UNBUNDLED ACCESS. Each Party shall offer to the other Party nondiscriminatory access to Network Elements on an unbundled basis at any technically feasible point pursuant to, and in accordance with the terms and provisions of, this Agreement; provided, however, that neither Party shall have any obligation to continue to provide such access with respect to any Network Element listed in Section 11.1 that ceases to be subject to an unbundling obligation under Applicable Law. Nothing in this Agreement shall obligate either Party to provide a combination of Network Elements except to the extent required by Applicable Law.
UNBUNDLED ACCESS. To the extent required by Applicable Law, and subject to the provisions of this Section 11.0 (including, without limitation, Section 11.7 hereof), BA shall offer to Level 3 nondiscriminatory access to Network Elements on an unbundled basis at any technically feasible point pursuant to, and in accordance with the terms and provisions of, this Agreement; provided, however, that BA shall not have any obligation to continue to provide such access with respect to any Network Element listed in Section 11.1 (or otherwise) that ceases to be subject to an unbundling obligation under Applicable Law; provided further that, if BA intends to cease provisioning a Network Element that it is no longer required by Applicable Law to provision, the Parties agree to work cooperatively to develop an orderly and efficient transition process for discontinuation of provisioning of such Network Element. Unless otherwise agreed to by the Parties (or required by Applicable Law), the transition period shall be at most three (3) months from the date that the FCC (or other applicable governmental entity of competent jurisdiction) issues (or issued) public notice that BA is not required to provision a particular Network Element. Level 3 may request renegotiation pursuant to Section 27.3 hereof to obtain from BA access to any Network Element not listed in Section 11.1 that is subject to a legally effective FCC or Commission order, and which BA makes available to requesting carriers under the Act; in such cases Xxxxx 0 shall not be required to use the Bona Fide Request Process to obtain nondiscriminatory access to such additional Network Element on an unbundled basis.
UNBUNDLED ACCESS. Subject to the conditions set forth in Section 11.7 below, BA shall offer to Mpower nondiscriminatory access to Network Elements as set forth below on an unbundled basis at any technically feasible point pursuant to, and in accordance with the terms and provisions of this Agreement; but, notwithstanding any other provision of this Agreement, only to the extent provision of such Network Elements on an unbundled basis is required by Applicable Law.
UNBUNDLED ACCESS. Subject to the conditions set forth in Section 1.7 below, VERIZON shall offer to SPRINT nondiscriminatory access to Network Elements as set forth below on an unbundled basis at any technically feasible point pursuant to, and in accordance with the terms and provisions of this Agreement, and the applicable rates, terms and provisions of VERIZON’s DTE MA No. 17 Tariff; but, notwithstanding any other term or provision of this Agreement or any Tariff, only to the extent provision of such Network Elements on an unbundled basis is required by Applicable Law.
UNBUNDLED ACCESS. SECTION 251(c)(3) To the extent required of each Party by Section 251 of the Act, each Party shall offer to the other Party nondiscriminatory access to Network Elements on an unbundled basis at any technically feasible point. BA shall unbundle and separately price and offer Network Elements such that DSL will be able to lease and interconnect to whichever of the Network Elements DSL requires, and to allow DSL to combine the BA-provided elements with any facilities and services that DSL may itself provide, except that DSL shall not recombine Network Elements purchased from BA for use as a substitute for the purchase at wholesale rates of Telecommunications Services that BA provides unless otherwise mandated by the FCC or the Commission or agreed to by BA with other carriers. Any combination by DSL of unbundled Network Elements purchased from BA shall be through a Collocation arrangement pursuant to Section 13.0.
UNBUNDLED ACCESS. Subject to Sections 11.1 through 11.4 below, BA shall offer to NorthPoint nondiscriminatory access to Network Elements as set forth in Sections 11.5 through 11.14 on an unbundled basis at any technically feasible point pursuant to, and in accordance with the terms and provisions of, this Agreement only to the extent provision of such Network Element is required by Applicable Law.
UNBUNDLED ACCESS. Subject to the conditions set forth in Section 11, Verizon shall offer to TCG nondiscriminatory access to Network Elements and Combinations as set forth below on an unbundled basis at any technically feasible point pursuant to, and in accordance with the terms and provisions of this Agreement and Applicable Law (including, without limitation, as set forth in the FCC’s Third Report and Order and Fourth Further Notice of Proposed Rulemaking in CC Docket No. 96-98, released November 5, 1999, and in FCC Rule 51.315(b), as each may be in effect from time to time); but, notwithstanding any other provision of this Agreement, only to the extent provision of such Network Elements and Combinations on an unbundled basis is required by Applicable Law. Such access to Network Elements and Combinations shall include all of the Network Element’s features, functions and capabilities in a manner that allows TCG to provide any Telecommunications Service that can be offered by means of the Network Element consistent with Applicable Law.
UNBUNDLED ACCESS. Subject to the conditions set forth in Section 11.7, Verizon shall offer to AT&T Broadband nondiscriminatory access to Network Elements as set forth below on an unbundled basis at any technically feasible point pursuant to, and in accordance with the terms and provisions of, this Agreement only to the extent provision of such Network Element is required by Applicable Law.
UNBUNDLED ACCESS. Subject to the conditions set forth in Section 11.7 below, BA shall offer to TGI nondiscriminatory access to Network Elements as set forth below on an unbundled basis at any technically feasible point pursuant to, and in accordance with the terms and provisions of this Agreement; but, notwithstanding any other provision of this Agreement, only to the extent provision of such Network Elements on an unbundled basis is required by Applicable Law.
UNBUNDLED ACCESS. Subject to the conditions set forth in Section 11.7 below, BA shall offer to Essex nondiscriminatory access to Network Elements as set forth below on an unbundled basis at any technically feasible point pursuant to, and in accordance with the terms and provisions of this Agreement; but, notwithstanding any other provision of this Agreement, only to the extent provision of such Network Elements on an unbundled basis is required by Applicable Law.
