Adherence to National Industry Standards Clause Samples
The Adherence to National Industry Standards clause requires parties to comply with the established norms and practices recognized within their specific industry at the national level. This means that any goods, services, or processes provided under the agreement must meet or exceed the minimum standards set by relevant industry bodies or regulatory authorities. For example, a construction contract might require that all building materials and workmanship conform to the standards set by a national construction association. The core function of this clause is to ensure quality, safety, and consistency by holding parties accountable to widely accepted benchmarks, thereby reducing the risk of substandard performance or disputes over what constitutes acceptable work.
Adherence to National Industry Standards. 44.6.1. In providing advanced service loop technology, Sprint shall allow CLEC to deploy underlying technology that does not significantly interfere with other advanced services and analog circuit-switched voice band transmissions.
44.6.2. Until long term industry standards and practices can be established, a particular technology shall be presumed acceptable for deployment under certain circumstances. Deployment that is consistent with at least one of the following circumstances presumes that such loop technology will not significantly degrade the performance of other advanced services or impair traditional analog circuit-switched voice band services:
44.6.2.1. Complies with existing industry standards, including an industry-standard PSD mask, as well as modulation schemes and electrical characteristics;
44.6.2.2. Is approved by an industry standards body, the FCC, or any state commission or;
44.6.2.3. Has been successfully deployed by any CLEC without significantly degrading the performance of other services.
44.6.2.4. Where CLEC seeks to establish that deployment of a technology falls within the presumption of acceptability under paragraph 44.6.2.3, the burden is on CLEC to demonstrate to the Commission that its proposed deployment meets the threshold for a presumption of acceptability and will not, in fact, significantly degrade the performance of other advanced services or traditional voice band services.
44.6.3. If a deployed technology significantly degrades other advanced services, the affected Party will notify the interfering party and give them a reasonable opportunity to correct the problem. The interfering Party will immediately stop any new deployment until the problem is resolved to mitigate disruption of other carrier services. If the affected parties are unable to resolve the problem, they will present factual evidence to the Commission for review and determination. If the Commission determines that the deployed technology is the cause of the interference, the deploying party will remedy the problem by reducing the number of existing customers utilizing the technology or by migrating them to another technology that does not disturb.
44.6.4. When the only degraded service itself is a known disturber and the newly deployed technology is presumed acceptable pursuant to Section 44.6.2, the degraded service shall not prevail against the newly deployed technology.
44.6.5. If Sprint denies a request by CLEC to deploy a technology, it will provide...
Adherence to National Industry Standards. 45.8.1. In providing advanced service loop technology, Embarq shall allow CLEC to deploy underlying technology that does not significantly interfere with other advanced services and analog circuit-switched voice band transmissions.
45.8.2. Until long term industry standards and practices can be established, a particular technology shall be presumed acceptable for deployment under certain circumstances. Deployment that is consistent with at least one of the following circumstances presumes that such loop technology will not significantly degrade the performance of other advanced services or impair traditional analog circuit-switched voice band services:
(a) Complies with existing industry standards, including an industry- standard PSD mask, as well as modulation schemes and electrical characteristics;
(b) Is approved by an industry standards body, the FCC, or any state commission or;
(c) Has been successfully deployed by any CLEC without significantly degrading the performance of other services.
Adherence to National Industry Standards. 44.8.1. In providing advanced service loop technology, Sprint shall allow CLEC to deploy underlying technology that does not significantly interfere with other advanced services and analog circuit-switched voice band transmissions.
44.8.2. Until long term industry standards and practices can be established, a particular technology shall be presumed acceptable for deployment under certain circumstances. Deployment that is consistent with at least one of the following circumstances presumes that such loop technology will not significantly degrade the performance of other advanced services or impair traditional analog circuit-switched voice band services:
44.8.2.1. Complies with existing industry standards, including an industry-standard PSD mask, as well as modulation schemes and electrical characteristics;
44.8.2.2. Is approved by an industry standards body, the FCC, or any state commission or;
44.8.2.3. Has been successfully deployed by any CLEC without significantly degrading the performance of other services.
44.8.2.4. Where CLEC seeks to establish that deployment of a technology falls within the presumption of acceptability under paragraph 44.8.2.3, the burden is on CLEC to demonstrate to the Commission that its proposed deployment meets the threshold for a presumption of acceptability. Where CLEC seeks to establish that deployment of a technology falls within the presumption of acceptability under the paragraph 44.8.2.3, the burden is on the CLEC to demonstrate to the Commission that its proposed technology will not significantly degrade the performance of other advanced services or traditional voice brand services and the deployment meets the threshold for a presumption of acceptability.