Common use of Access to Network Elements Clause in Contracts

Access to Network Elements. 9.1.1 CBT shall provide CLEC access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements to CLEC if: (1) The Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC on an unbundled basis; and (b) CLEC could offer the same proposed Telecommunications Service through the use of other, nonproprietary means; or (2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair the ability of CLEC to provide the Telecommunications Service CLEC seeks to offer. 9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT Ameritech shall provide CLEC Requesting Carrier access to CBTAmeritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IXIX and the requirements of the Act. CBT Ameritech shall provide CLEC Requesting Carrier access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions functions, and capabilities in accordance with the terms and conditions of Article IIII and as required by the Act, in a manner that shall allow CLEC Requesting Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R. § 51.319 to CLEC Requesting Carrier if: (1) The Commission concludes that: (aA) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Requesting Carrier on an unbundled basis; and (bB) CLEC Requesting Carrier could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within Ameritech's network; or (2) The Commission concludes that the failure of CBT Ameritech to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC Requesting Carrier seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritech's network. 9.1.3 CBT Ameritech shall be required to make available Network Elements only where such Network Elements, including facilities and software necessary to provide such Network Elements, where are available. If CBT Ameritech makes available Network Elements that require special construction, CLEC Requesting Carrier shall pay to CBT Ameritech any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT shall provide CLEC access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements to CLEC if: (1) The Commission or the Federal Communications Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC on an unbundled basis; and (b) CLEC could offer the same proposed Telecommunications Service through the use of other, nonproprietary means; or (2) The Commission or the Federal Communications Commission concludes that the failure of CBT to provide access to such Network Element would not impair the ability of CLEC to provide the Telecommunications Service CLEC seeks to offer. 9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT Ameritech shall provide CLEC access to CBTAmeritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IXIX and the requirements of the Act. CBT Ameritech shall provide CLEC access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions functions, and capabilities in accordance with the terms and conditions of Article IIII and as required by the Act, in a manner that shall allow CLEC to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R. § 51.319 to CLEC if: (1) The Commission concludes that: (aA) such Such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC on an unbundled basis; and (bB) CLEC could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within Ameritech's network; or (2) The Commission concludes that the failure of CBT Ameritech to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritech's network. 9.1.3 CBT Ameritech shall be required to make available Network Elements only where such Network Elements, including facilities and software necessary to provide such Network Elements, where are available. If CBT Ameritech makes available Network Elements that require special construction, CLEC shall pay to CBT Ameritech any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT shall provide CLEC Sprint access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC Sprint access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC Sprint to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements beyond those identified in 47 C.F.R. ' 51.319 to CLEC Sprint if: (1) The Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Sprint on an unbundled basis; and (b) CLEC Sprint could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within CBT's network; or (2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC Sprint seeks to offer, compared with providing that service over other unbundled Network Elements in CBT's network. 9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC Sprint shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC Sprint to connect CLECSprint's facilities or facilities provided to CLEC Sprint by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC Sprint that is technically feasible.

