bona Fide Request process delineated in Attachment 14. 32.4 Pursuant to the terms of this Agreement, 30.4 AT&T may use one or more Network Elements to provide any Telecommunications Service feature, function, or service option that such Network Element is capable of providingproviding or any feature, function, or service option that is described in the technical references identified herein. 32.5 Network Elements offered to AT&T by GTE pursuant to this Agreement shall be offered individually and for purposes of AT&T offering telecommunications services to its end-user customers. In no event shall GTE be required to bundle or combine Network Elements offered pursuant to this Agreement GTE 30.5 BellSouth shall offer each Network Element individually and in combination with any other Network Element or Network Elements, so long as such combination is technically feasible, Elements in order to permit AT&T to combine such Network Element or Network Elements with another Network Element or other Network Elements obtained from GTE or with network components provided by itself or by third parties to provide telecommunications services Telecommunications Services to its customers. Any bundling or combining Customers subject to the provisions of Network Elements purchased from GTE will be Section 1A of the sole responsibility of AT&T, General Terms and any such bundling or combining of Network Elements shall be performed at AT&T’s sole expense. If AT&T combines any Network Elements offered by GTE, AT&T shall pay the wholesale price for such retail service as set forth in this Agreement, not the unbundled Network Element rate. In connection with any request by AT&T that GTE provide pursuant to this Agreement, any unbundled Network Element that is located in, or terminates to, a GTE Wire Center including but not limited to GTE’s central offices, serving wire centers, tandem switches, and at controlled environmental vaults, huts and cabinets; and prior to provision by GTE of any such unbundled Network Element pursuant to this Agreement, AT&T shall enter into a collocation arrangement with GTE consistent with the requirements of Attachment 3 to this Agreement and shall pay the appropriate rate for such collocation in accordance with Attachment 14 to this Agreement. If AT&T interconnects any such Network Element with GTE’s Wire Centers or otherwise interconnects such Network Element with GTE’s network, AT&T shall do so in accordance with Part IV Conditions of this Agreement. 32.6 30.6 For each Network Element, GTE BellSouth shall provide a demarcation point (e.g., an interconnection point at a Digital Signal Cross-Cross Connect or Light Guide Cross-Cross Connect panels panel or a Main Distribution Frame) and, if necessary, access to such demarcation point, which AT&T agrees is suitable. However, where GTE BellSouth provides contiguous Network Elements to AT&T, GTE may, at its option, BellSouth may provide the existing interconnections and no demarcation point shall exist between such contiguous Network Elements. 32.7 GTE 30.7 BellSouth shall not charge AT&T an interconnection fee or demand other consideration for the rates set forth in Part IV when directly interconnecting any Network Element or Combination to any other Network Element or Combination provided by GTE Combination. If BellSouth provides such service to AT&T if GTE directly interconnects an affiliate of BellSouth, that affiliate shall pay the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate, including the use of intermediate devices, such as a digital signal cross connect panel, to perform such interconnectioncharges. 32.8 30.8 The total charge assessed to AT&T to interconnect any Network Element or Combination to any other Network Element or Combination provided by GTE BellSouth to AT&T if GTE BellSouth does not directly interconnect the same two Network Elements or Combinations in providing any service to its own customers Customers or a GTE BellSouth affiliate (e.g., the interconnection required to connect the Loop Feeder to GTEan ALEC’s collocated equipment), shall be the total service long-run incremental cost of providing the interconnectionbased. 32.9 Except with respect to 30.9 Attachment 2 of this Agreement describes the Loop Distribution, Loop Concentrator/Multiplexer, and Loop Feeder elements, which shall in all cases be subject to the bona fide request process described in Attachment 12, set forth below is a list of Network Elements that AT&T and GTE BellSouth have identified as of the Effective Date of this Agreement and will be offered to AT&T by GTE in accordance with Applicable LawAgreement. AT&T and GTE BellSouth agree that AT&T the Network Elements identified in Attachment 2 are not exclusive. Either Party may identify additional or revised Network Elements that it desiresas necessary to improve services to Customers, providedto improve network or service efficiencies or to accommodate changing technologies, however, that in no event shall there be a presumption that GTE is required to provide any such additional or revised Network Element(s) on the basis that the unbundling of such Network Element(s) is, willCustomer demand, or has become technically feasibleregulatory requirements. To the extent any such Upon BellSouth’s identification of a new or revised Network Elements are proprietary Network ElementsElement, GTE’s obligation, if any, to provide such BellSouth shall notify AT&T of the existence of and the technical characteristics of the new or revised Network Elements Element. AT&T shall be determined make it’s request for a new or revised Network Element pursuant to and in accordance with 47 CFR 51.317(b) as such rule is then in effect. All such additional or modified Network Elements shall be subject to the Bona Fide Requests Procedures outlined Request Process identified in Attachment 12Section 1.1 of the General Terms and Conditions of this Agreement. Descriptions Additionally, if BellSouth provides any Network Element that is not identified in this Agreement, to itself, to its own Customers, to a BellSouth affiliate or to any other entity, BellSouth will provide the same Network Element to AT&T on rates, terms and references conditions no less favorable to AT&T than those provided to itself or to any other Party. Additional descriptions and requirements for each Network Element identified below are set forth in Attachment 2. The Network Elements described in Attachment 2 consist of: Loop or Loop Combination Network Interface Device (NID) Loop Distribution, otherwise known as Distribution Media Loop Concentrator/Multiplexer Loop Feeder Local Switching Operator Service Directory Assistance Service Common Transport Dedicated Transport Signaling Link Transport Signaling Transfer Points Service Control Points (SCPs)/Databases Tandem Switching OSS Operational Support Systems will be provided in accordance with the terms of this Agreement, including without limitation, Section 29 and Attachments 2, 4, 5, 6, and 7.

