Common use of Bona Fide Request (BFR) Clause in Contracts

Bona Fide Request (BFR). 48.1 Through the BFR process, CLEC may request: (a) Interconnection or access to a Network Element CenturyLink is required to provide under Applicable Law, but such Interconnection or Network Element is new, undefined or otherwise required to be provided but not available under the terms of this Agreement; (b) access to facilities and equipment that are not Currently Available, or to UNEs that are superior or inferior in quality than those that CenturyLink provides to itself; and (c) certain other services, features, capabilities or functionalities defined and agreed upon by the Parties as services to be ordered via the BFR process. 48.2 Notwithstanding anything to the contrary in this Agreement, CenturyLink shall only be required to provide or continue to provide Interconnection or UNEs and/or other arrangements and services that CenturyLink is otherwise obligated to provide under Applicable Law pursuant to the provisions of this Agreement, including the BFR process. While CenturyLink may permit CLEC to submit BFR requests for Interconnection or Network Elements, arrangements or services that CenturyLink is not obligated under Applicable Law to provide, CenturyLink is not required to provide such Interconnection or Network Elements, arrangements or services, and CenturyLink may elect or decline to provide same at its sole discretion. 48.3 Process 48.3.1 CLEC shall submit to CenturyLink a written BFR application (Request), in a form to be provided by CenturyLink and as published on CenturyLink’s Website. The Request shall specifically identify relevant technical requirements and descriptions, drawings, locations and/or any other such specifications that are reasonably necessary to clearly define the Request such that CenturyLink has sufficient information to analyze and prepare a response. 48.3.2 If fulfilling the request involves construction or engineering analysis, CenturyLink will notify CLEC in writing of the requirement for construction or engineering analysis and CenturyLink will not perform the analysis unless CLEC, at its discretion, remits the non-refundable, non-recurring (NRC) payment set forth in Table 1 to compensate CenturyLink for its costs to perform the required analysis. CenturyLink shall have no obligation to further evaluate the request, conduct any analysis or prepare a price quote for the requested service until the non-refundable NRC payment has been received. 48.3.3 CLEC may cancel a Request in writing at any time prior to agreeing on price and availability in the final quote. CenturyLink will then cease analysis and/or development of the Request. However, CLEC will pay CenturyLink its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date on which CenturyLink receives CLEC’s notice of cancellation if such costs are not already covered in full by a previously submitted non-refundable NRC payment. 48.3.4 CenturyLink shall acknowledge in writing the receipt of a Request and shall identify a single point of contact to process the Request within ten (10) Business Days of CenturyLink’s receipt of a Request. If any additional information is needed for a complete and accurate Request then within fifteen (15) days receipt of the initial Request, CenturyLink will give notice to CLEC of the need for such additional information. CenturyLink will treat the date of receipt of any such additional information as the new Request date under this subparagraph and the same timeframes shall thereafter apply. 48.3.5 Except under extraordinary circumstances, within thirty (30) Days of its receipt of a complete and accurate Request, CenturyLink will approve or deny the Request (Preliminary Analysis). If CenturyLink denies CLEC’s Request, the Preliminary Analysis will provide the reason(s) for such denial. 48.3.6 CLEC may accept or reject CenturyLink’s Preliminary Analysis, at its discretion. CLEC will provide written acceptance of the Preliminary Analysis to CenturyLink within thirty (30) Days of its receipt of the Preliminary Analysis or CLEC’s Request will be deemed to be cancelled. 48.3.7 Upon receiving CLEC’s written acceptance and authorization of the Preliminary Analysis, CenturyLink will proceed to develop a Final Quote. The Final Quote shall contain a description of each access arrangement or service to be provided, a tentative availability date, the applicable rates, the installation intervals and the terms and conditions under which access to the requested Network Element, arrangement or service will be offered. CenturyLink shall provide the Final Quote within ninety (90) Days of receiving CLEC’s written acceptance and authorization to the Preliminary Analysis. 48.3.8 The availability date is dependent on when CLEC accepts the Final Quote. CenturyLink shall make reasonable efforts to provide an availability date that is within ninety (90) Days from the date it receives CLEC’s written Final Acceptance as described below in Section 48.3.9. If CenturyLink cannot complete the BFR within ninety (90) Days of receiving CLEC’s Final Acceptance, CenturyLink and CLEC will then determine a mutually agreeable availability date. 48.3.9 Within thirty (30) Days of receipt of the Final Quote, or additional time as may be mutually agreed by the Parties, CLEC must either (a) confirm or cancel its Request in writing (Final Acceptance), or (b) submit any disputed issues with the Final Quote for dispute resolution pursuant to Section 15. CLEC’s written acceptance must include payment of one-hundred percent (100%) of the quoted costs.

