Overbuilds. Embarq will not provide non-discriminatory access to FTTH Loop or FTTC Loop on an unbundled basis when Embarq has deployed a FTTH Loop or FTTC Loop parallel to, or in replacement of, an existing loop facility, except that:
Overbuilds. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 2 above and Section 4.4 below), Verizon is not required to provide nondiscriminatory access to an FTTH Loop or an FTTC Loop on an unbundled basis when Verizon has deployed such a loop parallel to, or in replacement of, an existing copper loop facility, except that (a) Verizon must maintain the existing copper loop connected to the particular customer premises after deploying the FTTH or FTTC Loop and provide nondiscriminatory access to that copper loop on an unbundled basis unless Verizon retires the copper loop pursuant to paragraph 47 C.F.R. § 51.319(a)(3)(iv); (b) If Verizon maintains the existing copper loops pursuant to 47 C.F.R. § 51.319(a)(3)(iii)(A), it need not incur any expenses to ensure that the existing copper loop remains capable of transmitting signals prior to receiving a request for access pursuant to that paragraph, in which case Verizon shall restore the copper loop to serviceable condition upon request; and
Overbuilds. Sprint will not provide non-discriminatory access to FTTH Loop on an unbundled basis when Sprint has deployed a FTTH Loop parallel to, or in replacement of, an existing loop facility, except that:
Overbuilds. CenturyLink will not provide CLEC non-discriminatory access to a FTTH or FTTC loop on an unbundled basis when CenturyLink has deployed such a loop in parallel to, or in replacement of, an existing Copper Loop facility, except that:
Overbuilds. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 2 above), if (a) Verizon deploys an FTTH or FTTC 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 SPRINT'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 SPRINT 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.
Overbuilds. To the knowledge of Seller and except as set forth ---------- in Schedule 3.27, (i) no construction programs have been undertaken or are proposed or threatened to be undertaken by any municipality or other cable television, multichannel multipoint distribution system or multipoint distribution system provider or operator in any Franchise area served by the System; and (ii) no franchise or other application or request of any person is pending, threatened or proposed. Except as set forth on Schedule 3.27, Seller is not, nor is an affiliate of Seller, a party to any agreement restricting the ability of a third party to operate cable television systems in the Franchise areas.
Overbuilds. No area presently served by Seller's CATV business is presently subject to or, to Seller's best knowledge, threatened to be subject to an overbuild situation. Seller is currently the only cable television operator providing or, to Seller's best knowledge, intending to provide cable television service in the Service Areas. No person or entity other than Seller has been granted or to Seller's knowledge, has applied for APUC Certificates or a CATV franchise agreement in any of the communities (or any of the unincorporated areas) presently served by Seller's CATV Business.
Overbuilds. As of the date of this Agreement, except as set forth on SCHEDULE 5.21 there are no material competing activated wired cable television services offered by other cable television operators in the areas actually served by the Systems. To Sellers' knowledge as of the date hereof, except as set forth on SCHEDULE 5.21 no competing franchises have been issued to other persons to operate cable television systems in the areas served by the Systems (other than county areas where the Systems serve less than the entire county), and to Sellers' knowledge no formal applications to obtain such competing franchises are pending.
Overbuilds. Except as set forth in Schedule 4.29, (i) no construction ---------- ------------- programs have been undertaken, or to Sellers' knowledge, are proposed or threatened to be undertaken, by any municipality or other cable television, multichannel multipoint distribution Systems or multipoint distribution Systems provider or operator in any Franchise Area served by the Systems; and (ii) no franchise or other application or request of any person is pending or to Sellers' knowledge, threatened or proposed which relates to, or which could adversely affect the Systems. Except as set forth on Schedule 4.29 the Company ------------- is not, nor is an Affiliate of the Company, a party to any agreement restricting the ability of a third party to operate cable television Systems in the Franchise Areas.
Overbuilds. To Seller's Knowledge, within the communities set forth on Schedule 1.28: (a) no franchise has been issued, and no application therefor is pending, that relates to the operation of a cable television system by a person other than Seller; (b) no person other than Seller is providing cable television service under a franchise granted by any local franchising authority; and (c) no person is providing cable television service who has not obtained a franchise permitting the construction, operation and maintenance of a cable television system.