Section 252(i) Obligations Sample Clauses

Section 252(i) Obligations. 29.11.1 To the extent required under Applicable Law, BA shall make available without unreasonable delay to TCG any individual interconnection, service or network element contained in any agreement to which it is a party that is approved by the Commission pursuant to Section 252 of the Act upon the same rates, terms, and conditions as those provided in the agreement. BA agrees to notify TCG on a quarterly basis via an “all users of access” letter or similar notice of any such agreement once BA has filed it with the Commission for approval. 29.11.2 To the extent the exercise of the foregoing options requires a rearrangement of facilities by the providing Party, the opting Party shall be liable for the non-recurring charges associated therewith. 29.11.3 The Party electing to exercise such option shall do so by delivering written notice to the first Party. Upon receipt of said notice by the first Party, the Parties shall amend this Agreement to provide the same rates, terms and conditions to the notifying Party for the remaining term of this Agreement; provided, however, that the Party exercising its option under this subsection 29.11 must continue to provide the same services or arrangements to the first Party as required by this Agreement, subject either to the rates, terms, and conditions applicable to the first Party in its agreement with the third party or to the rates, terms, and conditions of this Agreement, whichever is more favorable to the first Party in its sole determination. 29.11.4 BA represents and warrants that, as of the date of this Agreement, it has not entered into any comparable Interconnection agreement with any other CLEC in BA’s service territory that is significantly more favorable than the terms contained herein. BA makes no warranty or representation with respect to its Interconnection arrangements with its affiliates or ITCs.

Section 252(i) Obligations. 29.11.1 If, at any time during the term of this Agreement, either Party enters into an agreement to provide an integrated package of services or arrangements substantially similar to that described herein to another CLEC (in the case of BA), or another incumbent LEC (in the case of MFS), operating within the same state to which this Agreement applies, on terms significantly different than those available under this Agreement (the "Other Agreement"), then the other Party may opt to adopt, on a prospective basis only, the rates, terms, and conditions contained in the Other Agreement (i) in its entirety, or (ii) that relate directly to any of the following individual services, Network Elements, or arrangements, for its own reciprocal arrangements with the first Party, including, without limitation, any term or volume commitments or network architecture configurations: (a) Unbundled Loop Elements - Section 251(c)(3) of the Act (Section 11 of this Agreement); or (b) Collocation - Section 251(c)(6) of the Act (Section 13 of this Agreement); or (c) Number Portability - Section 251(b)(2) of the Act (Section 14 of this Agreement); or (d) Access to Rights of Way - Section 251(b)(4) of the Act (Section 16 of this Agreement).

Section 252(i) Obligations. 29.11.1 If at any time during the term of this Agreement, either Party enters into an agreement to provide an integrated package of services or arrangements substantially similar to that described herein to another CLEC (in the case of BA), or another incumbent LEC (in the case of MFS), operating within the same state to which this Agreement applies, on terms significantly different than those available under this Agreement (the "Other Agreement"), then the other Party may opt to adopt, on a prospective basis only, the rates, terms and conditions contained in the Other Agreement (i) in its entirety, or (ii) that relate directly to any of the following individual services. Network Elements, or arrangements, for its own reciprocal arrangements with the first Party, including, without limitation, any term or volume commitments or network architecture configurations:

Section 252(i) Obligations. If either Party enters into an agreement (the "Other Agreement") approved by the Commission pursuant to Section 252 of the Act which provides for the provision of any Interconnection, service or Network Element arrangement covered in this Agreement within the State of Indiana to another requesting Telecommunications Carrier, including itself or its Affiliate, such Party shall make available to the other Party such arrangements upon the same rates, terms and conditions as those provided in the Other Agreement. At its sole option, upon written notice, a requesting Party may avail itself of either (i) the Other Agreement in its entirety or (ii) the prices, terms and conditions of the Other Agreement that directly relate to any of the following individual provisions as a whole: (1) Interconnection - Section 251(c)(2) of the Act (Sections 4.0 and 5.0 of this Agreement); or (2) Exchange Access - Section 251(c)(2) of the Act (Section 6.0 of this Agreement); or

Section 252(i) Obligations. Upon request of PriCellular and to the extent required under Applicable Law, BA shall make available without unreasonable delay to PriCellular any individual interconnection, service or network element upon the same rates, terms and conditions as those contained in any agreement to which it is a party that is approved by the Commission or the FCC pursuant to Section 252 of the Act (an "Approved Agreement"). Upon request of PriCellular, and to the extent required by Applicable Law, BA will negotiate in good faith to make available any additional interconnection, service or network element not provided for in any Approved Agreement. The Parties understand and agree that Approved Agreements on file with the Commission are available to the public pursuant to Section 251 of the Act.

Section 252(i) Obligations. If either Party enters into an agreement (the "Other Agreement") approved by the Commission or FCC pursuant to Section 252 of the Act (regardless of whether the approved agreement was negotiated or arbitrated) which provides for the provision of arrangements covered in this Agreement to another requesting Telecommunications Carrier, including an Affiliate, such Party shall make available to the other Party such arrangements upon the same rates, terms and conditions as those provided in the Other Agreement. At its sole option, the other Party may avail itself of either: 30.16.1 the Other Agreement in its entirety; or 30.16.2 the prices, terms and conditions of the Other Agreement that directly relate to any of the following duties as a whole: (a) Interconnection - Section 251(c)(2); 252(d)(1); and 271(c)(2)(B)(i) of the Act; or (b) Switched Access - Section 251(c)(2) and 271(c)(2)(B)(ii) of the Act; or (c) Unbundling - Section 251(c)(3) and 271(c)(2)(B)(ii) of the Act; or (d) Resale - Section 251(c)(4) and 271(c)(2)(B)(xiv) of the Act; or (e) Collocation - Section 251(c)(6) and 271(c)(2)(B)(i) of the Act; or (f) Number Portability - Section 251(b)(2) and 271(c)(2)(B)(xi) of the Act; or (g) Database Access - Section 271(c)(2)(B)(x) of the Act; or (h) Access to Rights of Way - Section 251(b)(4) and 271(c)(2)(B)(iii) of the Act; or (i) Operator Services - Section 271(c)(2)(B)(vii)(III); or (j) Directory Assistance - Section 271(c)(2)(B)(vii)(II).

Section 252(i) Obligations. 27.5.1 To the extent required under Applicable Law, each Party shall comply with the requirements of Section 252(i) of the Act. 27.5.2 To the extent that the exercise of the foregoing section 252(i) option requires a rearrangement of facilities by the providing Party, the opting Party shall be liable for all costs associated therewith.