Interim Universal Service Charge. It is GTE’s position that GTE’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells GTE’s local service but does not resell GTE’s intraLATA toll service. For this reason, GTE will not resell basic exchange residential or business services unless Gulf Coast pays the monthly interim universal service support charge set forth in Appendix A. GTE believes that this interim surcharge is required by state and federal law. The lawfulness of GTE’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that GTE will offer for resale basic exchange residential and business services at the avoided cost discount rate set forth in Appendix A without the interim surcharge, but subject to the following terms and conditions:
Interim Universal Service Charge. It is Verizon’s position that Verizon’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells Verizon’s local service but does not resell Verizon’s intraLATA toll service. For this reason, Verizon will not resell basic exchange residential or business services unless ServiSense pays the monthly interim universal service support charge set forth in Appendix A. Verizon believes that this interim surcharge is required by state and federal law. The lawfulness of Verizon’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that Verizon will offer for resale basic exchange residential and business services at the avoided cost discount rate set forth in Appendix A without the interim surcharge, but subject to the following terms and conditions:
Interim Universal Service Charge. It is VERIZON’s position that VERIZON’s current intraLATA toll rates include implicit subsidies that support below-cost prices for other services and thus promote universal service. This universal service support is lost where a CLEC resells VERIZON’s local service but does not resell VERIZON’s intraLATA toll service. For this reason, VERIZON contends it should not be required to resell basic exchange residential or business services unless SPRINT pays the monthly interim universal service support charge set forth in Appendix A. VERIZON believes that this interim surcharge is required by state and federal law. The lawfulness of VERIZON’s interim surcharge is being addressed (or will be addressed) by the Commission or a court of competent jurisdiction. The parties agree that VERIZON will offer for resale basic exchange residential and business services at the avoided cost discount rate set forth in Appendix A without the interim surcharge, but subject to the following terms and conditions: SPRINT agrees that, if an order by the Commission or a court of competent jurisdiction affirming VERIZON’s interim surcharge is issued during the term of this Agreement, Sprint shall, within thirty (30) days after the effective date of such order (i) begin paying the monthly interim surcharge in accord with Appendix C, and (ii) make a lump sum payment to VERIZON of the total interim surcharges retroactive to the effective date of this Agreement. VERIZON further expressly reserves its right to seek retroactive true-up from Sprint of such interim surcharges under this Agreement in the event the Commission or a court of competent jurisdiction issues an order affirming VERIZON’s interim surcharge after the expiration of this Agreement. Notwithstanding any provision in this Agreement, VERIZON reserves the right to, at its sole discretion and at any time, seek injunctive or other relief (i) requiring SPRINT to pay VERIZON's interim surcharge or (ii) requiring the Commission to immediately impose the interim surcharge. Nothing in this Agreement shall restrict or impair VERIZON from seeking injunctive relief or any other remedy at any time and in any court regarding VERIZON's interim surcharge or the Commission's rejection or modification of VERIZON's interim surcharge. Universal Service Fund (USF) Support Surcharge Residential (per line) $ 3.79 Business (per line) $ 5.51 UNBUNDLED NETWORK ELEMENTS (UNEs) ATTACHMENT General. This UNE Attachment (Attachment), together with Article...
