Common use of Access to Network Elements Clause in Contracts

Access to Network Elements. 9.1.1 Ameritech shall provide Requesting Carrier access to Ameritech’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 IX and the requirements of the Act. Ameritech shall provide Requesting Carrier access to each unbundled Network Element identified in Section 9.2, along with all of such unbundled Network Element’s features, functions, and capabilities in accordance with the terms and conditions of Article II and as required by the Act, in a manner that shall allow 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. 9.1.1.1 The UNE Remand Order was released by the FCC on November 5, 1999. Portions of the UNE Remand Order are effective within thirty (30) days after publication in the Federal Register and other portions are effective within one hundred-twenty (120) days after publication. Both Parties are analyzing their respective rights and obligations under the UNE Remand Order. Subject to the outcome of any appeal, including but not limited to any stay that may be obtained pending appeal, the Parties acknowledge that the UNE Remand Order requires Ameritech to offer certain unbundled Network Elements not included below, such as subloops, dark fiber, inside wire owned by Ameritech, xDSL-capable loops, high capacity loops, and packet switching capability in certain circumstances; and limits or conditions Ameritech’s obligation to offer certain Unbundled Network Elements set forth below such as Unbundled Switching Capability and Operator Services and Directory Services. The Parties agree to negotiate an amendment to this Agreement to conform the Agreement with the UNE Remand Order and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions relating to each such Unbundled Network Element within the time frame(s) specified for providing access as set forth in the UNE Remand. If the Parties are unable to reach agreement on an amendment within the specific time frame set forth in the UNE Remand Order for providing access to any Unbundled Network Element, a Party may consider such failure to negotiate an amendment a “Dispute” under Section 27.4 of the Agreement. 9.1.2 Notwithstanding anything to the contrary in this Agreement, if the FCC or a court of competent jurisdiction determines that incumbent local exchange carriers (and/or Ameritech specifically) are not required 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 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. Notwithstanding anything to the contrary in this Agreement, if the FCC or a court of competent jurisdiction determines that incumbent local exchange carriers (and/or Ameritech specifically) are required to provide access to one or more Network Elements (individually or in combination with another Network Element) not described in this Agreement, Requesting Carrier may, by providing written notice to Ameritech, require than any affected provision of this Agreement be renegotiated, as applicable, in good faith and this Agreement be amended accordingly. If such modifications to the Agreement are not renegotiated within thirty (30) days after the date of such notice, a Party may (i) consider such failure to renegotiate a “Dispute” under Section 27.3 of this Agreement or

Access to Network Elements. 9.1.1 Ameritech shall provide Requesting Carrier access to Ameritech’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 IX and the requirements of the Act. Ameritech shall provide Requesting Carrier access to each unbundled Network Element identified in Section 9.2, along with all of such unbundled Network Element’s features, functions, and capabilities in accordance with the terms and conditions of Article II and IIand as required by the Act, in a manner that shall allow 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. 9.1.1.1 The UNE Remand Order was released by the FCC on November 5, 1999. Portions of the UNE Remand Order are effective within thirty (30) days after publication in the Federal Register and other portions are effective within one hundred-twenty (120) days after publication. Both Parties are analyzing their respective rights and obligations under the UNE Remand Order. Subject to the outcome of any appeal, including but not limited to any stay that may be obtained pending appeal, the Parties acknowledge that the UNE Remand Order requires Ameritech to offer certain unbundled Network Elements not included below, such as subloops, dark fiber, inside wire owned by Ameritech, xDSL-capable loops, high capacity loops, and packet switching capability in certain circumstances; and limits or conditions Ameritech’s obligation to offer certain Unbundled Network Elements set forth below such as Unbundled Switching Capability and Operator Services and Directory Services. The Parties agree to negotiate an amendment to this Agreement to conform the Agreement with the UNE Remand Order and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions relating to each such Unbundled Network Element within the time frame(s) specified for providing access as set forth in the UNE Remand. If the Parties are unable to reach agreement on an amendment within the specific time frame set forth in the UNE Remand Order for providing access to any Unbundled Network Element, a Party may consider such failure to negotiate an amendment a “Dispute” under Section 27.4 of the Agreement. 9.1.2 Notwithstanding anything to the contrary in this Agreement, if the FCC or a court of competent jurisdiction determines that incumbent local exchange carriers (and/or Ameritech specifically) are not required 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 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. Notwithstanding anything to the contrary in this Agreement, if the FCC or a court of competent jurisdiction determines that incumbent local exchange carriers (and/or Ameritech specifically) are required to provide access to one or more Network Elements (individually or in combination with another Network Element) not described in this Agreement, Requesting Carrier may, by providing written notice to Ameritech, require than any affected provision of this Agreement be renegotiated, as applicable, in good faith and this Agreement be amended accordingly. If such modifications to the Agreement are not renegotiated within thirty (30) days after the date of such notice, a Party may (i) consider such failure to renegotiate a “Dispute” under Section 27.3 of this Agreement or

