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

Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from Onvoy for unbundled access to a TRRO Certification Element and the certification required by Section‌ 1.7.1 above, and except as provided in Section 1.7.2.3 below, Frontier shall process the request in accordance with any applicable standard intervals. If Frontier wishes to challenge ▇▇▇▇▇'s right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Frontier must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Frontier elects to invoke under the dispute resolution provisions of this Agreement. 1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Frontier’s favor, then Onvoy shall compensate Frontier for the additional charges that would apply if Onvoy had ordered the subject facility or service on a month-to-month term under Frontier's interstate special access tariff and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as Onvoy requests disconnection of the subject facility or an alternative term that Frontier offers under its interstate special access tariff for the subject facility or service.

Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from Onvoy for unbundled access to a TRRO Certification Element and the certification required by Section‌ Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Frontier shall process the request in accordance with any applicable standard intervals. If Frontier wishes to challenge ▇▇▇▇▇'s right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Frontier must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Frontier elects to invoke under the dispute resolution provisions of this Agreement. 1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Frontier’s favor, then Onvoy shall compensate Frontier for the additional charges that would apply if Onvoy had ordered the subject facility or service on a month-to-month term under Frontier's interstate special access tariff and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as Onvoy requests disconnection of the subject facility or an alternative term that Frontier offers under its interstate special access tariff for the subject facility or service.

Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from Onvoy Futiva for unbundled access to a TRRO Certification Element and the certification required by Section‌ Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Frontier shall process the request in accordance with any applicable standard intervals. If Frontier wishes to challenge ▇▇▇▇▇Futiva's right to obtain unbundled access to the subject element pursuant to 47 47‌ U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Frontier must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Frontier elects to invoke under the dispute resolution provisions of this Agreement. 1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Frontier’s favor, then Onvoy Futiva shall compensate Frontier for the additional charges that would apply if Onvoy Futiva had ordered the subject facility or service on a month-to-month term under Frontier's interstate special access tariff and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as Onvoy Futiva requests disconnection of the subject facility or an alternative term that Frontier offers under its interstate special access tariff for the subject facility or service.

Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from Onvoy for unbundled access to a TRRO Certification Element and the certification required by Section‌ Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Frontier shall process the request in accordance with any applicable standard intervals. If Frontier wishes to challenge ▇▇▇▇▇'s right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Frontier must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Frontier elects to invoke under the dispute resolution provisions of this Agreement.Agreement.‌ 1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Frontier’s favor, then Onvoy shall compensate Frontier for the additional charges that would apply if Onvoy had ordered the subject facility or service on a month-to-month term under Frontier's interstate special access tariff and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as Onvoy requests disconnection of the subject facility or an alternative term that Frontier offers under its interstate special access tariff for the subject facility or service.

Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from Onvoy QCC for unbundled access to a TRRO Certification Element and the certification required by Section‌ Section 1.7.1 above, and except as provided in Section 1.7.2.3 below, Frontier shall process the request in accordance with any applicable standard intervals. If Frontier wishes to challenge ▇▇▇▇▇QCC's right to obtain unbundled access to the subject element pursuant to 47 U.S.C. § 251(c)(3), then (except as provided in Section 1.7.2.3 below) Frontier must provision the subject element as a UNE and then seek resolution of the dispute by the Commission or the FCC, or through such other dispute resolution process that Frontier elects to invoke under the dispute resolution provisions of this Agreement. 1.7.2.2 If a dispute pursuant to section 1.7.2.1 above is resolved in Frontier’s favor, then Onvoy QCC shall compensate Frontier for the additional charges that would apply if Onvoy QCC had ordered the subject facility or service on a month-to-month term under Frontier's interstate special access tariff (except as provided in section 1.7.2.2.1 below as to Dark Fiber Transport) and any other applicable charges, applicable back to the date of provisioning (including, but not limited to, late payment charges for the unpaid difference between UNE and access tariff rates). The month-to-month rates shall apply until such time as Onvoy QCC requests disconnection of the subject facility or an alternative term that Frontier offers under its interstate special access tariff for the subject facility or service.