Common use of Dark Fiber Loops Clause in Contracts

Dark Fiber Loops. (a) Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Embarq that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications. (b) Embarq is not required to provide CLEC with access to Dark Fiber Loop on an unbundled basis. (c) Any Dark Fiber Loop that CLEC previously leased from Embarq but which Embarq is not obligated to unbundle pursuant to Sections 45.11 shall be subject to the following: (i) Such Dark Fiber Loops must be converted to an alternative service arrangement within thirty (30) Days of the Effective Date of this Agreement. If CLEC fails to submit the necessary orders to convert such Dark Fiber Loops to an alternative service arrangement within such thirty (30) Day period, Embarq will have the right to disconnect such Dark Fiber Loops. (ii) Any service provided by Embarq to CLEC over Dark Fiber Loops between 03/11/05 and 09/05/06 shall be billed at 115% of the rate applicable for such Dark Fiber Loops immediately prior to that period, and any service provided by Embarq to CLEC over Dark Fiber Loops after 09/05/06 and prior to such conversion or disconnection shall be billed at applicable rates for comparable access services based on the capacity of the electronics deployed by the CLEC in connection with such Dark Fiber Loops.

Dark Fiber Loops. (a) Dark Fiber is an optical transmission facility without attached multiplexing, aggregation or other electronics. Dark Fiber is unactivated fiber optic cable, deployed by Embarq that has not been activated through connections to optronics that light it, and thereby render it capable of carrying communications. (b) Embarq is not required to provide CLEC with access to Dark Fiber Loop on an unbundled basis. (c) Any Dark Fiber Loop that CLEC previously leased from Embarq but which Embarq is not obligated to unbundle pursuant to Sections 45.11 shall be subject to the following: (i) Such Dark Fiber Loops must be converted to an alternative service arrangement within thirty (30) Days of the Effective Date of this Agreement. If CLEC fails to submit the necessary orders to convert such Dark Fiber Loops to an alternative service arrangement within such thirty (30) Day period, Embarq will have the right to disconnect such Dark Fiber Loops. (ii) Any service provided by Embarq to CLEC over Dark Fiber Loops between 03/11/05 and 09/05/06 shall be billed at 115% of the CoastCom – ICRA: OR – Eff: 05/20/08 45 rate applicable for such Dark Fiber Loops immediately prior to that period, and any service provided by Embarq to CLEC over Dark Fiber Loops after 09/05/06 and prior to such conversion or disconnection shall be billed at applicable rates for comparable access services Access Services based on the capacity of the electronics deployed by the CLEC in connection with such Dark Fiber Loops.