Common use of Line Conditioning Clause in Contracts

Line Conditioning. Verizon shall condition a copper Loop at the request of ***CLEC Acronym TXT *** when seeking access to a copper Loop or any portion of a copper Loop, including, without limitation, the high frequency portion of a copper Loop, to ensure that the copper Loop or copper sub-Loop is suitable for providing xDSL services, including those provided over the high frequency portion of the copper Loop or copper sub-Loop, whether or not Verizon offers advanced services to the end-user customer on that copper Loop or copper sub-Loop. If Verizon seeks compensation from ***CLEC Acronym TXT*** for line conditioning, ***CLEC Acronym TXT*** has the option of refusing, in whole or in part, to have the line conditioned; and ***CLEC Acronym TXT***’s refusal of some or all aspects of line conditioning will not diminish any right it may have, under this Section [7.4], to access the copper Loop, the high frequency portion of the copper Loop, or the copper Sub-Loop. 7.4.1 Line conditioning is defined as the removal from a copper Loop or copper Sub- Loop of any device that could diminish the capability of the Loop or Sub-Loop to deliver high-speed switched wireline telecommunications capability, including DSL service. Such devices include, but are not limited to, bridge taps, load coils, low pass filters, and range extenders. 7.4.2 Verizon shall recover the costs of line conditioning from ***CLEC Acronym TXT*** in accordance with the FCC’s forward-looking pricing principles promulgated pursuant to section 252(d)(1) of the Act and in compliance with rules governing nonrecurring costs in Section 51.507(e) of the FCC’s rules. 7.4.3 Insofar as it is Technically Feasible, Verizon shall test and report troubles for all the features, functions, and capabilities of conditioned copper Loops, and may not restrict its testing to voice transmission only. 7.4.4 Where ***CLEC Acronym TXT*** is seeking access to the high frequency portion of a copper Loop or copper Sub-Loop and Verizon claims that conditioning that Loop or Sub-Loop will significantly degrade, as defined in Section 51.233 of the FCC’s rules, the voiceband services that Verizon is currently providing over that Loop or Sub-Loop, Verizon must either: 7.4.4.1 Locate another copper Loop or copper Sub-Loop that has been or can be conditioned, migrate Verizon’s voiceband service to that Loop or Sub-Loop, and provide ***CLEC Acronym TXT*** with access to the high frequency portion of that alternative Loop or Sub-Loop; or 7.4.4.2 Make a showing to the [***State Commission TXT***] that the original copper Loop or copper Sub-Loop cannot be conditioned without significantly degrading voiceband services on that Loop or Sub-Loop, as defined in Section 51.233 of the FCC’s rules, and that there is no adjacent or alternative copper Loop or copper Sub- Loop available that can be conditioned or to which the end-user customer’s voiceband service can be moved to enable Line Sharing. 7.4.5 If, after evaluating Verizon’s showing under Section [7.4.4.2] above, the [***State Commission TXT***] concludes that a copper Loop or copper Sub- Loop cannot be conditioned without significantly degrading the voiceband service, Verizon cannot then or subsequently condition that Loop or Sub-Loop to provide advanced services to its own customers without first making available to any requesting telecommunications carrier, including ***CLEC Acronym TXT***, the high frequency portion of the newly conditioned Loop or Sub-Loop.

