USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement.
41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq as provided for in this Agreement.
41.3. Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE.
41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an order for UNEs, CLEC certifies that these requirements are met.
41.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined
(a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or
(b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or
(c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3).
41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs.
41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be...
USE OF UNBUNDLED NETWORK ELEMENTS. 40.1. Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Sprint shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non- discriminatory in accordance with the terms and conditions of this Agreement.
40.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Sprint provided UNEs with any and all facilities and services whether provided by Sprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or tariff services obtained from Sprint as provided for in this Agreement.
40.3. Each UNE provided by Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE.
40.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the restrictions listed below.
40.4.1. Facilities connecting Sprint’s network and CMRS carriers’ networks do not qualify as Unbundled Network Elements and will not be available to CLEC as Unbundled Network Elements.
40.4.2. CLEC can use Network Elements provided by Sprint to provide Local Exchange Service.
40.4.3. Unbundled loops ordered by CLEC into a third party collocation cannot be used by the third party collocator to provide retail interexchange services.
40.4.4. CLEC can use unbundled loops to provide Exchange Access to Interexchange Carriers where the unbundled loop terminates to a 251(c)(6) collocation and CLEC has self-provided transport to that collocation. CLEC can qualify as self-providing transport by leasing transport from a third party.
40.4.5. CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement.
40.4.6. CLEC can use Network Elements provided by Sprint for an information service only to the extent the same Network Elements are also used to provide a telecommunications service.
USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement.
USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. CenturyLink shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. CenturyLink shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement.
USE OF UNBUNDLED NETWORK ELEMENTS. 2.1. Sprint shall offer UNEs to KMC for the purpose of offering Telecommunications Service to CLEC subscribers. Sprint shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. Sprint shall offer UNEs to KMC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with Applicable Law and the terms and conditions of this Agreement. KMC shall pay Sprint for the UNEs provisioned and shall pay the recurring and non-recurring charges which shall be TELRIC rates and consistent with Applicable Law or as otherwise agreed to by the Parties.
2.1.1. Sprint shall not impose limitations, except as otherwise provided for under this Agreement, restrictions, or requirements on requests for, or the use of, unbundled network elements for the service a requesting telecommunications carrier seeks to offer.
2.2. KMC may use one or more UNEs or combination of UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein.
2.3. Each UNE provided by Sprint to KMC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE.
2.4. The quality of an unbundled network element, as well as the quality of the access to such unbundled network element that an incumbent LEC provides to a requesting telecommunications carrier shall be at least equal in quality to that which Sprint provides to itself.
2.4.1. If Sprint fails to meet this requirement, Sprint must prove to the state commission that it is not technically feasible to provide the requested unbundled network element, or to provide access to the requested unbundled network element, at a level of quality that is equal to that which Sprint provides to itself.
USE OF UNBUNDLED NETWORK ELEMENTS. 38.1. Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Sprint shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non- discriminatory in accordance with the terms and conditions of this Agreement. In providing access or obtaining access to Unbundled Network Elements, Combinations and Other Services, the parties shall comply with all applicable FCC rules and orders and Commission rules and orders. UNEs include
38.1.1. Network Interface Device (“NID”) 38.1.2. Loop 38.1.3. Sub Loop 38.1.4. Operations Support Systems 38.1.5 Dedicated Transport 38.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Sprint provided UNEs with any and all facilities and services whether provided by Sprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or tariff services obtained from Sprint as provided for in this Agreement, in accordance with 47 C.F.R. 51.309 (a).
USE OF UNBUNDLED NETWORK ELEMENTS. 40.1. CenturyLink shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. CenturyLink shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement.
40.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or tariffed access services obtained from CenturyLink as provided for in this Agreement.
40.3. Each UNE provided by CenturyLink to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that CenturyLink provides to itself, CenturyLink’s own subscribers, to a CenturyLink Affiliate or to any other Telecommunications Carrier requesting access to that UNE.
40.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the restrictions listed below. By ordering UNEs CLEC agrees to comply with the following:
40.4.1. Any combination of high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility) or special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available, both of which are provided by CenturyLink is subject to the EEL use restrictions in section 52.4.4. Such restrictions apply irrespective of the manner in which the loops and transport are combined.
40.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and a CMRS carriers’ network do not qualify as UNEs and will not be available to CLEC as UNEs.
40.4.3. CLEC may not use any UNE purchased from CenturyLink for the purpose of exclusively providing Mobile Wireless Service or Interexchange Services. CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services if CLEC is also providing an eli...
USE OF UNBUNDLED NETWORK ELEMENTS. 12.1 Except as provided in Section 6.0 of this Attachment, SBC shall not impose limitations, restrictions, or requirements on requests for, or the use of, unbundled network elements for the service CLEC seeks to offer.
12.2 CLEC may not access an unbundled network element for the exclusive provision of mobile wireless services or interexchange services.
12.3 A CLEC that accesses and uses an unbundled network element consistent with paragraph 12.2 may provide any telecommunications services over the same unbundled network elements.
USE OF UNBUNDLED NETWORK ELEMENTS. 39.1. Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Sprint shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non- discriminatory in accordance with the terms and conditions of this Agreement.
USE OF UNBUNDLED NETWORK ELEMENTS. 40.1. CenturyLink shall offer UNEs to PAETEC for the purpose of offering Telecommunications Service to PAETEC subscribers. CenturyLink shall, except as otherwise provided for under this Agreement, not impose limitations, restrictions, or requirements on requests for, or for the use of, UNEs for the Telecommunications Service PAETEC seeks to offer. CenturyLink shall offer UNEs to PAETEC on an unbundled basis at any technically feasible point in the CenturyLink network at rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement.
