Common use of Network Elements Clause in Contracts

Network Elements. 9.2.1 SBC-AMERITECH shall provide AT&T access to Network Elements on an unbundled basis (and combinations of Network Elements as set forth in Section 9.3 of this Article) at rates, terms and conditions that are just, reasonable and non- discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act and applicable FCC Orders and other applicable laws. 9.2.2 SBC-AMERITECH will permit AT&T to interconnect AT&T’s facilities or facilities provided by AT&T or to AT&T by SBC-AMERITECH or third parties with each of SBC-AMERITECH’s unbundled Network Elements or Combinations at any technically feasible point designated by AT&T. Any request by AT&T to interconnect at a point not previously established: (i) in accordance with the terms of this Agreement (e.g., other than as set forth in the descriptions of unbundled Network Elements and Combinations under the following provisions of this Article IX and Schedules 9.2.1 through 9.2.9), or (ii) under any arrangement SBC-AMERITECH may have with another Telecommunications Carrier, shall be subject to the Bona Fide Request process set forth on Schedule 2.2 of this Agreement. 9.2.3 At such time that AT&T provides SBC-AMERITECH with an order for particular unbundled Network Elements or Combinations, AT&T, at its option, may designate any technically feasible network interface, including without limitation, DS0, DS-1 and DS-3 interfaces, and any other interface described in the applicable Bell Communications Research (“Bellcore”) and any other industry standard technical references. Any such requested network interface shall be provided by SBC- AMERITECH, unless SBC-AMERITECH provides AT&T, within five (5) days, with a written notice that it believes such a request is technically infeasible, including a detailed statement supporting such claim. Any such denial shall be resolved in accordance with the Alternative Dispute Resolution process set forth in Article XXVIII of this Agreement. Unless otherwise specified, any references to DS-1 in this Article IX shall mean, at AT&T’s option, either DS-1 AMI or xDSL facility. 9.2.4 AT&T may use one or more Unbundled Network Elements or Combinations to provide to AT&T Customers any feature, function, capability or service option that such Network Element provided on an unbundled basis or Combination is technically capable of providing or any feature, function, capability or service option that is described in the Telcordia and other industry standard technical references. 9.2.5 For each Network Element ordered individually, SBC- AMERITECH shall provide a demarcation point (e.g., an interconnection point at a Digital Signal Cross Connect or Light Guide Cross Connect panels or a Main or Intermediate Distribution Frame) and, if necessary, access to such demarcation point, which AT&T agrees is suitable. However, where SBC-AMERITECH provides a Combination of contiguous SBC-AMERITECH Network Elements to AT&T, SBC-AMERITECH will provide the existing interconnections and no demarcation shall exist between such contiguous SBC-AMERITECH Network Elements. SBC-AMERITECH will provide access to UNEs where technically feasible. Where facilities and equipment are not available, SBC-AMERITECH shall not be required to provide Network Elements on an unbundled basis. However, AT&T may request and, to the extent required by law, SBC- AMERITECH shall agree to provide UNEs, through the Bona Fide Request (“BFR”) process as set forth on Schedule 2.2 of this Agreement. 9.2.6 When an existing service employed by AT&T is replaced with a combination(s) of Network Elements (including a combination of Network Elements), SBC-AMERITECH will not physically disconnect or separate in any other fashion equipment and facilities employed to provide the service(s) unless requested by AT&T. Charges for such transitioning of an existing service(s) to a combination of Network Elements are priced at total element long-run incremental cost as set forth on the Pricing Schedule. 9.2.7 This Section includes a list of the initial set of Network Elements to be provided on an unbundled basis and associated ancillary equipment that AT&T and SBC-AMERITECH have identified as of the Effective Date of this Agreement. These Network Elements are described in detail in the Schedules Attached hereto. AT&T and SBC-AMERITECH agree that the Network Elements identified in this Article IX are not exclusive and that pursuant to the Bona Fide Request process AT&T may identify and request that SBC-AMERITECH furnish additional or revised Network Elements to the extent required under Section 251(c)(3) of the Act and other applicable laws. Failure to list a Network Element herein shall not constitute a waiver by AT&T to obtain a Network Element subsequently defined by the FCC or by the state commission. The Network Elements to be provided on an unbundled basis include the following: 9.2.7.1 Loop; 9.2.7.2 Dark Fiber; 9.2.7.3 Network Interface Device; 9.2.7.4 Subloop; 9.2.7.5 Local Switching, including tandem switching and packet switching, as provided in Schedule 9.2.6; 9.2.7.6 Interoffice Transmission Facilities, including Dedicated, and Shared Transport; 9.2.7.7 Signaling Links and Call-Related Databases; 9.2.7.8 Operations Support Systems (“OSS”) (see Article XXXIII). 9.2.7.9 Operator Services, Directory Assistance and Directory Assistance Data