Appears in 3 contracts

Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Line Conditioning. Verizon shall condition a copper Loop loop, at the request of no cost, where ***CLEC Acronym TXT TXT*** when seeking seeks access to a copper Loop or any portion of a copper Loop, including, without limitationloop, the high frequency portion of a copper Looploop, or a copper subloop to ensure that the copper Loop loop or copper sub-Loop subloop is suitable for providing xDSL digital subscriber line services, including those provided over the high frequency portion of the copper Loop loop or copper sub-Loopsubloop, whether or not Verizon offers advanced services to the end-user customer on that copper Loop loop or copper sub-Loop. If Verizon seeks compensation from ***CLEC Acronym TXT*** for line conditioning, ***CLEC Acronym TXT*** has the option of refusing, in whole or in part, to have the line conditioned; and ***CLEC Acronym TXT***’s refusal of some or all aspects of line conditioning will not diminish any right it may have, under this Section [7.4], to access the copper Loop, the high frequency portion of the copper Loop, or the copper Sub-Loopsubloop. 7.4.1 Line conditioning is defined as the removal from a copper Loop or copper Sub- Loop of any device that could diminish the capability of the Loop or Sub-Loop to deliver high-speed switched wireline telecommunications capability, including DSL service. Such devices include, but are not limited to, bridge taps, load coils, low pass filters, and range extenders. 7.4.2 Verizon shall recover the costs of line conditioning from ***CLEC Acronym TXT*** in accordance with the FCC’s forward-looking pricing principles promulgated pursuant to section 252(d)(1) of the Act and in compliance with rules governing nonrecurring costs in Section 51.507(e) of the FCC’s rules. 7.4.3 3.3.1 Insofar as it is Technically Feasibletechnically feasible, Verizon shall test and report troubles for all the features, functions, and capabilities of conditioned copper Loopslines, and may not restrict its testing to voice transmission only. 7.4.4 3.3.2 Where ***CLEC Acronym TXT*** is seeking seeks access to the high frequency portion of a copper Loop loop or copper Sub-Loop subloop and Verizon claims that conditioning that Loop loop or Sub-Loop subloop will significantly degradedegraded, as defined in Section section 51.233 of the FCC’s rules, the voiceband services that Verizon is currently providing over that Loop loop or Sub-Loopsubloop, Verizon must either: 7.4.4.1 (a) Locate another copper Loop loop or copper Sub-Loop subloop that has been or can be conditioned, migrate Verizon’s voiceband service to that Loop loop or Sub-Loopsubloop, and provide ***CLEC Acronym TXT*** with access to the high frequency portion of that alternative Loop loop or Sub-Loopsubloop; or 7.4.4.2 (b) Make a showing to the [***State Commission TXT***] state commission that the original copper Loop loop or copper Sub-Loop subloop cannot be conditioned without significantly degrading voiceband services on that Loop loop or Sub-Loopsubloop, as defined in Section section 51.233 of the FCC’s rules, and that there is no adjacent or alternative copper Loop loop or copper Sub- Loop subloop available that can be conditioned or to which the end-user customer’s voiceband service can be moved to enable Line Sharingline sharing. 7.4.5 3.3.3 If, after evaluating Verizon’s showing under Section [7.4.4.2] abovesection 51.319(a)(1)(ii)(D)(2) of the FCC’s rules, the [***State Commission TXT***] state commission concludes that a copper Loop loop or copper Sub- Loop subloop cannot be conditioned without significantly degrading the voiceband service, Verizon cannot then or subsequently condition that Loop loop or Sub-Loop subloop to provide advanced services to its own customers without first making available to any requesting telecommunications carrier, including ***CLEC Acronym TXT***, * the high frequency portion of the newly conditioned Loop loop or Sub-Loopsubloop.

Appears in 2 contracts

Sources: Interconnection Agreement, Interconnection Agreement

Line Conditioning. Verizon shall condition a copper Loop at the request of **** CLEC Acronym TXT *** when seeking access to (i) a copper Loop under Section [3.1] of this Attachment or any portion of a copper Loop, including, without limitationunder the Agreement, the high frequency portion of a copper LoopLoop under Section [3.2] of this Attachment, or (iii) a copper Sub-Loop under Section [3.3] of this Attachment, to ensure that the copper Loop or copper subSub-Loop is suitable for providing xDSL services, including those provided over the high frequency portion of the copper Loop or copper subSub-Loop, whether or not Verizon offers advanced services to the end-user customer on that copper Loop or copper subSub-Loop. If Verizon seeks compensation from **** CLEC Acronym TXT*** for line conditioning, ***CLEC Acronym TXT*** has the option of refusing, in whole or in part, to have the line conditioned; and **** CLEC Acronym TXT***’s refusal of some or all aspects of line conditioning will not diminish any right it may have, under this Section [7.4]3.2.4, to access the copper Loop, the high frequency portion of the copper Loop, or the copper Sub-Loop. 7.4.1 3.2.4.1 Line conditioning is defined as the removal from a copper Loop or copper Sub- Sub-Loop of any device that could diminish the capability of the Loop or Sub-Loop to deliver high-speed switched wireline telecommunications capability, including DSL service. Such devices include, but are not limited to, bridge taps, load coils, low pass filters, and range extenders. 7.4.2 3.2.4.2 Verizon shall recover the costs of line conditioning from **** CLEC Acronym TXT*** in accordance with the FCC’s forward-looking pricing principles promulgated pursuant to section 252(d)(1) of the Act and in compliance with rules governing nonrecurring costs in Section 51.507(e) of the FCC’s rules. 7.4.3 3.2.4.3 Insofar as it is Technically Feasibletechnically feasible, Verizon shall test and report troubles for all the features, functions, and capabilities of conditioned copper Loops, and may not restrict its testing to voice transmission only. 7.4.4 3.2.4.4 Where **** CLEC Acronym TXT*** is seeking access to the high frequency portion of a copper Loop or copper Sub-Loop and Verizon claims that conditioning that Loop or Sub-Loop will significantly degrade, as defined in Section 51.233 of the FCC’s rules, the voiceband services that Verizon is currently providing over that Loop or Sub-Loop, Verizon must either: 7.4.4.1 3.2.4.4.1 Locate another copper Loop or copper Sub-Loop that has been or can be conditioned, migrate Verizon’s voiceband service to that Loop or Sub-Loop, and provide **** CLEC Acronym TXT*** with access to the high frequency portion of that alternative Loop or Sub-Sub- Loop; or 7.4.4.2 3.2.4.4.2 Make a showing to the [***State Commission TXT***] that the original copper Loop or copper Sub-Loop cannot be conditioned without significantly degrading voiceband services on that Loop or Sub-Loop, as defined in Section 51.233 of the FCC’s rules, and that there is no adjacent or alternative copper Loop or copper Sub- Sub-Loop available that can be conditioned or to which the end-user customer’s voiceband service can be moved to enable Line Sharing. 7.4.5 3.2.4.5 If, after evaluating Verizon’s showing under Section [7.4.4.2] above, the [***State Commission TXT***] concludes that a copper Loop or copper Sub- Loop cannot be conditioned without significantly degrading the voiceband service, Verizon cannot then or subsequently condition that Loop or Sub-Loop to provide advanced services to its own customers without first making available to any requesting telecommunications carrier, including ***CLEC Acronym TXT***, the high frequency portion of the newly conditioned Loop or Sub-Loop3.2.

