Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Agreement or any Spectra tariff, Spectra shall permit CD to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectra, and to also convert wholesale services to a UNE or Combination. Commingling is defined as set forth in FCC Rule 51.5. Spectra shall, upon request of CD, perform the functions necessary to commingle a UNE or Combination with one or more facilities or services or inputs that CD has obtained at wholesale from Spectra. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD. 9.4.1 The rates, terms and conditions of the applicable access tariff will apply to wholesale services, and the rates, terms and conditions of this Agreement will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. “Ratcheting,” as that term is defined by the FCC, shall not be required. 9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 2 contracts
Sources: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT:
3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or any Spectra tariffAmended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Spectra shall permit CD to commingle or under a Verizon UNE or Combination or Declassified Network Elements tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to a UNE or Combination. Commingling is defined as set forth in FCC Rule 51.5. Spectra Section 3.4.1.2 below), Verizon shall, upon request of CDNetCarrier, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Agreement or any Spectra tariffVerizon tariff or SGAT, Spectra shall permit CD but subject to commingle the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a UNE or Combination or Declassified combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services to a UNE or Combination. Commingling is defined the extent and so long as set forth in FCC Rule 51.5. Spectra required by 47 U.S.C. § 251(c)(3) and 47 U.S.C. Part 51, Verizon shall, upon request of CDHello Depot, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related Subject to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required.
9.4.2 Spectra . Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon’s performance in connection with the provisioning of commingled facilities and services shall cooperate fully with CD not be subject to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availabilitystandard provisioning intervals, or to performance from measures and remedies, if any, contained in the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Amended Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changeselsewhere.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT:
3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or any Spectra tariffAmended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Spectra shall permit CD to commingle or under a Verizon UNE or Combination or Declassified Network Elements tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to a UNE or Combination. Commingling is defined as set forth in FCC Rule 51.5. Spectra Section 3.4.1.2 below), Verizon shall, upon request of CDCovista, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that MetTel is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDMetTel, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Level 3 is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CD▇▇▇▇▇ ▇, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Spectrotel is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDSpectrotel, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Agreement or any Spectra tariffVerizon tariff or SGAT, Spectra shall permit CD but subject to commingle the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a UNE or Combination or Declassified combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under an Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services to a UNE or Combination. Commingling is defined the extent and so long as set forth in FCC Rule 51.5. Spectra required by 47 U.S.C. § 251(c)(3) and 47 U.S.C. Part 51, Verizon shall, upon request of CDCypress, perform the functions necessary to commingle a UNE or Combination Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related Subject to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required.
9.4.2 Spectra . Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon’s performance in connection with the provisioning of commingled facilities and services shall cooperate fully with CD not be subject to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availabilitystandard provisioning intervals, or to performance from measures and remedies, if any, contained in the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Amended Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changeselsewhere.
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above) or any Spectra tariff, Spectra Verizon Tarif or SGAT:
3.1.1 Verizon shall permit CD to commingle the Commingling of an unbundled Network Element or a UNE or Combination or Declassified combination of unbundled Network Elements obtained under the Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”), but only to the extent and so long as Commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services to a UNE or Combination. Commingling is defined the extent and so long as set forth in FCC Rule 51.5. Spectra required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Verizon shall, upon request of CDLumos, perform the functions necessary to commingle a UNE Commingle or Combination combine unbundled Network Elements with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraWholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff Tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE Tariff, as applicable, will apply to UNEs or Combinations of the unbundled Network Elements as set forth in Appendix D Elements; provided, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this AgreementAmendment, when Lumos obtains Commingling of an unbundled Network Element circuit with a Wholesale Service(s). “Ratcheting,” as In addition, if any Commingling requested by Lumos requires Verizon to perform physical work that term Verizon is defined by the FCCrequired to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, shall not be required.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, then ▇▇▇▇▇▇▇ acknowledges ▇'s standard charges for such work shall apply or, in the absence of a standard charge, a fee calculated using Verizon's standard time and agrees materials rates, as set forth in the Agreement or a Verizon Tariff as determined by Verizon, shall apply. Verizon may exclude its performance in connection with the provisioning of Commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, and Lumos shall sign any waiver or other documentation that the language of Verizon may request to give effect to this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changessentence.