Network Elements. 9.2.1 SBC-AMERITECH shall provide AT&T access to Network Elements on an unbundled basis (and combinations of Network Elements as set forth in Section 9.3 of this Article) at rates, terms and conditions that are just, reasonable and non- discriminatory in accordance with the terms and conditions of this Agreement and the requirements of Section 251 and Section 252 of the Act and applicable FCC Orders and other applicable laws. 9.2.2 SBC-AMERITECH will permit AT&T to interconnect AT&T’s facilities or facilities provided by AT&T or to AT&T by SBC-AMERITECH or third parties with each of SBC-AMERITECH’s unbundled Network Elements or Combinations at any technically feasible point designated by AT&T. Any request by AT&T to interconnect at a point not previously established: (i) in accordance with the terms of this Agreement (e.g., other than as set forth in the descriptions of unbundled Network Elements and Combinations under the following provisions of this Article IX and Schedules 9.2.1 through 9.2.9), or (ii) under any arrangement SBC-AMERITECH may have with another Telecommunications Carrier, shall be subject to the Bona Fide Request process set forth on Schedule 2.2 of this Agreement. 9.2.3 At such time that AT&T provides SBC-AMERITECH with an order for particular unbundled Network Elements or Combinations, AT&T, at its option, may designate any technically feasible network interface, including without limitation, DS0, DS-1 and DS-3 interfaces, and any other interface described in the applicable Bell Communications Research (“Bellcore”) and any other industry standard technical references. Any such requested network interface shall be provided by SBC- AMERITECH, unless SBC-AMERITECH provides AT&T, within five (5) days, with a written notice that it believes such a request is technically infeasible, including a detailed statement supporting such claim. Any such denial shall be resolved in accordance with the Alternative Dispute Resolution process set forth in Article XXVIII of this Agreement. Unless otherwise specified, any references to DS-1 DS1 in this Article IX shall mean, at AT&T’s option, either DS-1 DS1 AMI or xDSL facility. 9.2.4 AT&T may use one or more Unbundled Network Elements or Combinations to provide to AT&T Customers any feature, function, capability or service option that such Network Element provided on an unbundled basis or Combination is technically capable of providing or any feature, function, capability or service option that is described in the Telcordia and other industry standard technical references. 9.2.5 For each Network Element ordered individually, SBC- AMERITECH shall provide a demarcation point (e.g., an interconnection point at a Digital Signal Cross Connect or Light Guide Cross Connect panels or a Main or Intermediate Distribution Frame) and, if necessary, access to such demarcation point, which AT&T agrees is suitable. However, where SBC-AMERITECH provides a Combination of contiguous SBC-AMERITECH Network Elements to AT&T, SBC-AMERITECH will provide the existing interconnections and no demarcation shall exist between such contiguous SBC-AMERITECH Network Elements. SBC-AMERITECH will provide access to UNEs where technically feasible. Where facilities and equipment are not available, SBC-AMERITECH shall not be required to provide Network Elements on an unbundled basis. However, AT&T may request and, to the extent required by law, SBC- AMERITECH shall agree to provide UNEs, through the Bona Fide Request (“BFR”) process as set forth on Schedule 2.2 of this Agreement. 9.2.6 When an existing service employed by AT&T is replaced with a combination(s) of Network Elements (including a combination of Network Elements), SBC-AMERITECH will not physically disconnect or separate in any other fashion equipment and facilities employed to provide the service(s) unless requested by AT&T. Charges for such transitioning of an existing service(s) to a combination of Network Elements are priced at total element long-run incremental cost as set forth on the Pricing Schedule. 9.2.7 This Section includes a list of the initial set of Network Elements to be provided on an unbundled basis and associated ancillary equipment that AT&T and SBC-AMERITECH have identified as of the Effective Date of this Agreement. These Network Elements are described in detail in the Schedules Attached hereto. AT&T and SBC-AMERITECH agree that the Network Elements identified in this Article IX are not exclusive and that pursuant to the Bona Fide Request process AT&T may identify and request that SBC-AMERITECH furnish additional or revised Network Elements to the extent required under Section 251(c)(3) of the Act and other applicable laws. Failure to list a Network Element herein shall not constitute a waiver by AT&T to obtain a Network Element subsequently defined by the FCC or by the state commission. The Network Elements to be provided on an unbundled basis include the following: 9.2.7.1 Loop; 9.2.7.2 Dark Fiber; 9.2.7.3 Network Interface Device; 9.2.7.4 Subloop; 9.2.7.5 Local Switching, including tandem switching and packet switching, as provided in Schedule 9.2.6; 9.2.7.6 Interoffice Transmission Facilities, including Dedicated, and Shared Transport; 9.2.7.7 Signaling Links and Call-Related Databases; 9.2.7.8 Operations Support Systems (“OSS”) (see Article XXXIII). 9.2.7.9 Operator Services, Directory Assistance and Directory Assistance Data