Bona Fide Request (BFR). 48.1 Through the BFR process, CLEC may request: (a) Interconnection or access to a Network Element CenturyLink is required to provide under Applicable Law, but such Interconnection or Network Element is new, undefined or otherwise required to be provided but not available under the terms of this Agreement; (b) access to facilities and equipment that are not Currently Available, or to UNEs that are superior or inferior in quality than those that CenturyLink provides to itself; and (c) certain other services, features, capabilities or functionalities defined and agreed upon by the Parties as services to be ordered via the BFR process. 48.2 Notwithstanding anything to the contrary in this Agreement, CenturyLink shall only be required to provide or continue to provide Interconnection or UNEs and/or other arrangements and services that CenturyLink is otherwise obligated to provide under Applicable Law pursuant to the provisions of this Agreement, including the BFR process. While CenturyLink may permit CLEC to submit BFR requests for Interconnection or Network Elements, arrangements or services that CenturyLink is not obligated under Applicable Law to provide, CenturyLink is not required to provide such Interconnection or Network Elements, arrangements or services, and CenturyLink may elect or decline to provide same at its sole discretion. 48.3 Process 48.3.1 CLEC shall submit to CenturyLink a written BFR application (Request), in a form to be provided by CenturyLink and as published on CenturyLink’s Website. The Request shall specifically identify relevant technical requirements and descriptions, drawings, locations and/or any other such specifications that are reasonably necessary to clearly define the Request such that CenturyLink has sufficient information to analyze and prepare a response. 48.3.2 If fulfilling the request involves construction or engineering analysis, CenturyLink will notify CLEC in writing of the requirement for construction or engineering analysis and CenturyLink will not perform the analysis unless CLEC, at its discretion, remits the non-refundable, non-recurring (NRC) payment set forth in Table 1 to compensate CenturyLink for its costs to perform the required analysis. CenturyLink shall have no obligation to further evaluate the request, conduct any analysis or prepare a price quote for the requested service until the non-refundable NRC payment has been received. 48.3.3 CLEC may cancel a Request in writing at any time prior to agreeing on price and availability in the final quote. CenturyLink will then cease analysis and/or development of the Request. However, CLEC will pay CenturyLink its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date on which CenturyLink receives CLEC’s notice of cancellation ation if such costs are not already covered in full by a previously submitted non-refundable NRC payment. 48.3.4 CenturyLink shall acknowledge in writing the receipt of a Request and shall identify a single point of contact to process the Request within ten (10) Business Days of CenturyLink’s Centu receipt of a Request. If any additional information is needed for a complete and accurate Request then within fifteen (15) days receipt of the initial Request, CenturyLink will give notice to CLEC of the need for such additional information. CenturyLink will treat the date of receipt of any such additional information as the new Request date under this subparagraph and the same timeframes shall thereafter apply. 48.3.5 Except under extraordinary circumstances, within thirty (30) Days of its receipt of a complete and accurate Request, CenturyLink will approve or deny the Request (Preliminary Analysis). If CenturyLink denies CLEC’s Request, the Preliminary Analysis will provide the reason(s) for such denial. 48.3.6 CLEC may accept or reject CenturyLink’s Preliminary Analysis, Cent at its discretion. CLEC will provide written acceptance of the Preliminary Analysis to CenturyLink within thirty (30) Days of its receipt of the Preliminary Analysis or CLEC’s Request will be deemed to be cancelled. 48.3.7 Upon receiving CLEC’s written acceptance and authorization of the Preliminary Analysis, CenturyLink will proceed to develop a Final Quote. The Final Quote shall contain a description of each access arrangement or service to be provided, a tentative availability date, the applicable rates, the installation intervals and the terms and conditions under which access to the requested Network Element, arrangement or service will be offered. CenturyLink shall provide the Final Quote within ninety (90) Days of receiving CLEC’s written acceptance and re authorization to the Preliminary Analysis. 48.3.8 The availability date is dependent on when CLEC accepts the Final Quote. CenturyLink shall make reasonable efforts to provide an availability date that is within ninety (90) Days from the date it receives CLEC’s written Final Acceptance as described below in Section 48.3.9. If CenturyLink cannot complete the BFR within ninety (90) Days of receiving CLEC’s Final Acceptance, CenturyLink and CLEC will then determine a mutually agreeable availability date. 48.3.9 Within thirty (30) Days of receipt of the Final Quote, or additional time as may be mutually agreed by the Parties, CLEC must either (a) confirm or cancel its Request in writing (Final Acceptance), or (b) submit any disputed issues with the Final Quote for dispute resolution pursuant to Section 15. CLEC’s 15 written acceptance must include payment of one-hundred percent (100%) of the quoted costs.

