Common use of Analysis of the BFR Clause in Contracts

Analysis of the BFR. 3.3.1 MCIm is responsible for the reasonable costs incurred by AT&T ILLINOIS to prepare the Preliminary Analysis of MCIm’s BFR. When submitting a BFR Application Form, MCIm has two options to compensate AT&T ILLINOIS for its costs incurred to complete the Preliminary Analysis of the BFR: 3.3.1.1 Include with its BFR Application Form a Deposit, which Deposit will be in the amount of two thousand dollars ($2,000), unless a different BFR deposit amount applicable to this Agreement has been established by the Commission, to cover AT&T ILLINOIS’ preliminary evaluation costs, in which case AT&T ILLINOIS may not charge MCIm in excess of the Deposit to complete the Preliminary Analysis; or 3.3.1.2 Not make the Deposit in which case MCIm shall be responsible for all reasonable costs incurred by AT&T ILLINOIS to complete the Preliminary Analysis (regardless of whether such costs are greater or less than the Deposit amount). 3.3.2 If MCIm submits a Deposit with its BFR, and AT&T ILLINOIS is not able to process the BFR or determines that the BFR does not qualify for BFR treatment, then AT&T ILLINOIS will return the Deposit to MCIm. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the Deposit amount, the balance of the Deposit will, at the option of MCIm, either be refunded or credited toward additional developmental costs authorized by MCIm. If MCIm cancels the BFR prior to completion of the Preliminary Analysis and a Deposit has been made by MCIm, and the reasonable costs are less than the Deposit amount, the remaining balance of the Deposit will be returned to MCIm. 3.3.3 AT&T ILLINOIS will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt, AT&T ILLINOIS shall acknowledge in writing or by facsimile receipt of the Bona Fide Request and in such acknowledgement advise MCIm of the need for any further information needed to process the Request. If deemed necessary by either of the Parties, a meeting will be convened within five (5) Business Days, or as otherwise mutually agreed, of MCIm’s receipt of the BFR acknowledgement at which the Parties will come to agreement on all additional information needed to process the BFR. MCIm will provide an updated BFR application to include the additional information. MCIm acknowledges that the time intervals set forth in this Schedule begin once AT&T ILLINOIS has received a complete and accurate BFR Application Form and, if applicable, the Deposit amount. 3.3.4 Within thirty (30) calendar days of its receipt of a complete and accurate Bona Fide Request, AT&T ILLINOIS shall provide to MCIm a Preliminary Analysis of the BFR Item (the “Preliminary Analysis”). The Preliminary Analysis shall respond in one of the following ways: 3.3.4.1 indicate that AT&T ILLINOIS will provide the BFR Item; or 3.3.4.2 provide a detailed explanation that access to such BFR Item is not technically feasible and/or that the request does not qualify as one that is required to be provided under the Act; or that the BFR is not the correct process for the request.