Appears in 1 contract

Sources: Interconnection Agreement

Line Conditioning. Verizon CenturyTel shall condition a copper Loop loop at the request of ***CLEC Acronym TXT *** when Socket, seeking access to a copper Loop or any portion loop under paragraph __________ of a copper Loop, including, without limitationthis Article, the high frequency portion of a copper Looploop under paragraph ___________ of this Article, or a copper subloop under paragraph ___________ of this Article to ensure that the copper Loop loop or copper sub-Loop subloop is suitable for providing xDSL digital subscriber line services, including those provided over the high frequency portion of the copper Loop loop or copper sub-Loopsubloop, whether or not Verizon CenturyTel offers advanced services to the end-user customer on that copper Loop loop or copper sub-Loopsubloop. If Verizon seeks compensation from ***CLEC Acronym TXT*** for line conditioning, ***CLEC Acronym TXT*** Socket has the option of refusing, in whole or in part, to have the line conditioned; and ***CLEC Acronym TXT***’s Socket's refusal of some or all aspects of line conditioning will not diminish any right it may have, under this Section [7.4], have to access the copper Looploop, the high frequency portion of the copper Looploop, or the copper Sub-Loopsubloop. 7.4.1 (A) Line conditioning is defined as the removal from a copper Loop loop or copper Sub- Loop subloop of any device that could diminish the capability of the Loop loop or Sub-Loop subloop to deliver high-speed switched wireline telecommunications capability, including DSL digital subscriber line service. Such devices include, but are not limited to, bridge taps, load coils, low pass filters, and range extenders. 7.4.2 Verizon (B) CenturyTel shall recover the costs of line conditioning from ***CLEC Acronym TXT*** the Socket in accordance with the FCC’s forward-looking pricing principles promulgated pursuant to section 252(d)(1) of the Act and in compliance with rules governing nonrecurring costs in Section 51.507(e) of the FCC’s rulesattached Pricing Schedule. 7.4.3 (C) Insofar as it is Technically Feasibletechnically feasible, Verizon CenturyTel shall test and report troubles for all the features, functions, and capabilities of conditioned copper Loopslines, and may not restrict its testing to voice transmission only. 7.4.4 (D) Where ***CLEC Acronym TXT*** Socket is seeking access to the high frequency portion of a copper Loop loop or copper Sub-Loop subloop pursuant to paragraphs ______ of this Article and Verizon CenturyTel claims that conditioning that Loop loop or Sub-Loop subloop will significantly degrade, as defined in Section 51.233 of the FCC’s rules, degrade the voiceband services that Verizon the CenturyTel is currently providing over that Loop loop or Sub-Loopsubloop, Verizon CenturyTel must either: 7.4.4.1 (1) Locate another copper Loop loop or copper Sub-Loop subloop that has been or can be conditioned, migrate Verizon’s CenturyTel's voiceband service to that Loop loop or Sub-Loopsubloop, and provide ***CLEC Acronym TXT*** Socket with access to the high frequency portion of that alternative Loop loop or Sub-Loopsubloop; or 7.4.4.2 (2) Make a showing to the [***State Commission TXT***] that the original copper Loop loop or copper Sub-Loop subloop cannot be conditioned without significantly degrading voiceband services on that Loop loop or Sub-Loop, as defined in Section 51.233 of the FCC’s rulessubloop, and that there is no adjacent or alternative copper Loop loop or copper Sub- Loop subloop available that can be conditioned or to which the end-user customer’s 's voiceband service can be moved to enable Line Sharingline sharing. 7.4.5 (E) If, after evaluating Verizon’s showing under Section [7.4.4.2] above, the [***State Commission TXT***] concludes that a copper Loop loop or copper Sub- Loop subloop cannot be conditioned without significantly degrading the voiceband service, Verizon CenturyTel cannot then or subsequently condition that Loop loop or Sub-Loop subloop to provide advanced services to its own customers without first making available to any requesting telecommunications carrier, including ***CLEC Acronym TXT***, Socket the high frequency portion of the newly conditioned Loop loop or Sub-Loopsubloop.