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that PaeTec is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDPaeTec, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that RCN-B is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDRCN-B, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT:
3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or any Spectra tariffAmended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Spectra shall permit CD to commingle or under a Verizon UNE or Combination or Declassified Network Elements tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to a UNE or Combination. Commingling is defined as set forth in FCC Rule 51.5. Spectra Section 3.4.1.2 below), Verizon shall, upon request of CDBullsEye, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Agreement or any Spectra tariffVerizon tariff or SGAT, Spectra shall permit CD but subject to commingle the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a UNE or Combination or Declassified combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services to a UNE or Combination. Commingling is defined the extent and so long as set forth in FCC Rule 51.5. Spectra required by 47 U.S.C. § 251(c)(3) and 47 U.S.C. Part 51, Verizon shall, upon request of CDCSTC, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related Subject to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required.
9.4.2 Spectra . Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon’s performance in connection with the provisioning of commingled facilities and services shall cooperate fully with CD not be subject to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availabilitystandard provisioning intervals, or to performance from measures and remedies, if any, contained in the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Amended Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changeselsewhere.
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ACN is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDACN, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Qwest is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDQwest, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ARC is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDARC, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT:
3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or any Spectra tariffAmended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Spectra shall permit CD to commingle or under a Verizon UNE or Combination or Declassified Network Elements tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to a UNE or Combination. Commingling is defined as set forth in FCC Rule 51.5. Spectra Section 3.4.1.2 below), Verizon shall, upon request of CDEschelon, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Agreement or any Spectra tariffVerizon tariff or SGAT, Spectra shall permit CD but subject to commingle the conditions set forth in the following Section 3.6.2, Verizon will not prohibit, and hereby permits, the Ccommingling of an unbundled Network Element or a UNE or Combination or Declassified cCombination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services to a UNE or Combination. Commingling is defined the extent and so long as set forth in FCC Rule 51.5. Spectra required by 47 U.S.C. § 251(c)(3) and 47 U.S.C. Part 51, Verizon shall, upon request of CD***CLEC Acronym TXT***, perform the functions necessary to commingle a UNE cCommingle or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related Subject to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. Verizon shall not deny access to a Network Element or a Combination of Network Elements on the grounds that one or more of the Network Elements (i) is connected to, attached to, linked to, associated with, or combined with, a facility or service obtained from Verizon; or (ii) shares part of Verizon’s network with access services or inputs for Non-qualifying Services. When ***CLEC Acronym TXT*** purchases Commingled Network Elements and Qualifying Wholesale Services from Verizon, Verizon shall charge ***CLEC Acronym TXT*** on an element-by-element and service-by-service rate. “Ratcheting,” as that term is defined by the FCC, shall not be required.
9.4.2 Spectra . Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon’s performance in connection with the provisioning of commingled facilities and services shall not be subject to standard provisioning intervals, or to performance measures and remedies, if any, contained in the Amended Agreement or under Applicable Lawelsewhere. In addition, Verizon shall cooperate fully with CD ***CLEC Acronym TXT*** to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD***CLEC Acronym TXT***’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s user perspective. For the avoidance of any doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement TRO Attachment complies with and satisfies the requirements of SpectraVerizon’s wholesale and access tariffs with respect to Commingling. Spectra Verizon shall not change its wholesale and or access tariffs in any fashion that impacts the availability or provision of Commingling under this TRO Attachment or the Agreement, unless Spectra Verizon and CD ***CLEC Acronym TXT*** have amended this TRO Attachment and the Agreement in advance to address Spectra▇▇▇▇▇▇▇’s proposed tariff changes.
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Conversent is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDConversent, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that RCN is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDRCN, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT:
3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or any Spectra tariffAmended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Spectra shall permit CD to commingle or under a Verizon UNE or Combination or Declassified Network Elements tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to a UNE or Combination. Commingling is defined as set forth in FCC Rule 51.5. Spectra Section 3.4.1.2 below), Verizon shall, upon request of CDTNCI, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that RNK is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDRNK, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that TWCIS (MA) is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDTWCIS (MA), perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Agreement or any Spectra tariffVerizon tariff or SGAT, Spectra shall permit CD but subject to commingle the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a UNE or Combination or Declassified combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51.. Moreover, to also convert wholesale services to a UNE or Combination. Commingling is defined the extent and so long as set forth in FCC Rule 51.5. Spectra required by 47 U.S.C. § 251(c)(3) and 47 U.S.C. Part 51, Verizon shall, upon request of CD***CLEC Acronym TXT***, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related Subject to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The Section 3.8.3 below, theThe rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required.