Access to Network Elements. 9.1.1 Ameritech shall provide Requesting Carrier access to Ameritech’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 IX and the requirements of the Act. Ameritech shall provide Requesting Carrier access to each unbundled Network Element identified in Section 9.2, along with all of such unbundled Network Element’s features, functions, and capabilities in accordance with the terms and conditions of Article II and as required by the Act, in a manner that shall allow 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. 9.1.1.1 The UNE Remand Order was released by the FCC on November 5, 1999. Portions of the UNE Remand Order are effective within thirty (30) days after publication in the Federal Register and other portions are effective within one hundred-twenty (120) days after publication. Both Parties are analyzing their respective rights and obligations under the UNE Remand Order. Subject to the outcome of any appeal, including but not limited to any stay that may be obtained pending appeal, the Parties acknowledge that the UNE Remand Order requires Ameritech to offer certain unbundled Network Elements not included below, such as subloops, dark fiber, inside wire owned by Ameritech, xDSL-capable loops, high capacity loops, and packet switching capability in certain circumstances; and limits or conditions Ameritech’s obligation to offer certain Unbundled Network Elements set forth below such as Unbundled Switching Capability and Operator Services and Directory Services. The Parties agree to negotiate an amendment to this 12716496.1 103008 1100C 00650405 Agreement to conform the Agreement with the UNE Remand Order and this Agreement shall be amended accordingly to reflect the pricing, terms and conditions relating to each such Unbundled Network Element within the time frame(s) specified for providing access as set forth in the UNE Remand. If the Parties are unable to reach agreement on an amendment within the specific time frame set forth in the UNE Remand Order for providing access to any Unbundled Network Element, a Party may consider such failure to negotiate an amendment a “Dispute” under Section 27.4 of the Agreement. 9.1.2 Notwithstanding anything to the contrary in this Agreement, if the FCC or a court of competent jurisdiction determines that incumbent local exchange carriers (and/or Ameritech specifically) are not required 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 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. Notwithstanding anything to the contrary in this Agreement, if the FCC or a court of competent jurisdiction determines that incumbent local exchange carriers (and/or Ameritech specifically) are required to provide access to one or more Network Elements (individually or in combination with another Network Element) not described in this Agreement, Requesting Carrier may, by providing written notice to Ameritech, require than any affected provision of this Agreement be renegotiated, as applicable, in good faith and this Agreement be amended accordingly. If such modifications to the Agreement are not renegotiated within thirty (30) days after the date of such notice, a Party may may (i) consider such failure to renegotiate a “Dispute” under Section 27.3 of this Agreement or (ii) forego the dispute escalation procedures set forth in Section 27.3 and seek any relief it is entitled to under Applicable Law. 9.1.3 Ameritech shall make available access to its Network Elements at the rates specified herein, including facilities and software necessary to provide such Network Elements, and as required by applicable law, in each case as such Network Element is defined herein as required by applicable law.