Common use of Transitional Issues Clause in Contracts

Transitional Issues. 3.9.1 With respect to those network elements that are Nonconforming Facilities as of the effective date of this Amendment (“Existing Nonconforming Facilities”) (e.g.specifically, OCn loops and OCn transport and Dark Fiber Channel Termination Facilities) the Parties agree that Verizon shall continue to provide unbundled access to such Nonconforming Facilities in accordance with this Section. Notwithstanding anything to the contrary, elements and facilities that are required to be unbundled pursuant to Applicable Law, including, but not limited to, an order of the ***State Commission TXT***, a court of competent jurisdiction, and Section 271 of the Act, shall not be considered Nonconforming Facilities. 3.9.1.1 Transition from Existing Nonconforming Facilities will be handled on a project basis. The Parties agree to establish a transition schedule within the longer of (a) the period dictated by the terms of the Agreement, or (b) 90 days of the Effective Date of this Amendment. Should the Parties be unable to agree on a schedule within such period, then either Party may utilize the dispute resolution procedures set forth in the Amended Agreement. At the end of the transition period (established by agreement or via dispute resolution), unless ***CLEC Acronym TXT*** has submitted an LSR or ASR (as appropriate) to Verizon requesting disconnection or migration of the Existing Nonconforming Facility, Verizon shall convert the subject Existing Nonconforming Facilities to the most closely analogous access service available, or if no analogous access service is available, to such other service arrangement as Verizon and ***CLEC Acronym TXT*** may agree upon (e.g., by separate agreement); provided, however, that where there is no analogous access service, and ***CLEC Acronym TXT*** and Verizon have failed to reach agreement as to a substitute service, then either party may petition the Commission to inititate a proceeding to determine an appropriate just and reasonable rate for the Existing Nonconforming Facilities. Verizon may, upon 30 days’ written notice, institute the market-based rates set forth in such notice for the Existing Nonconforming Facilities. Where the Existing Nonconforming Facilities are converted to an analogous access service, Verizon shall provide such access services in accordance with the rates, terms and conditions of Verizon’s applicable access tariff. 3.9.2 As to those network elements that the ***State Commission TXT*** determines, after the Effective Date of this Amendment, to be Nonconforming Facilities, the Parties agree to amend the Agreement promptly to reflect the change and establish a mutually acceptable transitional mechanism if no transitional mechanism has been previously agreed upon or specifically dictated by the ***State Commission TXT***. Notwithstanding anything to the contrary, elements and facilities that are required to be unbundled pursuant to Applicable Law, including, but not limited to, an order of the ***State Commission TXT***, a court of competent jurisdiction, and Section 271 of the Act, shall not be considered Nonconforming Facilities.

Transitional Issues. 3.9.1 With respect to those network elements that are Nonconforming Facilities as of the effective date of this Amendment (“Existing Nonconforming Facilities”) (e.g.specificallye.g., OCn loops and OCn transport and Dark Fiber Channel Termination Facilitiestransport) the Parties agree that Verizon shall continue to provide unbundled access to such Nonconforming Facilities in accordance with this Section. Notwithstanding anything to the contrary, elements and facilities that are required to be unbundled pursuant to Applicable Law, including, but not limited to, an order of the ***State Commission TXT***, a court of competent jurisdiction, and Section 271 of the Act, shall not be considered Nonconforming Facilities. 3.9.1.1 Transition from Existing Nonconforming Facilities will be handled on a project basis. The Parties agree to establish a transition schedule within the longer of (a) the period dictated by the terms of the Agreement, or (b) 90 days of the Effective Date of this Amendment. Should the Parties be unable to agree on a schedule within such period, then either Party may utilize the dispute resolution procedures set forth in the Amended Agreement. At the end of the transition period (established by agreement or via dispute resolution), unless ***CLEC Acronym TXT*** has submitted an LSR or ASR (as appropriate) to Verizon requesting disconnection or migration of the Existing Nonconforming Facility, Verizon shall convert the subject Existing Nonconforming Facilities to the most closely analogous access service available, or if no analogous access service is available, to such other service arrangement as Verizon and ***CLEC Acronym TXT*** may agree upon (e.g., by separate agreement); provided, however, that where there is no analogous access service, and ***CLEC Acronym TXT*** and Verizon have failed to reach agreement as to a substitute service, then either party may petition the Commission to inititate a proceeding to determine an appropriate just and reasonable rate for the Existing Nonconforming Facilities. Verizon may, upon 30 days’ written notice, institute the market-based rates set forth in such notice for the Existing Nonconforming Facilities. Where the Existing Nonconforming Facilities are converted to an analogous access service, Verizon shall provide such access services in accordance with the rates, terms and conditions of Verizon’s applicable access tariff. 3.9.2 As to those network elements that the ***State Commission TXT*** determines, after the Effective Date of this Amendment, to be Nonconforming Facilities, the Parties agree to amend the Agreement promptly to reflect the change and establish a mutually acceptable transitional mechanism if no transitional mechanism has been previously agreed upon or specifically dictated by the ***State Commission TXT***. Notwithstanding anything to the contrary, elements and facilities that are required to be unbundled pursuant to Applicable Law, including, but not limited to, an order of the ***State Commission TXT***, a court of competent jurisdiction, and Section 271 of the Act, shall not be considered Nonconforming Facilities.