CELLULAR/PCS INTERCONNECTION ... - AT&T Clec Online
CELLULAR/PCS INTERCONNECTION ... - AT&T Clec Online
CELLULAR/PCS INTERCONNECTION ... - AT&T Clec Online
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Page 14 of 250<br />
<strong>CELLULAR</strong>/<strong>PCS</strong> GENERAL TERMS & CONDITIONS/AT&T-13STATE<br />
PAGE 14 OF 45<br />
AT&T-13STATE/NEW CINGULAR WIRELESS <strong>PCS</strong>,LLC<br />
091506<br />
under Section 252 of the Act or from other requirements of regulatory agencies or State law<br />
(individually and collectively, a “Non-Voluntary Arrangement”). AT&T-13STATE has attempted<br />
to mark the Non-Voluntary Arrangements in this Agreement with asterisks; however, any failure<br />
to mark any Non-Voluntary Arrangement shall not be construed as evidence such provision is<br />
not a Non-Voluntary Arrangement. If any Non-Voluntary Arrangement modified as a result of any<br />
order or finding by the FCC, the appropriate Commission or a court of competent jurisdiction,<br />
shall be subject to Section 15, “Intervening Law”.<br />
2.10.2 The Parties acknowledge that the Non-Voluntary Arrangements contained in this Agreement<br />
shall not be available in any state other than the State that originally imposed/required such Non-<br />
Voluntary Arrangement.<br />
2 .11 State-Specific Rates, Terms and Conditions<br />
2.11.1 For ease of administration, this Agreement contains certain specified rates, terms and conditions<br />
which apply only in a designated State ("State-Specific Terms"). To the extent that this<br />
Agreement contains State-Specific Terms, such State-Specific Terms shall not apply and shall<br />
have no effect in any other State(s) to which this Agreement is submitted for approval under<br />
Section 252(e) of the Act.<br />
2.11.2 State-Specific Terms, as the phrase is described in Section 2.11.1 above, have been negotiated<br />
(or, in the case of 2.10.2 above, have been included in the Agreement per state requirement) by<br />
the Parties only as to the States where this Agreement has been executed, filed and approved.<br />
When the Parties negotiate an Interconnection agreement for an additional state, neither Party<br />
shall be precluded by any language in this Agreement from negotiating State-Specific Terms for<br />
the state in which they are to apply.<br />
2 .12 Scope of Application<br />
2.12.1 This Agreement may be negotiated for more than one State. However, this Agreement shall be<br />
applied separately and distinctly to the Parties’ operations in each individual State.<br />
2 .13 Scope of Obligations<br />
2.13.1 Notwithstanding anything to the contrary contained herein, AT&T-13STATE’s obligations under<br />
this Agreement shall apply only to:<br />
2.13.1.1 the specific operating area(s) or portion thereof in which AT&T-13STATE is then<br />
deemed to be the ILEC under the Act (the “ILEC Territory”), and assets that AT&T-<br />
13STATE owns or leases and which are used in connection with AT&T-13STATE’s<br />
provision to WSP of any Interconnection products or services provided or contemplated<br />
under this Agreement, the Act or any tariff or ancillary agreement referenced herein<br />
(individually and collectively, the “ILEC Assets”).<br />
2 .14 Affiliates<br />
2.14.1 These General Terms and Conditions and all Attachments, Exhibits, Appendices, Schedules and<br />
Addenda hereto constituting this Agreement, including subsequent amendments, if any, shall<br />
bind AT&T-13STATE, WSP and any Affiliate of WSP. WSP further agrees that the same or<br />
substantially the same terms and conditions shall be incorporated into any separate agreement<br />
between AT&T-13STATE and any such Affiliate of WSP that continues to operate as a separate<br />
entity. This Agreement shall remain effective as to WSP and any such Affiliate of WSP for the<br />
Term of this Agreement until either AT&T-13STATE or WSP or any such Affiliate of WSP<br />
institutes renegotiation, or this Agreement expires or terminates, pursuant to the provisions of<br />
this Agreement. Notwithstanding the foregoing, this Agreement will not supercede a currently<br />
effective Interconnection agreement between any such Affiliate of WSP and AT&T-13STATE<br />
until the earlier of the date when the other agreement has: 1) expired; 2) been noticed for<br />
renegotiation pursuant the terms thereof; or 3) otherwise terminated provided; however, each