Access to Network Elements. 9.1.1 CBT Ameritech shall provide CLEC Requesting Carrier access to CBTAmeritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IXIX and the requirements of the Act. CBT Ameritech shall provide CLEC Requesting Carrier access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions functions, and capabilities in accordance with the terms and conditions of Article IIII and as required by the Act, in a manner that shall allow CLEC Requesting Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R. - 51.319 to CLEC Requesting Carrier if: (1) The Commission concludes that: (aA) such Such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Requesting Carrier on an unbundled basis; and (bB) CLEC Requesting Carrier could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within Ameritech's network; or (2) The Commission concludes that the failure of CBT Ameritech to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC Requesting Carrier seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritech's network. 9.1.3 CBT Ameritech shall be required to make available Network Elements only where such Network Elements, including facilities and software necessary to provide such Network Elements, where are available. If CBT Ameritech makes available Network Elements that require special construction, CLEC Requesting Carrier shall pay to CBT Ameritech any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT shall provide CLEC access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.1.1 Except as provided in Section 9.3.2.2.4, CBT shall not impose limitations, restrictions, or requirements on requests for, or the use of, unbundled network elements for the service CLEC seeks to offer. 9.1.1.2 CLEC may not access an unbundled network element for the sole purpose of providing non-qualifying services. 9.1.1.3 If CLEC accesses and uses an unbundled network element pursuant to section 251(c)(3) of the Act to provide a Qualifying Service may use the same unbundled network element to provide non-qualifying services. 9.1.1.4 Except as provided in Section 9.3.2.2.4, CBT shall permit CLEC to commingle an unbundled network element or a combination of unbundled network elements with wholesale services obtained from CBT. 9.1.1.5 Upon request, CBT shall perform the functions necessary to commingle an unbundled network element or a combination of unbundled network elements with one or more facilities or services that CLEC has obtained at wholesale from CBT. 9.1.1.6 CBT shall not deny access to an unbundled network element or a combination of unbundled network elements on the grounds that one or more of the elements: (1) Is connected to, attached to, linked to, or combined with, a facility or service obtained from CBT; or (2) Shares part of CBT’s network with access services or inputs for Non-qualifying Services. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements to CLEC if: (1) The Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC on an unbundled basis; and (b) CLEC could offer the same proposed Telecommunications Service through the use of other, nonproprietary means; or (2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair the ability of CLEC to provide the Telecommunications Service CLEC seeks to offeroffer consistent with the FCC’s Triennial Review Order (Report and Order and Order on Remand and Further Notice of Proposed Rulemaking, FCC 03-36, Adopted February 20, 2003 and Released August 21, 2003). 9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT Ameritech shall provide CLEC Requesting Carrier access to CBT's Ameritech’s Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IXIX and the requirements of the Act. CBT Ameritech shall provide CLEC Requesting Carrier access to each unbundled Network ElementElement identified in Section 9.2, along with all of such unbundled Network Element's ’s features, functions functions, and capabilities in accordance with the terms and conditions of Article IIII and as required by the Act, in a manner that shall allow CLEC Requesting Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. For purposes of access to Ameritech’s Network Elements on an unbundled basis, a joint fiber meet shall be deemed to be a technically feasible point of access. 9.1.2 Notwithstanding anything to the contrary in this Article IXAgreement, CBT shall if the FCC or a court of competent jurisdiction determines that incumbent local exchange carriers (and/or Ameritech specifically) are not be required to provide Network Elements to CLEC if: (1) The Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC on an unbundled basis; and (b) CLEC could offer the same proposed Telecommunications Service through the use of other, nonproprietary means; or (2) The Commission concludes that the failure of CBT to provide access to one or more of the Network Elements (individually or in combination with another Network Element) described in this Agreement or places certain limitations or qualifications on the nature of such Network Element would access, Ameritech may, by providing written notice to Requesting Carrier, require that any affected provision of this Agreement be deleted or renegotiated, as applicable, in good faith and this Agreement be amended accordingly. If such modifications to the Agreement are not impair renegotiated within thirty (30) days after the ability date of CLEC such notice, a Party may (i) consider such failure to provide renegotiate a “Dispute” under Section 27.3 of this Agreement or (ii) forego the Telecommunications Service CLEC seeks dispute escalation procedures set forth in Section 27.3 and seek any relief it is entitled to offerunder Applicable Law. 9.1.3 CBT Ameritech shall be required to make available access to its Network Elements at the rates specified herein only where such Network Elements, including facilities and software necessary to provide such Network Elements, where exist and are available, in each case as such Network Element is defined herein. If CBT Ameritech makes available access to a Network Elements Element that require requires special constructionconstruction or conditioning, CLEC Requesting Carrier shall pay to CBT Ameritech any applicable special construction or conditioning charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special constructionconstruction or conditioning, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT shall provide CLEC Intermedia access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC Intermedia access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC Intermedia to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements beyond those identified in 47 C.F.R. § 51.319 to CLEC Intermedia if: (1) The Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Intermedia on an unbundled basis; and (b) CLEC Intermedia could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within CBT's network; or (2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC Intermedia seeks to offer, compared with providing that service over other unbundled Network Elements in CBT's network. 9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC Intermedia shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.109.9. 9.1.4 CBT shall permit CLEC Intermedia to connect CLECIntermedia's facilities or facilities provided to CLEC Intermedia by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC Intermedia that is technically feasible.

