Common use of Provision-then-Dispute Requirements Clause in Contracts

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCN's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCN's certification under Section 3.6.1 above, must notify RCN that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN shall compensate Verizon for the additional charges that would apply if RCN had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCN: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN could have obtained in the first instance (for the facility to be repriced) had RCN not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCN, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN order for a TRRO Certification Element without first seeking dispute resolution in any case where RCN's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN PNG for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNPNG's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNPNG's certification under Section 3.6.1 above, must notify RCN PNG that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN PNG shall compensate Verizon for the additional charges that would apply if RCN PNG had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNPNG: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN PNG has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN PNG shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN PNG could have obtained in the first instance (for the facility to be repriced) had RCN PNG not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNPNG, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN PNG order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNPNG's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN PNG challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN PaeTec for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNPaeTec's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNPaeTec's certification under Section 3.6.1 above, must notify RCN PaeTec that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN PaeTec shall compensate Verizon for the additional charges that would apply if RCN PaeTec had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNPaeTec: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN PaeTec has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN PaeTec shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN PaeTec could have obtained in the first instance (for the facility to be repriced) had RCN PaeTec not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNPaeTec, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN PaeTec order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNPaeTec's order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN PaeTec challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN Qwest for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNQwest's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNQwest's certification under Section 3.6.1 above, must notify RCN Qwest that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN Qwest shall compensate Verizon for the additional charges that would apply if RCN Qwest had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNQwest: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN Qwest has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN Qwest shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN Qwest could have obtained in the first instance (for the facility to be repriced) had RCN Qwest not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNQwest, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN Qwest order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNQwest's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN Qwest challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN PaeTec for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCN▇▇▇▇▇▇'s right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNPaeTec's certification under Section 3.6.1 above, must notify RCN PaeTec that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN PaeTec shall compensate Verizon for the additional charges that would apply if RCN PaeTec had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNPaeTec: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN PaeTec has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN PaeTec shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN PaeTec could have obtained in the first instance (for the facility to be repriced) had RCN PaeTec not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNPaeTec, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN PaeTec order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNPaeTec's order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN PaeTec challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN MetTel for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNMetTel's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNMetTel's certification under Section 3.6.1 above, must notify RCN MetTel that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN MetTel shall compensate Verizon for the additional charges that would apply if RCN MetTel had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNMetTel: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN MetTel has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN MetTel shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN MetTel could have obtained in the first instance (for the facility to be repriced) had RCN MetTel not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNMetTel, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN MetTel order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNMetTel's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN MetTel challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN DSLnet for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNDSLnet's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNDSLnet's certification under Section 3.6.1 above, must notify RCN DSLnet that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN DSLnet shall compensate Verizon for the additional charges that would apply if RCN DSLnet had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNDSLnet: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN DSLnet has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN DSLnet shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN DSLnet could have obtained in the first instance (for the facility to be repriced) had RCN DSLnet not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNDSLnet, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN DSLnet order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNDSLnet's order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN DSLnet challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN RNK for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNRNK's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNRNK's certification under Section 3.6.1 above, must notify RCN RNK that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN RNK shall compensate Verizon for the additional charges that would apply if RCN RNK had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNRNK: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN RNK has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN RNK shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN RNK could have obtained in the first instance (for the facility to be repriced) had RCN RNK not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNRNK, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN RNK order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNRNK's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN RNK challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN ANTC for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNANTC's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNANTC's certification under Section 3.6.1 above, must notify RCN ANTC that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN ANTC shall compensate Verizon for the additional charges that would apply if RCN had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6.charges 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNANTC: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN ANTC has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN ANTC shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN ANTC could have obtained in the first instance (for the facility to be repriced) had RCN ANTC not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNANTC, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN ANTC order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNANTC's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN ANTC challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN AT&T for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNAT&T's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNAT&T's certification under Section 3.6.1 above, must notify RCN AT&T that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN AT&T shall compensate Verizon for the additional charges that would apply if RCN AT&T had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNAT&T: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN AT&T has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN AT&T shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN AT&T could have obtained in the first instance (for the facility to be repriced) had RCN AT&T not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNAT&T, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN AT&T order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNAT&T's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN AT&T challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN TCG for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon ▇▇▇▇▇▇▇ wishes to challenge RCNTCG's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNTCG's certification under Section 3.6.1 above, must notify RCN TCG that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN TCG shall compensate Verizon for the additional charges that would apply if RCN TCG had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNTCG: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN TCG has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN TCG shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN TCG could have obtained in the first instance (for the facility to be repriced) had RCN TCG not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon▇▇▇▇▇▇▇'s favor. In any case where RCNTCG, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN TCG order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNTCG's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN TCG challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN Equal Access for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNEqual Access's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNEqual Access's certification under Section 3.6.1 above, must notify RCN Equal Access that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN Equal Access shall compensate Verizon for the additional charges that would apply if RCN Equal Access had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNEqual Access: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN Equal Access has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN Equal Access shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN Equal Access could have obtained in the first instance (for the facility to be repriced) had RCN Equal Access not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNEqual Access, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN Equal Access order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNEqual Access's order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN Equal Access challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN ACN for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNACN's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNACN's certification under Section 3.6.1 above, must notify RCN ACN that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN ACN shall compensate Verizon for the additional charges that would apply if RCN ACN had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNACN: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN ACN has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN ACN shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN ACN could have obtained in the first instance (for the facility to be repriced) had RCN ACN not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNACN, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN ACN order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNACN's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN ACN challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN Conversent for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNConversent's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNConversent's certification under Section 3.6.1 above, must notify RCN Conversent that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN Conversent shall compensate Verizon for the additional charges that would apply if RCN Conversent had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNConversent: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN Conversent has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN Conversent shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN Conversent could have obtained in the first instance (for the facility to be repriced) had RCN Conversent not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNConversent, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN Conversent order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNConversent's order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN Conversent challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN ARC for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNARC's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNARC's certification under Section 3.6.1 above, must notify RCN ARC that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN ARC shall compensate Verizon for the additional charges that would apply if RCN ARC had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNARC: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN ARC has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN ARC shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN ARC could have obtained in the first instance (for the facility to be repriced) had RCN ARC not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNARC, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN ARC order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNARC's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN ARC challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN RNK for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCN's RNK’s right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCN's RNK’s certification under Section 3.6.1 above, must notify RCN RNK that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN RNK shall compensate Verizon for the additional charges that would apply if RCN RNK had ordered the subject facility or service on a month-to-month term under Verizon's ’s interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNRNK: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN RNK has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's ’s access tariffs), the monthly recurring rate that Verizon may charge, and that RCN RNK shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN RNK could have obtained in the first instance (for the facility to be repriced) had RCN RNK not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's ’s favor. In any case where RCNRNK, within thirty (30) days of the date on which the dispute is resolved in Verizon's ’s favor, submits a valid ASR for a "“lit" ” service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "“lit" ” service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN RNK order for a TRRO Certification Element without first seeking dispute resolution in any case where RCN's RNK’s order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN RNK challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's ’s favor, Verizon, upon resolution of the dispute, may not impose "“late fees" ” but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN CDP for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNCDP's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNCDP's certification under Section 3.6.1 above, must notify RCN CDP that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN CDP shall compensate Verizon for the additional charges that would apply if RCN CDP had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNCDP: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN CDP has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN CDP shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN CDP could have obtained in the first instance (for the facility to be repriced) had RCN CDP not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNCDP, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN CDP order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNCDP's order conflicts with a non- impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN CDP challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN IDT for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNIDT's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNIDT's certification under Section 3.6.1 above, must notify RCN IDT that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN IDT shall compensate Verizon for the additional charges that would apply if RCN IDT had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6.a 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNIDT: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN IDT has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN IDT shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN IDT could have obtained in the first instance (for the facility to be repriced) had RCN IDT not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNIDT, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN IDT order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNIDT's order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN IDT challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN XO for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNXO's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNXO's certification under Section 3.6.1 above, must notify RCN XO