Appears in 1 contract

Sources: XDSL Agreement

Line Conditioning. Verizon shall condition a copper Loop loop, at the request of ***CLEC Acronym TXT *** when seeking no cost, where AT&T seeks access to a copper Loop or any portion of a copper Loop, including, without limitationloop, the high frequency portion of a copper Looploop, or a copper Subloop to ensure that the copper Loop loop or copper sub-Loop Subloop is suitable for providing xDSL digital subscriber line services, including those provided over the high frequency portion of the copper Loop loop or copper sub-LoopSubloop, whether or not Verizon offers advanced services to the end-end- user customer on that copper Loop loop or copper sub-LoopSubloop. If Verizon seeks compensation from ***CLEC Acronym TXT*** for line conditioning, ***CLEC Acronym TXT*** has the option of refusing, in whole or in part, to have the line conditioned; and ***CLEC Acronym TXT***’s refusal of some or all aspects of line conditioning will not diminish any right it may have, under this Section [7.4], to access the copper Loop, the high frequency portion of the copper Loop, or the copper Sub-Loop. 7.4.1 Line conditioning is defined as the removal from a copper Loop or copper Sub- Loop of any device that could diminish the capability of the Loop or Sub-Loop to deliver high-speed switched wireline telecommunications capability, including DSL service. Such devices include, but are not limited to, bridge taps, load coils, low pass filters, and range extenders. 7.4.2 Verizon shall recover the costs of line conditioning from ***CLEC Acronym TXT*** in accordance with the FCC’s forward-looking pricing principles promulgated pursuant to section 252(d)(1) of the Act and in compliance with rules governing nonrecurring costs in Section 51.507(e) of the FCC’s rules. 7.4.3 Insofar as it is Technically Feasibletechnically feasible, Verizon shall test and report troubles for all the features, functions, and capabilities of conditioned copper Loopslines, and may not restrict its testing to voice transmission only. 7.4.4 . Where ***CLEC Acronym TXT*** is seeking AT&T seeks access to the high frequency portion of a copper Loop loop or copper Sub-Loop Subloop and Verizon claims that conditioning that Loop loop or Sub-Loop Subloop will significantly degrade, as defined in Section 51.233 of the FCC’s 's rules, the voiceband services that Verizon is currently providing over that Loop loop or Sub-LoopSubloop, Verizon must either: 7.4.4.1 (a) Locate another copper Loop loop or copper Sub-Loop Subloop that has been or can be conditioned, migrate Verizon’s 's voiceband service to that Loop loop or Sub-LoopSubloop, and provide ***CLEC Acronym TXT*** AT&T with access to the high frequency portion of that alternative Loop loop or Sub-LoopSubloop; or 7.4.4.2 (b) Make a showing to the [***State Commission TXT***] Department that the original copper Loop loop or copper Sub-Loop Subloop cannot be conditioned without significantly degrading voiceband services on that Loop loop or Sub-LoopSubloop, as defined in Section 51.233 of the FCC’s 's rules, and that there is no adjacent or alternative copper Loop loop or copper Sub- Loop Subloop available that can be conditioned or to which the end-user customer’s 's voiceband service can be moved to enable Line Sharing. 7.4.5 line sharing. If, after evaluating Verizon’s 's showing under Section [7.4.4.2] abovesection 51.319(a)(l)(ii)(D)(2) of the FCC's rules, the [***State Commission TXT***] Department concludes that a copper Loop loop or copper Sub- Loop Subloop cannot be conditioned without significantly degrading the voiceband service, Verizon cannot then or subsequently condition that Loop loop or Sub-Loop Subloop to provide advanced services to its own customers without first making available to any requesting telecommunications carrier, including ***CLEC Acronym TXT***, AT&T the high frequency portion of the newly conditioned Loop loop or Sub-LoopSubloop.

Appears in 1 contract

Sources: Interconnection Agreement