Access to Network Elements. 9.1.1 CBT shall provide CLEC TWTC access to CBT's Network Elements on an unbundled basis at any technically feasible point Technically Feasible Point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC TWTC access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC TWTC to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements to CLEC if: (1) The TWC if the FCC and the Commission concludes that: (a) do not conclude that such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC on an unbundled basis; and meets the Access Standards of Section 251 (bd)(2) CLEC could offer of the same proposed Telecommunications Service through the use Telecom Act of other, nonproprietary means; or (2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair the ability of CLEC to provide the Telecommunications Service CLEC seeks to offer1996. 9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC TWTC shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.109.8. 9.1.4 CBT shall permit CLEC TWTC to connect CLECTWTC's facilities or facilities provided to CLEC TWTC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC TWTC that is technically feasible.

Access to Network Elements. 9.1.1 CBT Ameritech shall provide CLEC Requesting Carrier access to CBTAmeritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IXIX and the requirements of the Act. CBT Ameritech shall provide CLEC Requesting Carrier access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions functions, and capabilities in accordance with the terms and conditions of Article IIII and as required by the Act, in a manner that shall allow CLEC Requesting Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in contraryin this Article IX, CBT Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R. § 51.319 to CLEC Requesting Carrier if: (1) The Commission concludes that: (aA) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Requesting Carrier on an unbundled basis; and (bB) CLEC Requesting Carrier could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within Ameritech's network; or (2) The Commission concludes that the failure of CBT Ameritech to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC Requesting Carrier seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritech's network. 9.1.3 CBT Ameritech shall be required to make available access to its Network Elements at the rates specified herein only where such Network Elements, including facilities and software necessary to provide such Network Elements, where are available. If CBT Ameritech makes available access to its Network Elements that require and such access requires special construction, CLEC Requesting Carrier shall pay to CBT Ameritech any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT Ameritech shall provide CLEC Requesting Carrier access to CBTAmeritech's Network Elements on an unbundled basis at any technically feasible point mutually agreed by the Parties in accordance with the terms and conditions of this Article IXIX and the requirements of the Act. CBT Ameritech shall provide CLEC Requesting Carrier access to each unbundled Network ElementElement identified in Section 9.2, along with all of such unbundled Network Element's features, functions functions, and capabilities in accordance with the terms and conditions of Article IIII and as required by the Act, in a manner that shall allow CLEC Requesting Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R. - 51.319 to CLEC Requesting Carrier if: (1) The Commission concludes that: (aA) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Requesting Carrier on an unbundled basis; and (bB) CLEC Requesting Carrier could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within Ameritech’s network; or (2) The Commission concludes that the failure of CBT Ameritech to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC Requesting Carrier seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritech’s network. 9.1.3 CBT Ameritech shall be required to make available access to its Network Elements at the rates specified herein only where such Network Elements, including facilities and software necessary to provide such Network Elements, where are available. If CBT Ameritech makes available access to a Network Elements Element that require requires special construction, CLEC Requesting Carrier shall pay to CBT Ameritech any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT shall provide CLEC ICG access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC ICG access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC ICG to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements beyond those identified in 47 C.F.R. § 51.319 to CLEC ICG if: (1) The Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC ICG on an unbundled basis; and (b) CLEC ICG could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within CBT's network; or (2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC ICG seeks to offer, compared with providing that service over other unbundled Network Elements in CBT's network. 9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC ICG shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC ICG to connect CLECICG's facilities or facilities provided to CLEC ICG by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC ICG that is technically feasible.

