Common use of Routine Network Modifications Clause in Contracts

Routine Network Modifications. 7.12.1 SBC MISSOURI shall make routine network modifications to UNE Dedicated Transport Dark Fiber used by requesting Telecommunications Carriers for the provision of Telecommunication Services where the requested UNE Dedicated Transport Dark Fiber facilities have already been constructed. SBC MISSOURI shall perform routine network modifications to UNE Dedicated Transport Dark Fiber in a nondiscriminatory fashion, without regard to whether such fiber being accessed was constructed on behalf, or in accordance with the specifications, of any Telecommunications Carrier. 7.12.2 A routine network modification is an activity that SBC MISSOURI regularly undertakes for its own customers. Routine network modifications do not include the installation of fiber for a requesting Telecommunications Carrier, nor do routine network modifications include the provision of electronics for the purpose of lighting dark fiber (i.e., optronics), and SBC MISSOURI is not obligated to perform those activities for a requesting Telecommunications Carrier. 7.12.3 Routine network modifications do not include constructing new UNE Dedicated Transport Dark Fiber; installing new cable; securing permits or rights-of-way; constructing and/or placing new manholes or conduits; or installing new terminals. SBC MISSOURI is not obligated to perform those activities for a requesting telecommunications carrier. 7.12.4 SBC MISSOURI shall determine whether and how to perform routine network modifications using the same network or outside plant engineering principles that would be applied in providing service to SBC MISSOURI’s retail customers. 7.12.5 Notwithstanding anything to the contrary herein, SBC MISSOURI’s obligations with respect to routine network modifications apply only where the dark fiber transport transmission facilities are subject to unbundling. 7.12.6 SBC MISSOURI shall provide routine network modifications at the rates, terms and conditions set out in this Attachment, and in the Appendix Pricing. A rate for any routine network modification shown as “ICB” in Appendix Pricing or the applicable tariff indicates that the Parties have not negotiated, and/or that the State Commission has not reviewed and approved, a specific rate for that routine network modification. The ICB rate shall be determined on an individual case basis and shall reflect an engineering estimate of the actual costs of time and materials required to perform the routine network modification; provided, however, that the ICB rate shall not include any costs already recovered through existing, applicable recurring and non-recurring charges. The resulting ICB rates shall continue to apply to such routine network modifications unless and until the Parties negotiate specific rates for such routine network modifications or specific rates are otherwise established for such routine network modifications. *148.0 RESERVED

Routine Network Modifications. 7.12.1 4.5.1 SBC MISSOURI shall make routine network modifications to UNE Dedicated Transport Dark Fiber local loop facilities used by requesting Telecommunications Carriers for the provision of Telecommunication Services telecommunications carriers where the requested UNE Dedicated Transport Dark Fiber facilities have local loop facility has already been constructed. SBC MISSOURI shall perform routine network modifications to UNE Dedicated Transport Dark Fiber local loop facilities in a nondiscriminatory fashion, without regard to whether such fiber the UNE local loop facility being accessed was constructed on behalf, or in accordance with the specifications, of any Telecommunications Carriercarrier. 7.12.2 4.5.2 A routine network modification is an activity that SBC MISSOURI regularly undertakes for its own customers. Routine network modifications do not include rearranging or splicing of existing cable; adding an equipment case; adding a doubler or repeater; adding a ▇▇▇▇▇ ▇▇▇▇; installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an existing multiplexer; and attaching electronic and other equipment that the installation of fiber incumbent LEC ordinarily attaches to activate such loops for a requesting Telecommunications Carrier, nor do routine its own retail customers under the same conditions and in the same manner that SBC MISSOURI does for its own customers. Routine network modifications include the provision of electronics for the purpose of lighting dark fiber (i.e.may entail activities such as accessing manholes, optronics)deploying bucket trucks to reach aerial cable, and installing equipment casings. SBC MISSOURI is not obligated to perform those activities will place drops in the same manner as it does for a requesting Telecommunications Carrierits own customers. 7.12.3 4.5.3 Routine network modifications do not include constructing new UNE Dedicated Transport Dark Fiberloops; installing new cable; securing permits or permits, rights-of-way; constructing and/or placing new manholes or conduits; or installing new terminals; removing or reconfiguring packetized transmission facility. SBC MISSOURI is not obligated to perform those activities for a requesting telecommunications carrier. 7.12.4 4.5.3.1 SBC MISSOURI shall determine whether and how to perform routine network modifications using the same network or outside plant engineering principles that would be applied in providing service to SBC MISSOURI’s retail customers. 7.12.5 4.5.3.2 This Agreement does not require SBC MISSOURI to deploy time division multiplexing-based features, functions and capabilities with any copper or fiber packetized transmission facility to the extent SBC MISSOURI has not already done so; remove or reconfigure packet switching equipment or equipment used to provision a packetized transmission path; reconfigure a copper or fiber packetized transmission facility to provide time division multiplexing-based features, functions and capabilities; to deploy TDM voice grade transmission capacity into new or existing networks that never had TDM capability; nor does this Agreement prohibit SBC MISSOURI from upgrading a customer from a TDM-based service to a packet switched or packet transmission service, or removing copper loops or subloops from the network, provided SBC MISSOURI complies with the copper loop or subloop retirement rules in 47 C.F.R. 51.319(a)(3)(iii). 4.5.3.3 Notwithstanding anything to the contrary herein, SBC MISSOURI’s obligations with respect to routine network modifications apply only where the dark fiber transport loop transmission facilities are subject to unbundlingunbundling and, as to access to the TDM capabilities of SBC MISSOURI’s hybrid loops, only with respect to any existing capabilities of SBC MISSOURI’s hybrid loops. SBC MISSOURI has no obligation to perform routine network modifications in connection with FTTH loops or FTTC loops. 7.12.6 4.5.4 SBC MISSOURI shall provide routine network modifications at the rates, terms and conditions set out in this Attachment, Attachment and in the Appendix Pricing. A rate for any routine network modification shown as “ICB” in Appendix Pricing or the applicable tariff indicates that the Parties have not negotiated, and/or that the State Commission has not reviewed and or approved, a specific rate for that routine network modification. The ICB rate shall be determined on an individual case basis and shall reflect an engineering estimate of the actual costs of time and materials required to perform the routine network modification; provided, however, that the ICB rate shall not include any costs already recovered through existing, applicable recurring and non-recurring charges. The resulting ICB rates shall continue to apply to such routine network modifications unless and until the Parties negotiate specific rates for such routine network modifications or specific rates are otherwise established for such routine network modifications. *148.0 RESERVED.