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

Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from TCG 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 TCG '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 TCG shall compensate Frontier for the additional charges that would apply if TCG 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 TCG 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. 1.7.2.2.1 In the case of Dark Fiber Transport (there being no analogous service under Frontier's access tariffs), the monthly recurring charges that Frontier may charge, and that TCG shall be obligated to pay, for each circuit shall be shall be the charges for the commercial service that Frontier, in its sole discretion, determines to be analogous to the subject Dark Fiber Transport and, unless otherwise agreed in writing by the Parties, Frontier may, without further notice, disconnect the subject dark fiber facility within thirty (30) days of the date on which the dispute is resolved in Frontier's favor. In any case where TCG , within thirty (30) days of the date on which the dispute is resolved in Frontier's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Frontier shall continue to provide the Dark Fiber Transport facility at the rates specified above, but only for the duration of the standard interval for installation of the "lit" service. 1.7.2.3 Notwithstanding any other provision of the Agreement, Frontier may reject a TCG order for a TRRO Certification Element without first seeking dispute resolution: (a) in any case where TCG 's order conflicts with a provision of a Frontier Tariff, (b) in any case where TCG 's order conflicts with a non-impaired UNE Wire Center designation set forth in a Wire Center List that Frontier has made available to TCG by notice and/or by publication on Frontier's wholesale website, (c) in any case where TCG 's order conflicts with a non-impaired UNE Wire Center designation that the Commission or the FCC has ordered or approved or that has otherwise been confirmed through previous dispute resolution (regardless of whether TCG was a party to such dispute resolution), or (d) as otherwise permitted under the Federal Unbundling Rules (including, but not limited to, upon a determination by the Commission, the FCC, or a court of competent jurisdiction that Frontier may reject orders for TRRO Certification Elements without first seeking dispute resolution).

Provision-then-Dispute Requirements. 1.7.2.1 Upon receiving a request from TCG WVN 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 TCG WVN'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 TCG WVN shall compensate Frontier for the additional charges that would apply if TCG WVN 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 TCG WVN 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. 1.7.2.2.1 In the case of Dark Fiber Transport (there being no analogous service under Frontier's access tariffs), the monthly recurring charges that Frontier may charge, and that TCG WVN shall be obligated to pay, for each circuit shall be shall be the charges for the commercial service that Frontier, in its sole discretion, determines to be analogous to the subject Dark Fiber Transport and, unless otherwise agreed in writing by the Parties, Frontier may, without further notice, disconnect the subject dark fiber facility within thirty (30) days of the date on which the dispute is resolved in Frontier's favor. In any case where TCG WVN, within thirty (30) days of the date on which the dispute is resolved in Frontier's favor, submits a valid ASR for a "lit" service to replace the subject Dark Fiber Transport facility, Frontier shall continue to provide the Dark Fiber Transport facility at the rates specified above, but only for the duration of the standard interval for installation of the "lit" service. 1.7.2.3 Notwithstanding any other provision of the Agreement, Frontier may reject a TCG WVN order for a TRRO Certification Element without first seeking dispute resolution: (a) in any case where TCG WVN's order conflicts with a provision of a Frontier Tariff, (b) in any case where TCG WVN's order conflicts with a non-impaired UNE Wire Center designation set forth in a Wire Center List that Frontier has made available to TCG WVN by notice and/or by publication on Frontier's wholesale website, (c) in any case where TCG WVN's order conflicts with a non-impaired UNE Wire Center designation that the Commission or the FCC has ordered or approved or that has otherwise been confirmed through previous dispute resolution (regardless of whether TCG WVN was a party to such dispute resolution), or (d) as otherwise permitted under the Federal Unbundling Rules (including, but not limited to, upon a determination by the Commission, the FCC, or a court of competent jurisdiction that Frontier may reject orders for TRRO Certification Elements without first seeking dispute resolution).