Analysis of the BFR. 3.3.1 MCIm is responsible for the reasonable costs incurred by AT&T ILLINOIS INDIANA to prepare the Preliminary Analysis of MCIm’s BFR. When submitting a BFR Application Form, MCIm has two options to compensate AT&T ILLINOIS INDIANA for its costs incurred to complete the Preliminary Analysis of the BFR: 3.3.1.1 Include with its BFR Application Form a Deposit, which Deposit will be in the amount of two thousand dollars ($2,000), unless a different BFR deposit amount applicable to this Agreement has been established by the Commission, to cover AT&T ILLINOISINDIANA’ preliminary evaluation costs, in which case AT&T ILLINOIS INDIANA may not charge MCIm in excess of the Deposit to complete the Preliminary Analysis; or 3.3.1.2 Not make the Deposit in which case MCIm shall be responsible for all reasonable costs incurred by AT&T ILLINOIS INDIANA to complete the Preliminary Analysis (regardless of whether such costs are greater or less than the Deposit amount). 3.3.2 If MCIm submits a Deposit with its BFR, and AT&T ILLINOIS INDIANA is not able to process the BFR or determines that the BFR does not qualify for BFR treatment, then AT&T ILLINOIS INDIANA will return the Deposit to MCIm. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the Deposit amount, the balance of the Deposit will, at the option of MCIm, either be refunded or credited toward additional developmental costs authorized by MCIm. If MCIm cancels the BFR prior to completion of the Preliminary Analysis and a Deposit has been made by MCIm, and the reasonable costs are less than the Deposit amount, the remaining balance of the Deposit will be returned to MCIm. 3.3.3 AT&T ILLINOIS INDIANA will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt, AT&T ILLINOIS INDIANA shall acknowledge in writing or by facsimile receipt of the Bona Fide Request and in such acknowledgement advise MCIm of the need for any further information needed to process the Request. If deemed necessary by either of the Parties, a meeting will be convened within five (5) Business Days, or as otherwise mutually agreed, of MCIm’s receipt of the BFR acknowledgement at which the Parties will come to agreement on all additional information needed to process the BFR. MCIm will provide an updated BFR application to include the additional information. MCIm acknowledges that the time intervals set forth in this Schedule begin once AT&T ILLINOIS INDIANA has received a complete and accurate BFR Application Form and, if applicable, the Deposit amount. 3.3.4 Within thirty (30) calendar days of its receipt of a complete and accurate Bona Fide Request, AT&T ILLINOIS INDIANA shall provide to MCIm a Preliminary Analysis of the BFR Item (the “Preliminary Analysis”). The Preliminary Analysis shall respond in one of the following ways: 3.3.4.1 indicate that AT&T ILLINOIS INDIANA will provide the BFR Item; or 3.3.4.2 provide a detailed explanation that access to such BFR Item is not technically feasible and/or that the request does not qualify as one that is required to be provided under the Act; or that the BFR is not the correct process for the request.

Analysis of the BFR. 3.3.1 MCIm is responsible for the reasonable costs incurred by AT&T SBC ILLINOIS to prepare the Preliminary Analysis of MCIm’s BFR. When submitting a BFR Application Form, MCIm has two options to compensate AT&T SBC ILLINOIS for its costs incurred to complete the Preliminary Analysis of the BFR: 3.3.1.1 Include with its BFR Application Form a Deposit, which Deposit will be in the amount of two thousand dollars ($2,000), unless a different BFR deposit amount applicable to this Agreement has been established by the Commission, to cover AT&T SBC ILLINOIS’ preliminary evaluation costs, in which case AT&T SBC ILLINOIS may not charge MCIm in excess of the Deposit to complete the Preliminary Analysis; or 3.3.1.2 Not make the Deposit in which case MCIm shall be responsible for all reasonable costs incurred by AT&T SBC ILLINOIS to complete the Preliminary Analysis (regardless of whether such costs are greater or less than the Deposit amount). 3.3.2 If MCIm submits a Deposit with its BFR, and AT&T SBC ILLINOIS is not able to process the BFR or determines that the BFR does not qualify for BFR treatment, then AT&T SBC ILLINOIS will return the Deposit to MCIm. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the Deposit amount, the balance of the Deposit will, at the option of MCIm, either be refunded or credited toward additional developmental costs authorized by MCIm. If MCIm cancels the BFR prior to completion of the Preliminary Analysis and a Deposit has been made by MCIm, and the reasonable costs are less than the Deposit amount, the remaining balance of the Deposit will be returned to MCIm. 3.3.3 AT&T SBC ILLINOIS will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt, AT&T SBC ILLINOIS shall acknowledge in writing or by facsimile receipt of the Bona Fide Request and in such acknowledgement advise MCIm of the need for any further information needed to process the Request. If deemed necessary by either of the Parties, a meeting will be convened within five (5) Business Days, or as otherwise mutually agreed, of MCIm’s receipt of the BFR acknowledgement at which the Parties will come to agreement on all additional information needed to process the BFR. MCIm will provide an updated BFR application to include the additional information. MCIm acknowledges that the time intervals set forth in this Schedule begin once AT&T SBC ILLINOIS has received a complete and accurate BFR Application Form and, if applicable, the Deposit amount. 3.3.4 Within thirty (30) calendar days of its receipt of a complete and accurate Bona Fide Request, AT&T SBC ILLINOIS shall provide to MCIm a Preliminary Analysis of the BFR Item (the “Preliminary Analysis”). The Preliminary Analysis shall respond in one of the following ways: 3.3.4.1 indicate that AT&T SBC ILLINOIS will provide the BFR Item; or 3.3.4.2 provide a detailed explanation that access to such BFR Item is not technically feasible and/or that the request does not qualify as one that is required to be provided under the Act; or that the BFR is not the correct process for the request.