9.4.2 Spectra . Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon’s performance in connection with the provisioning of commingled facilities and services shall cooperate fully with CD not be subject to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availabilitystandard provisioning intervals, or to performance from measures and remedies, if any, contained in the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Amended Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changeselsewhere.
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that CDP is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDCDP, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT:
3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or any Spectra tariffAmended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Spectra shall permit CD to commingle or under a Verizon UNE or Combination or Declassified Network Elements tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to a UNE or Combination. Commingling is defined as set forth in FCC Rule 51.5. Spectra Section 3.4.1.2 below), Verizon shall, upon request of CDGlobal Crossing, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non- 251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above) or any Spectra tariff, Spectra Verizon Tarif or SGAT:
3.1.1 Verizon shall permit CD to commingle the commingling of an unbundled Network Element or a UNE or Combination or Declassified combination of unbundled Network Elements obtained under the Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE Tariff ("Qualifying UNEs"), with wholesale services obtained from SpectraVerizon under a Verizon access Tariff or separate non-251 agreement (“Wholesale Services”), but only to the extent and so long as commingling and provision of such unbundled Network Element (or combination of unbundled Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services to a UNE or Combination. Commingling is defined the extent and so long as set forth in FCC Rule 51.5. Spectra required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Verizon shall, upon request of CDIntegra, perform the functions necessary to commingle a UNE or Combination combine unbundled Network Elements with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraWholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff Tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE Tariff, as applicable, will apply to UNEs or Combinations the unbundled Network Elements; provided, however, that, a nonrecurring charge may apply, to the extent permitted under the Pricing Attachment to this Amendment, when Integra obtains commingling of an unbundled Network Elements Element circuit with a Wholesale Service(s). In addition, if any commingling requested by Integra requires Verizon to perform physical work that Verizon is required to perform under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, then Verizon's standard charges for such work shall apply or, in the absence of a standard charge, a fee calculated using Verizon's standard time and materials rates, as set forth in Appendix D to this Exhibit A of the Agreement. “Ratcheting,” as that term is defined by the FCC, shall not be required.
9.4.2 Spectra shall cooperate fully apply. Verizon may exclude its performance in connection with CD to ensure that operational policies the provisioning of commingled facilities and procedures implemented to effect Commingled arrangements services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere. However, Verizon’s performance in connection with the provisioning of commingled facilities shall be handled in such a manner as subject to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the any applicable non- discrimination requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changesAct.
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that AT&T is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDAT&T, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or any Spectra tariffAmended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Spectra shall permit CD to commingle or under a Verizon UNE or Combination or Declassified Network Elements tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. Part 51. As required by the Arbitration Order, "Qualifying Wholesale Services" as used herein include, but are not limited to, any elements that SPRINT obtains from Verizon pursuant to Section 271 of the Act; provided, however, that Verizon may price Section 271 elements at market-based rates that are not subject to the requirements of Section 252 of the Act, and in no event shall Verizon be required to also convert wholesale services provide a non-Section 251 element at TELRIC rates. Moreover, to a UNE or Combination. Commingling is defined the extent and so long as set forth in FCC Rule 51.5. Spectra required by 47 C.F.R. § 51.318 (subject to Section 3.11.1.2 below), Verizon shall, upon request of CDSPRINT, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements as set forth a commingled arrangement, to the extent provided for in Appendix D the Pricing Attachment to this AgreementAmendment. Any such charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department expressly requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that PNG is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDPNG, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that TCG is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDTCG, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that XO is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDXO, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that IDT is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDIDT, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or SGAT:
3.4.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or any Spectra tariffAmended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Spectra shall permit CD to commingle or under a Verizon UNE or Combination or Declassified Network Elements tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services the extent and so long as required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 (subject to a UNE or Combination. Commingling is defined as set forth in FCC Rule 51.5. Spectra Section 3.4.1.2 below), Verizon shall, upon request of CDCBB, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required. Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that Equal Access is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDEqual Access, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Amended Agreement or any Spectra tariff, Spectra shall permit CD (but subject to commingle a UNE or Combination or Declassified Network Elements with wholesale services obtained from Spectraand without limiting Section 4.4 below, and to also convert wholesale services to a UNE or Combination. Commingling is defined as the conditions set forth in FCC Rule 51.5Section 2 above and in Section 3.11.2 below):
3.11.1.1 Verizon will not prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff or under other applicable law, with Wholesale Services obtained from Verizon, but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. Spectra As required by the Arbitration Orders, "Wholesale Services" as used herein include, but are not limited to, any facilities or elements that ANTC is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any, that applies; provided, however, that, for the avoidance of any doubt, nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or facility at TELRIC rates. Moreover, to the extent and so long as required by 47 C.F.R. § 51.318 or other applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of CDANTC, perform the functions necessary to commingle a UNE or Combination combine UNEs with one or more facilities or services or inputs that CD has Wholesale Services obtained at wholesale from SpectraVerizon. Spectra shall not impose any policy or practice related to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations of Network Elements as set forth in Appendix D to this Agreement. the UNEs.