Appears in 1 contract

Samples: Telecommunications

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Unbundled Network Elements. 32.1 GTE will offer Network Elements to AT&T ACSI on an unbundled basis at rates set forth in Attachment 14. 32.2 GTE will permit AT&T ACSI to interconnect AT&TACSI’s facilities or facilities provided by AT&T ACSI or by third parties with each of GTE’s unbundled Network Elements at any point designated by AT&T ACSI that is technically feasible. 32.3 AT&TACSI, at its option, may designate any Currently Available network interface. 32.4 Pursuant to the terms of this Agreement, AT&T ACSI may use one or more Network Elements to provide any Telecommunications Service that such Network Element is capable of providing. 32.5 Network Elements offered to AT&T ACSI by GTE pursuant to this Agreement shall be offered individually and for purposes of AT&T ACSI offering telecommunications services to its end-user customers. In no event shall GTE be required to bundle or combine Network Elements offered pursuant to this Agreement GTE shall offer each Network Element individually and in combination with any other Network Element or Network Elements, so long as such combination is technically feasible, in order to permit AT&T ACSI to combine such Network Element or Network Elements with another Network Element or other Network Elements obtained from GTE or with network components provided by itself or by third parties to provide telecommunications services to its customers. Any bundling or combining of Network Elements purchased from GTE will be the sole responsibility of AT&TACSI, and any such bundling or combining of Network Elements shall be performed at AT&TACSI’s sole expense. If AT&T ACSI combines any Network Elements provided pursuant to this Agreement and replicates a resold service offered by GTE, AT&T ACSI shall pay the wholesale price for such retail service as set forth in this Agreement, not the unbundled Network Element rate. In connection with any request by AT&T ACSI that GTE provide pursuant to this Agreement, any unbundled Network Element that is located in, or terminates to, a GTE Wire Center including but not limited to GTE’s central offices, serving wire centers, tandem switches, and at controlled environmental vaults, huts and cabinets; and prior to provision by GTE of any such unbundled Network Element pursuant to this Agreement, AT&T ACSI shall enter into a collocation arrangement with GTE consistent with the requirements of Attachment 3 to this Agreement and shall pay the appropriate rate for such collocation in accordance with Attachment 14 to this Agreement. If AT&T ACSI interconnects any such Network Element with GTE’s Wire Centers or otherwise interconnects such Network Element with GTE’s network, AT&T ACSI shall do so in accordance with Part IV of this Agreement.. [ Combinations ] 32.6 For each Network Element, GTE shall provide a demarcation point (e.g., an interconnection point at a Digital Signal Cross-Connect or Light Guide Cross-Connect panels or a Main Distribution Frame) and, if necessary, access to such demarcation point, which AT&T ACSI agrees is suitable. However, where GTE provides contiguous Network Elements to AT&TACSI, GTE may, at its option, provide the existing interconnections and no demarcation point shall exist between such contiguous Network Elements.. [ Combinations ] 32.7 GTE shall not charge AT&T ACSI an interconnection fee or demand other consideration for directly interconnecting any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T ACSI if GTE directly interconnects the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate, including the use of intermediate devices, such as a digital signal cross connect panel, to perform such interconnection.. [ Combinations ] 32.8 The total charge to AT&T ACSI to interconnect any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T ACSI if GTE does not directly interconnect the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate (e.g., the interconnection required to connect the Loop Feeder to GTE’s collocated equipment), shall be the total service long-run incremental cost of providing the interconnection.. [ Combinations ] 32.9 Except with respect to the Loop Distribution, Loop Concentrator/Multiplexer, and Loop Feeder elements, which shall in all cases be subject to the bona fide request process described in Attachment 12, set forth below is a list of Network Elements that AT&T ACSI and GTE have identified as of the Effective Date of this Agreement and will be offered to AT&T ACSI by GTE in accordance with Applicable Law. AT&T ACSI and GTE agree that AT&T ACSI may identify additional or revised Network Elements that it desires, provided, however, that in no event shall there be a presumption that GTE is required to provide any such additional or revised Network Element(s) on the basis that the unbundling of such Network Element(s) is, will, or has become technically feasible. To the extent any such new or revised Network Elements are proprietary Network Elements, GTE’s obligation, if any, to provide such new or revised Network Elements shall be determined pursuant to and in accordance with 47 CFR 51.317(b) as such rule is then in effect. All such additional or modified Network Elements shall be subject to the Bona Fide Requests Procedures outlined in Attachment 12. Descriptions and references for each Network Element identified below are set forth in Attachment 2. The Network Elements described in Attachment 2 consist of: Loop or Loop Combination Network Interface Device (NID) Loop Distribution, otherwise known as Distribution Media Loop Concentrator/Multiplexer Loop Feeder Local Switching Operator Service Directory Assistance Service Common Transport Dedicated Transport Signaling Link Transport Signaling Transfer Points Service Control Points (SCPs)/Databases Tandem Switching OSS Operational Support Systems will be provided in accordance with the terms of this Agreement, including without limitation, Section 29 and Attachments 2, 4, 5, 6, and 7.. [ Combinations ]