that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN XO shall compensate Verizon for the additional charges that would apply if RCN XO had ordered the subject facility or service on a month-month- to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-to- month rates shall apply until such time as RCNXO: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN XO has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN XO shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN XO could have obtained in the first instance (for the facility to be repriced) had RCN XO not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNXO, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN XO order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNXO's order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN XO challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN RNK for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, and except as provided in Section 3.6.2.3 below, Verizon shall immediately process the request in accordance with any applicable standard intervals andintervals, and for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCN's RNK’s right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department Commission or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCN's certification under Section 3.6.1 above, must notify RCN that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 3.6.2.1 above is resolved in Verizon’s favor, then RCN RNK shall compensate Verizon for the additional charges that would apply if RCN RNK had ordered the subject facility or service on a month-to-month term under Verizon's ’s interstate special access tariff (i.e., month-to-month rate provided under Verizon’s applicable interstate access tariff, unless RNK is then subscribed to an applicable special access volume/term plan, or other special access tariff arrangement, pursuant to which RNK: would be entitled to a lower rate), or other alternative wholesale arrangement (except as provided in section 3.6. 2.3.1 3.6.2.2.1 below as to dark fiber), applicable back to the date of provisioning. The month-to-month foregoing rates shall apply until such time as RCN: (1) RNK requests disconnection of the subject facility; 2) requests facility or an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon tariff for the subject facility or service. If RCN has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 3.6.2.2.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's ’s access tariffs), the monthly recurring rate charges that Verizon may charge, and that RCN RNK shall be obliged obligated to pay, for each circuit shall be no greater than the lowest rates RCN could have obtained in the first instance (charges for the facility commercial service that Verizon, in its sole discretion, determines to be repriced) had RCN not ordered such facility as a UNE. Unless analogous to the subject Dark Fiber Transport and, unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's ’s favor. In any case where RCNRNK, within thirty (30) days of the date on which the dispute is resolved in Verizon's ’s favor, submits a valid ASR for a "“lit" ” service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "“lit" ” service. 3.6.2.4 3.6.2.3 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN RNK order for a TRRO Certification Element without first seeking dispute resolution resolution: (a) in any case where RCN's RNK’s order conflicts with a non- non-impaired Wire Center designation that the Department Commission, the FCC, or the FCC a court of competent jurisdiction has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In ; or (b) to the event of a situation where extent the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN challenges Verizon’s designation that certain loop and transport facilities are Discontinued FacilitiesCommission, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any a court of competent jurisdiction otherwise permits Verizon to reject orders for TRRO Certification Elements without first seeking dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternativeresolution. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN Spectrotel for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNSpectrotel's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNSpectrotel's certification under Section 3.6.1 above, must notify RCN Spectrotel that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN Spectrotel shall compensate Verizon for the additional charges that would apply if RCN Spectrotel had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6. 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNSpectrotel: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN Spectrotel has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN Spectrotel shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN Spectrotel could have obtained in the first instance (for the facility to be repriced) had RCN Spectrotel not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNSpectrotel, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN Spectrotel order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNSpectrotel's order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN Spectrotel challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.

Provision-then-Dispute Requirements. 3.6.2.1 Upon receiving a request from RCN Level 3 for unbundled access to a TRRO Certification Element and the certification required by Section 3.6.1 above, Verizon shall immediately process the request in accordance with any applicable standard intervals and, for the avoidance of any doubt, shall not delay processing the request on the grounds that the request is for a TRRO Certification Element. If Verizon wishes to challenge RCNLevel 3's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), Verizon must provision the subject element as a UNE and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.2 If Verizon intends to retroactively reprice a facility or service back to the date of provisioning pursuant to section 3.6.2.3 below should Verizon prevail in a dispute, then Verizon, within thirty (30) days of the date on which it receives RCNLevel 3's certification under Section 3.6.1 above, must notify RCN Level 3 that Verizon disputes the subject order. 3.6.2.3 If a dispute pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RCN Level 3 shall compensate Verizon for the additional charges that would apply if RCN had ordered the subject facility or service on a month-to-month term under Verizon's interstate special access tariff (except as provided in section 3.6.charges 2.3.1 below as to dark fiber). The month-to-month rates shall apply until such time as RCNLevel 3: (1) requests disconnection of the subject facility; 2) requests an alternative term that Verizon offers under its interstate special access tariff; (3) requests the application of applicable term or volume discounts; or (4) negotiates a wholesale special access contract with Verizon for the subject facility or service. If RCN Level 3 has an effective wholesale special access contract with Verizon, the applicable rates under that contract would apply. 3.6.2.3.1 In the case of Dark Fiber Transport (there being no analogous service under Verizon's access tariffs), the monthly recurring rate that Verizon may charge, and that RCN Level 3 shall be obliged to pay, for each circuit shall be no greater than the lowest rates RCN Level 3 could have obtained in the first instance (for the facility to be repriced) had RCN Level 3 not ordered such facility as a UNE. Unless otherwise agreed in writing by the Parties, Verizon may disconnect the subject dark fiber facility thirty (30) days after the date on which the dispute is resolved in Verizon's favor. In any case where RCNLevel 3, within thirty (30) days of the date on which the dispute is resolved in Verizon's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Verizon shall continue to provide the Dark Fiber Transport facility at the rates provided for above, but only for the duration of the standard interval for installation of the "lit" service. 3.6.2.4 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4, below, Verizon may reject a RCN Level 3 order for a TRRO Certification Element without first seeking dispute resolution in any case where RCNLevel 3's order conflicts with a non- non-impaired Wire Center designation that the Department or the FCC has ordered or affirmatively approved or that has otherwise been confirmed through previous dispute resolution. 3.6.2.5 In the event of a situation where the impairment status of a Wire Center or transport Route is in dispute as of the end of a transition period and if RCN Level 3 challenges Verizon’s designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue to provision the subject elements as UNEs and then seek resolution of the dispute by the Department or the FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the alternative. 3.6.2.6 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1, or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being resolved in Verizon's favor, Verizon, upon resolution of the dispute, may not impose "late fees" but may request carrying charges, such as interest, on the difference between the UNE rate and the rate for the non-UNE facility or service.