Access to Network Elements. 9.1.1 CBT IX.1.1 Ameritech shall provide CLEC 21st Century access to CBTAmeritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IXIX and the requirements of the Act, the FCC or the Commission. CBT Ameritech shall provide CLEC 21st Century access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article IIII and as required by the Act, the FCC or the Commission, in a manner that shall allow CLEC 21st Century to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 IX.1.2 Notwithstanding anything to the contrary in this Article IX, CBT Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R. ss. 51.319 to CLEC 21st Century if: (1a) The Commission concludes that: (a1) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC 21st Century on an unbundled basis; and (b2) CLEC 21st Century could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansnon-proprietary Network Elements within Ameritech's network; or (2b) The Commission concludes that the failure of CBT Ameritech to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC 21st Century seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritech's network. 9.1.3 CBT IX.1.3 Ameritech shall be required to make available Network Elements only where such Network Elements, including facilities and software necessary to provide such Network Elements, where are available. If CBT Ameritech makes available Network Elements that require special construction, CLEC 21st Century shall pay to CBT Ameritech any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT IX.1.4 Ameritech shall permit CLEC 21st Century to connect CLEC21st Century's facilities or facilities provided to CLEC 21st Century by third parties with each of CBTAmeritech's unbundled Network Elements at any point on CBTAmeritech's network designated by CLEC 21st Century that is technically feasible.

Access to Network Elements. 9.1.1 CBT shall provide CLEC Frontier access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC Frontier access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC Frontier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements to CLEC Frontier if: (1) The Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Frontier on an unbundled basis; and (b) CLEC Frontier could offer the same proposed Telecommunications Service through the use of other, nonproprietary means; or (2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair the ability of CLEC Frontier to provide the Telecommunications Service CLEC Frontier seeks to offer. 9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC Frontier shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC Frontier to connect CLECFrontier's facilities or facilities provided to CLEC Frontier by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC Frontier that is technically feasible.

Access to Network Elements. 9.1.1 CBT Ameritech shall provide CLEC Requesting Carrier access to CBTAmeritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IXIX and the requirements of the Act. CBT Ameritech shall provide CLEC Requesting Carrier access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions functions, and capabilities in accordance with the terms and conditions of Article IIII and as required by the Act, in a manner that shall allow CLEC Requesting Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article thisArticle IX, CBT Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R. § 51.319 to CLEC Requesting Carrier if: (1) The Commission concludes that: (aA) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Requesting Carrier on an unbundled basis; and (bB) CLEC Requesting Carrier could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within Ameritech's network; or (2) The Commission concludes that the failure of CBT Ameritech to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC Requesting Carrier seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritech's network. 9.1.3 CBT Ameritech shall be required to make available Network Elements only where such Network Elements, including facilities and software necessary to provide such Network Elements, where are available. If CBT Ameritech makes available Network Elements that require special construction, CLEC Requesting Carrier shall pay to CBT Ameritech any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT Ameritech shall provide CLEC MCIm access to CBTAmeritech's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IXIX and the requirements of the Act, the FCC or the Commission. CBT Ameritech shall provide CLEC MCIm access to each unbundled Network Element, along with all of such unbundled Network Element's features, ,functions and capabilities in accordance with the terms and conditions of Article IIand as required by the Act, the FCC or the Commission, in a manner that shall allow CLEC MCIm to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act.Network 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R. 51.319 to CLEC MCIm if: (1a) The Commission concludes that: (a1) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC MCIm on an unbundled basis; and (b2) CLEC MCIm could offer the same proposed Telecommunications Service TelecommunicationsService through the use of other, nonproprietary meansnon-proprietary Network Elements within Ameritech's network; or (2b) The Commission concludes that the failure of CBT Ameritech to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC MCIm seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritech's network. 9.1.3 CBT Ameritech shall be required to make available Network Elements only where such Network Elements, including facilities and software necessary to provide such Network Elements, where are available. If CBT Ameritech makes available Network Elements that require special construction, CLEC MCIm shall pay to CBT Ameritech any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special requiredspecial construction, the applicable charges ,theapplicablecharges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT IX.1.1 Ameritech shall provide CLEC Requesting Carrier access to CBTAmeritech's Network Elements on an unbundled basis at any technically feasible point mutually agreed by the Parties in accordance with the terms and conditions of this Article IXIX and the requirements of the Act. CBT Ameritech shall provide CLEC Requesting Carrier access to each unbundled Network ElementElement identified in Section 9.2, along with all of such unbundled Network Element's features, functions functions, and capabilities in accordance with the terms and conditions of Article IIII and as required by the Act, in a manner that shall allow CLEC Requesting Carrier to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 IX.1.2 Notwithstanding anything to the contrary in this Article IX, CBT Ameritech shall not be required to provide Network Elements beyond those identified in 47 C.F.R.  51.319 to CLEC Requesting Carrier if: (1) The Commission concludes that: (aA) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Requesting Carrier on an unbundled basis; and (bB) CLEC Requesting Carrier could offer the same proposed Telecommunications Service through the use of other, nonproprietary meansNetwork Elements within Ameritechs network; or (2) The Commission concludes that the failure of CBT Ameritech to provide access to such Network Element would not impair decrease the ability of CLEC to provide quality of, and would not increase the financial or administrative cost of, the Telecommunications Service CLEC Requesting Carrier seeks to offer, compared with providing that service over other unbundled Network Elements in Ameritechs network. 9.1.3 CBT IX.1.3 Ameritech shall be required to make available access to its Network Elements at the rates specified herein only where such Network Elements, including facilities and software necessary to provide such Network Elements, where are available. If CBT Ameritech makes available access to a Network Elements Element that require requires special construction, CLEC Requesting Carrier shall pay to CBT Ameritech any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC to connect CLEC's facilities or facilities provided to CLEC by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC that is technically feasible.