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Unbundled Network Elements. 32.1 30.1 GTE will offer Network Elements to AT&T on an unbundled basis at rates set forth on rates, terms and conditions that are just, reasonable, and non- discriminatory in Attachment 14accordance with the terms and conditions of this Agreement and applicable law . 32.2 30.2 GTE will permit AT&T to interconnect AT&T’s 's facilities or facilities provided by AT&T or by third parties with each of GTE’s 's unbundled Network Elements at any point designated by AT&T that is technically feasible. 32.3 30.3 AT&T, at its option, may designate any Currently Available technically feasible network interfaceinterface at a Served Premises, including without limitation, DSO, XX- 0, XX-0, and STS-1. 32.4 Pursuant to the terms of 30.4 Except as provided otherwise in this Agreement, AT&T may use one or more Network Elements to provide any Telecommunications Service feature, function, or service option that such Network Element is capable of providing. 32.5 Network Elements offered to AT&T by GTE pursuant to this Agreement shall be offered individually and for purposes of AT&T offering telecommunications services to its end-user customers. In no event shall GTE be required to bundle or combine Network Elements offered pursuant to this Agreement 30.5 GTE shall offer each Network Element individually and in combination with any other Network Element or Network Elements, so long as such combination is technically feasible, in order to permit AT&T to combine such Network Element or Network Elements with another Network Element or other Network Elements obtained from GTE or with network components provided by itself or by third parties to provide telecommunications services to its customers. Any bundling or combining of Network Elements purchased from GTE will be the sole responsibility of AT&T, and any such bundling or combining of Network Elements shall be performed at AT&T’s sole expense. If AT&T combines any Network Elements offered by GTE, AT&T shall pay the wholesale price for such retail service as set forth in this Agreement, not the unbundled Network Element rate. In connection with any request by AT&T that GTE provide pursuant to this Agreement, any unbundled Network Element that is located in, or terminates to, a GTE Wire Center including but not limited to GTE’s central offices, serving wire centers, tandem switches, and at controlled environmental vaults, huts and cabinets; and prior to provision by GTE of any such unbundled Network Element pursuant to this Agreement, AT&T shall enter into a collocation arrangement with GTE consistent with the requirements of Attachment 3 to this Agreement and shall pay the appropriate rate for such collocation in accordance with Attachment 14 to this Agreement. If AT&T interconnects any such Network Element with GTE’s Wire Centers or otherwise interconnects such Network Element with GTE’s network, AT&T shall do so in accordance with Part IV of this Agreement. 32.6 30.6 For each Network Element, GTE shall provide a demarcation point (e.g., an interconnection point at a Digital Signal Cross-Connect or Light Guide Cross-Connect panels or a Main Distribution Frame) and, if necessary, access to such demarcation point, which AT&T agrees is suitable. However, where GTE provides contiguous Network Elements to AT&T, GTE may, at its option, may provide the existing interconnections and no demarcation point shall exist between such contiguous Network Elements. 32.7 30.7 GTE shall not charge AT&T an interconnection fee or demand other consideration for directly interconnecting any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T if GTE directly interconnects the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate, including the use of intermediate devices, such as a digital signal cross connect panel, to perform such interconnection. 32.8 30.8 The total charge to AT&T to interconnect any Network Element or Combination to any other Network Element or Combination provided by GTE to AT&T if GTE does not directly interconnect the same two Network Elements or Combinations in providing any service to its own customers or a GTE affiliate (e.g., the interconnection required to connect the Loop Feeder to GTE’s AT&T's collocated equipment), shall be the total service long-run incremental cost of providing the interconnection. 