FTTP Loops – Overbuilds Clause Samples
The 'FTTP Loops – Overbuilds' clause governs situations where new fiber-to-the-premises (FTTP) infrastructure is constructed in areas already served by existing FTTP networks, a process known as overbuilding. This clause typically outlines the rights and obligations of parties when additional fiber loops are installed, such as notification requirements, coordination procedures, or limitations to prevent unnecessary duplication of infrastructure. Its core practical function is to manage and mitigate conflicts or inefficiencies that may arise from overlapping network builds, ensuring orderly deployment and protecting investments in existing infrastructure.
FTTP Loops – Overbuilds. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 2 above) or any Verizon tariff or SGAT, if (a) Verizon deploys an FTTP Loop to replace a copper Loop previously used to serve a particular end user’s customer premises, and (b) Verizon retires that copper loop and there are no other available copper Loops or Hybrid Loops for NetCarrier's provision of a voice grade service to that end user’s customer premises, then in accordance with, but only to the extent required by, 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Verizon shall provide NetCarrier with nondiscriminatory access on an unbundled basis to a transmission path capable of providing DS0 voice grade service to that end user’s customer premises.
FTTP Loops – Overbuilds. If an FTTP Loop replaces a copper Loop that Verizon has retired, and there are no other available copper Loops or Hybrid Loops for ***CLEC Acronym TXT***'s provision of a voice grade service to its end user customer, Verizon shall provide ***CLEC Acronym TXT*** with nondiscriminatory access on an unbundled basis to a transmission path, capable of carrying voice grade service, from the main distribution frame (or its equivalent) in a Verizon wire center serving the end user to the demarcation point at the end user’s customer premises. For the avoidance of doubt, in no event shall ***CLEC Acronym TXT*** be entitled to obtain access to an FTTP Loop (or any segment thereof) on an unbundled basis where Verizon has deployed such a Loop to an end user customer's premises that previously was not served by any Verizon Loop other than an FTTP Loop.
FTTP Loops – Overbuilds. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 2 above) or any Verizon tariff or SGAT, if (a) Verizon deploys an FTTP Loop to replace a copper Loop previously used to serve a particular end user’s customer premises, and (b) Verizon retires that copper loop and there are no other available copper Loops or Hybrid Loops for CBB's provision of a voice grade service to that end user’s customer premises, then in accordance with, but only to the extent required by, 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, Verizon shall provide CBB with nondiscriminatory access on an unbundled basis to a transmission path capable of providing DS0 voice grade service to that end user’s customer premises. For the avoidance of doubt, in no event shall CBB be entitled to obtain access to an FTTP Loop (or any segment or functionality thereof) on an unbundled basis where Verizon has deployed such a Loop to the customer premises of an end user that previously was not served by any Verizon Loop other than an FTTP Loop.