Analysis of the BFR. 3.3.1 MCIm is responsible for the reasonable costs incurred by AT&T SBC ILLINOIS to prepare the Preliminary Analysis of MCIm’s BFR. When submitting a BFR Application Form, MCIm has two options to compensate AT&T SBC ILLINOIS for its costs incurred to complete the Preliminary Analysis of the BFR: 3.3.1.1 Include with its BFR Application Form a Deposit, which Deposit will be in the amount of two thousand dollars ($2,000), unless a different BFR deposit amount applicable to this Agreement has been established by the Commission, to cover AT&T SBC ILLINOIS’ ’s preliminary evaluation costs, in which case AT&T SBC ILLINOIS may not charge MCIm in excess of the Deposit to complete the Preliminary Analysis; or 3.3.1.2 Not make the Deposit in which case MCIm shall be responsible for all reasonable costs incurred by AT&T SBC ILLINOIS to complete the Preliminary Analysis (regardless of whether such costs are greater or less than the Deposit amount). 3.3.2 If MCIm submits a Deposit with its BFR, and AT&T SBC ILLINOIS is not able to process the BFR or determines that the BFR does not qualify for BFR treatment, then AT&T SBC ILLINOIS will return the Deposit to MCIm. Similarly, if the costs incurred to complete the Preliminary Analysis are less than the Deposit amount, the balance of the Deposit will, at the option of MCIm, either be refunded or credited toward additional developmental costs authorized by MCIm. If MCIm cancels the BFR prior to completion of the Preliminary Analysis and a Deposit has been made by MCIm, and the reasonable costs are less than the Deposit amount, the remaining balance of the Deposit will be returned to MCIm. 3.3.3 AT&T SBC ILLINOIS will promptly consider and analyze each BFR it receives. Within ten (10) Business Days of its receipt, AT&T SBC ILLINOIS shall acknowledge in writing or by facsimile receipt of the Bona Fide Request and in such acknowledgement advise MCIm of the need for any further information needed to process the Request. If deemed necessary by either of the Parties, a meeting will be convened within five (5) Business Days, or as otherwise mutually agreed, of MCIm’s receipt of the BFR acknowledgement at which the Parties will come to agreement on all additional information needed to process the BFR. MCIm will provide an updated BFR application to include the additional information. MCIm acknowledges that the time intervals set forth in this Schedule begin once AT&T SBC ILLINOIS has received a complete and accurate BFR Application Form and, if applicable, the Deposit amount. 3.3.4 Within thirty (30) calendar days of its receipt of a complete and accurate Bona Fide Request, AT&T SBC ILLINOIS shall provide to MCIm a Preliminary Analysis of the BFR Item (the “Preliminary Analysis”). The Preliminary Analysis shall respond in one of the following ways: 3.3.4.1 indicate that AT&T SBC ILLINOIS will provide the BFR Item; or 3.3.4.2 provide a detailed explanation that access to such BFR Item is not technically feasible and/or that the request does not qualify as one that is required to be provided under the Act; or that the BFR is not the correct process for the request.