Common use of FTTP Loops – Overbuilds Clause in Contracts

FTTP Loops – Overbuilds. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 2 above) or any Verizon tariff or SGAT, if (a) Verizon deploys an FTTP Loop to replace a copper Loop previously used to serve a particular end user’s customer premises, and (b) Verizon retires that copper loop and there are no other available copper Loops or Hybrid Loops for CBB's provision of a voice grade service to that end user’s customer premises, then in accordance with, but only to the extent required by, 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Verizon shall provide CBB with nondiscriminatory access on an unbundled basis to a transmission path capable of providing DS0 voice grade service to that end user’s customer premises. For the avoidance of doubt, in no event shall CBB be entitled to obtain access to an FTTP Loop (or any segment or functionality thereof) on an unbundled basis where Verizon has deployed such a Loop to the customer premises of an end user that previously was not served by any Verizon Loop other than an FTTP Loop.

FTTP Loops – Overbuilds. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 2 above) or any Verizon tariff or SGAT, if (a) Verizon deploys an FTTP Loop to replace a copper Loop previously used to serve a particular end user’s customer premises, and (b) Verizon retires that copper loop and there are no other available copper Loops or Hybrid Loops for CBBCovista's provision of a voice grade service to that end user’s customer premises, then in accordance with, but only to the extent required by, 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Verizon shall provide CBB Covista with nondiscriminatory access on an unbundled basis to a transmission path capable of providing DS0 voice grade service to that end user’s customer premises. For the avoidance of doubt, in no event shall CBB Covista be entitled to obtain access to an FTTP Loop (or any segment or functionality thereof) on an unbundled basis where Verizon has deployed such a Loop to the customer premises of an end user that previously was not served by any Verizon Loop other than an FTTP Loop.