32.9 30.9 Except with respect to the Loop Distribution, Loop Concentrator/Multiplexer, and Loop Feeder elements, which shall in all cases be subject to the bona fide request process described in Attachment 12, set forth below is a list of Attachment 2 to this Agreement lists the Network Elements that AT&T and GTE have identified as of the Effective Date of this Agreement and will be offered to AT&T by GTE in accordance with Applicable LawGTE. AT&T and GTE agree that AT&T may identify additional or revised Network Elements that it desires, provided, however, that in no event shall there be a presumption that GTE is required to provide any such additional or revised Network Element(s) on the basis that the unbundling of such Network Element(s) is, will, or has become technically feasible. To the extent any such new or revised Network Elements are proprietary Network Elements, GTE’s obligation, if any, to provide such new or revised Network Elements shall be determined pursuant to and in accordance with 47 CFR 51.317(b) as such rule is then in effect. All such additional or modified Network Elements shall be subject to the Bona Fide Requests Procedures outlined in Attachment 12. Descriptions and references requirements for each Network Element identified below are set forth in Attachment 2. The Network Elements described in Attachment 2 consist of: Loop or Loop Combination Network Interface Device (NID) Loop Distribution, otherwise known as Distribution Media Loop Concentrator/Multiplexer Loop Feeder Local Switching Operator Service Directory Assistance Service Common Transport Dedicated Transport Signaling Link Transport Signaling Transfer Points Service Control Points (SCPs)/Databases Tandem Switching OSS Operational Support Systems will be provided Switching 30.10 STANDARDS FOR NETWORK ELEMENTS 30.10.1 Each Network Element shall meet the requirements set forth in accordance with the terms applicable technical references, as well as any performance or other requirements, identified herein. 30.10.2 The technical references cited throughout this Agreement shall apply unless GTE shall offer, within ninety (90) days following Commission approval of this Agreement, GTE's proposed substitute technical references, for consideration and review by subject matter experts designated, respectively, by AT&T and GTE. Within ten (10) business days following AT&T's receipt of true and complete copies of GTE's proposed substitute technical references, AT&T and GTE subject matter experts shall meet in person or via teleconference to review the substitute reference(s) with a view toward achieving agreement on the suitability of such references for implementation and incorporation into this Agreement. The subject matter experts may agree to implement and incorporate, to modify or supplement, or replace any such substitute technical reference proposed by GTE. Where they so agree, the resulting substitute technical reference shall be implemented and incorporated forthwith, by formal amendment in writing, to this Agreement. Where they disagree with respect to the suitability or adequacy of any such proposed substitute technical reference, the GTE- proposed substitute technical reference shall be incorporated into this Agreement at the conclusion of the ten business day period cited above, by formal amendment in writing; subject to AT&T's right to pursue the dispute and the implementation of more suitable technical references through the ADR procedures set forth in Attachment 1 to this Agreement. AT&T may initiate such ADR procedures with sixty (60) days following the incorporation of the challenged technical reference into this Agreement. The Parties recognize the possibility that some equipment vendors may manufacture telecommunications equipment that does not fully incorporate or may deviate from the technical references contained in this Agreement. To the extent that, due to the manner in which individual manufacturers may have chosen to implement industry standards into the design of their product, or due to the differing vintages of these individual facility components and the presence of embedded technologies that pre-date certain technical references, some of the individual facility components deployed within GTE's network may not adhere to the technical references, then, within forty-five (45) days after the Effective Date of this Agreement, (a) the Parties will develop processes by which GTE will inform AT&T of any such deviations from technical standards for Network Elements or Combinations ordered by AT&T; (b) the Parties will develop further processes and procedures designed, upon notice of such deviations from technical standards, to address the treatment of GTE and AT&T customers at parity; and (c) the Parties will take such other mutually agreed upon actions as shall be appropriate in the circumstances. 30.10.3 Each Network Element and the interconnections between Network Elements provided by GTE to AT&T shall be at least equal in the quality of design, performance, features, functions and other characteristics, including without limitationbut not limited to levels and types of redundant equipment and facilities for power, Section 29 diversity and Attachments 2security, 4that GTE provides in the GTE network to itself, 5GTE's own customers, 6to a GTE affiliate or to any other entity. 30.10.4 Unless otherwise designated by AT&T, each Network Element and 7the interconnections between Network Elements provided by GTE to AT&T shall be made available to AT&T on a priority basis that is equal to the priorities that GTE provides to itself, GTE's own customers, to a GTE Affiliate or to any other entity.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement (Focal Communications Corp)

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