Access to Network Elements. 9.1.1 CBT shall provide CLEC Sprint access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC Sprint access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC Sprint to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements to CLEC Sprint if: (1) The Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC Sprint on an unbundled basis; and (b) CLEC Sprint could offer the same proposed Telecommunications Service through the use of other, nonproprietary means; or (2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair the ability of CLEC Sprint to provide the Telecommunications Service CLEC Sprint seeks to offer. 9.1.3 CBT shall be required to make available to Sprint all Network Elements, including facilities and software necessary to provide such Network ElementsElements required by the Act and FCC regulations, where such facilities and software are available. If CBT makes available Network Elements that require special construction, CLEC CBT shall provide Sprint notice that special construction is required within forty-eight hours of Sprint’s request. Sprint shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. If new facilities are required to provide Sprint with access to unbundled loops, CBT shall only charge Sprint for the smallest reasonable increment of facilities necessary to fulfill Sprint’s request. 9.1.4 CBT shall permit CLEC Sprint to connect CLECSprint's facilities or facilities provided to CLEC Sprint by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC Sprint that is technically feasible.

Access to Network Elements. 9.1.1 CBT shall provide CLEC SBCT access to CBT's Network Elements on an unbundled basis at any technically feasible point in accordance with the terms and conditions of this Article IX. CBT shall provide CLEC SBCT access to each unbundled Network Element, along with all of such unbundled Network Element's features, functions and capabilities in accordance with the terms and conditions of Article II, in a manner that shall allow CLEC SBCT to provide any Telecommunications Service that can be offered by means of that Network Element; provided that the use of such Network Element is consistent with the Act. 9.1.2 Notwithstanding anything to the contrary in this Article IX, CBT shall not be required to provide Network Elements to CLEC SBCT if: (1) The Commission concludes that: (a) such Network Element is proprietary or contains proprietary information that will be revealed if such Network Element is provided to CLEC SBCT on an unbundled basis; and (b) CLEC SBCT could offer the same proposed Telecommunications Service through the use of other, nonproprietary means; or (2) The Commission concludes that the failure of CBT to provide access to such Network Element would not impair the ability of CLEC SBCT to provide the Telecommunications Service CLEC SBCT seeks to offer. 9.1.3 CBT shall be required to make available Network Elements, including facilities and software necessary to provide such Network Elements, where available. If CBT makes available Network Elements that require special construction, CLEC SBCT shall pay to CBT any applicable special construction charges, as determined in accordance with the Act. The Parties shall mutually agree on the nature and manner of any required special construction, the applicable charges thereto and the negotiated interval(s) that will apply to the provisioning of such Network Element(s) in lieu of the standard intervals set forth on Schedule 9.10. 9.1.4 CBT shall permit CLEC SBCT to connect CLECSBCT's facilities or facilities provided to CLEC SBCT by third parties with each of CBT's unbundled Network Elements at any point on CBT's network designated by CLEC SBCT that is technically feasible.