3.11.1.2 “Ratcheting,” as that term is defined by the FCC, shall not be required. UNEs that are commingled with Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon may exclude its performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals and from performance measures and remedies, if any, contained in the Amended Agreement or elsewhere, until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s provisioning of commingled facilities, at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so long as they remain effective.
9.4.2 Spectra shall cooperate fully with CD to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availability, or performance from the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changes
Appears in 1 contract
Sources: Interconnection Agreement
Commingling. CD may commingle traffic carried over the Loop/Transport combination with services obtained from a Spectra tariff. Notwithstanding any other provision of the Agreement or any Spectra tariffVerizon tariff or SGAT, Spectra shall permit CD but subject to commingle the conditions set forth in the following Section 3.6.2, Verizon will not prohibit the commingling of an unbundled Network Element or a UNE or Combination or Declassified combination of unbundled Network Elements obtained under the Agreement or Amended Agreement pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a Verizon UNE tariff (“Qualifying UNEs”), with wholesale services obtained from SpectraVerizon under a Verizon access tariff or separate non-251 agreement (“Qualifying Wholesale Services”), but only to the extent and so long as commingling and provision of such Network Element (or combination of Network Elements) is required by 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Moreover, to also convert wholesale services to a UNE or Combination. Commingling is defined the extent and so long as set forth in FCC Rule 51.5. Spectra required by 47 U.S.C. § 251(c)(3) and 47 U.S.C. Part 51, Verizon shall, upon request of CD▇▇▇▇▇▇▇, perform the functions necessary to commingle a UNE or Combination combine Qualifying UNEs with one or more facilities or services or inputs that CD has obtained at wholesale from SpectraQualifying Wholesale Services. Spectra shall not impose any policy or practice related Subject to commingling that imposes an unreasonable or undue prejudice or disadvantage upon CD.
9.4.1 The Section 3.8.3 below, the rates, terms and conditions of the applicable access tariff or separate non-251 agreement will apply to wholesale servicesthe Qualifying Wholesale Services, and the rates, terms and conditions of this the Amended Agreement or the Verizon UNE tariff, as applicable, will apply to UNEs or Combinations the Qualifying UNEs; provided, however, that a nonrecurring charge will apply for each UNE circuit that is part of Network Elements a commingled arrangement, as set forth in Appendix D the Pricing Attachment to this AgreementAmendment. This charge is intended to offset Verizon’s costs of implementing and managing commingled arrangements. “Ratcheting,” as that term is defined by the FCC, shall not be required.
9.4.2 Spectra . Qualifying UNEs that are commingled with Qualifying Wholesale Services are not included in the shared use provisions of the applicable tariff. Verizon’s performance in connection with the provisioning of commingled facilities and services shall cooperate fully with CD not be subject to ensure that operational policies and procedures implemented to effect Commingled arrangements shall be handled in such a manner as to not operationally or practically impair or impede CD’s ability to implement new Commingled arrangements and convert existing arrangements to Commingled arrangements in a timely and efficient manner and in a manner that does not affect service quality, availabilitystandard provisioning intervals, or to performance from measures and remedies, if any, contained in the end user’s perspective. For the avoidance of doubt, ▇▇▇▇▇▇▇ acknowledges and agrees that the language of this Amended Agreement complies with and satisfies the requirements of Spectra’s wholesale and access tariffs with respect to Commingling. Spectra shall not change its wholesale and access tariffs in any fashion that impacts the availability or provision of Commingling under this Agreement, unless Spectra and CD have amended this Agreement in advance to address Spectra’s proposed tariff changeselsewhere.
Appears in 1 contract
Sources: Interconnection Agreement