Bona Fide Request (BFR). 48.1 Through the BFR process, CLEC may request: (a) Interconnection or access to a Network Element CenturyLink is required to provide under Applicable Law, but such Interconnection or Network Element is new, undefined or otherwise required to be provided but not available under the terms of this Agreement; (b) access to facilities and equipment that are not Currently Available, or to UNEs that are superior or inferior in quality than those that CenturyLink provides to itself; and (c) certain other services, features, capabilities or functionalities defined and agreed upon by the Parties as services to be ordered via the BFR process. 48.2 Notwithstanding anything to the contrary in this Agreement, CenturyLink shall only be required to provide or continue to provide Interconnection or UNEs and/or other arrangements and services that CenturyLink is otherwise obligated to provide under Applicable Law pursuant to the provisions of this Agreement, including the BFR process. While CenturyLink may permit CLEC to submit BFR requests for Interconnection or Network Elements, arrangements or services that CenturyLink is not obligated under Applicable Law to provide, CenturyLink is not required to provide such Interconnection or Network Elements, arrangements or servicesInterconnection, and CenturyLink may elect or decline to provide same at its sole discretion. 48.3 Process 48.3.1 CLEC shall submit to CenturyLink a written BFR application (Request), in a form to be provided by CenturyLink and as published on CenturyLink’s Website. The Request shall specifically identify relevant technical requirements and descriptions, drawings, locations and/or any other such specifications that are reasonably necessary to clearly define the Request such that CenturyLink has sufficient information to analyze and prepare a response. 48.3.2 If fulfilling the request involves construction or engineering analysis, CenturyLink will notify CLEC in writing of the requirement for construction or engineering analysis and CenturyLink will not perform the analysis unless CLEC, at its discretion, remits the non-refundable, non-recurring (NRC) payment set forth in Table 1 to compensate CenturyLink for its costs to perform the required analysis. CenturyLink shall have no obligation to further evaluate the request, conduct any analysis or prepare a price quote for the requested service until the non-refundable NRC payment has been received. 48.3.3 CLEC may cancel a Request in writing at any time prior to agreeing on price and availability in the final quote. CenturyLink will then cease analysis and/or development of the Request. However, CLEC will pay CenturyLink its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date on which CenturyLink receives CLEC’s notice of cancellation if such costs are not already covered in full by a previously submitted non-refundable NRC payment. 48.3.4 CenturyLink shall acknowledge in writing the receipt of a Request and shall identify a single point of contact to process the Request within ten (10) Business Days of CenturyLink’s receipt of a Request. If any additional information is needed for a complete and accurate Request then within fifteen (15) days receipt of the initial Request, . CenturyLink will give notice to CLEC of the need for such additional information. CenturyLink will treat the date of receipt of any such additional information as the new Request date under this subparagraph and the same timeframes shall thereafter apply. 48.3.5 Except under extraordinary circumstances, within thirty (30) Days of its receipt of a complete and accurate Request, CenturyLink will approve or deny the Request (Preliminary Analysis). If CenturyLink denies CLEC’s Request, the Preliminary Analysis will provide the reason(s) for such denial. 48.3.6 CLEC may accept or reject CenturyLink’s Preliminary Analysis, at its discretion. CLEC will provide written acceptance of the Preliminary Analysis to CenturyLink within thirty (30) Days of its receipt of the Preliminary Analysis or CLEC’s Request will be deemed to be cancelled. 48.3.7 Upon receiving CLEC’s written acceptance and authorization of the Preliminary Analysis, CenturyLink will proceed to develop a Final Quote. The Final Quote shall contain a description of each access arrangement or service to be provided, a tentative availability date, the applicable rates, the installation intervals and the terms and conditions under which access to the requested Network Element, arrangement or service will be offered. CenturyLink shall provide the Final Quote within ninety (90) Days of receiving CLEC’s written acceptance and authorization to the Preliminary Analysis. 48.3.8 The availability date is dependent on when CLEC accepts the Final Quote. CenturyLink shall make reasonable efforts to provide an availability date that is within ninety (90) Days from the date it receives CLEC’s written Final Acceptance as described below in Section 48.3.9. If CenturyLink Centurylink cannot complete the BFR provide an availability date that is within such ninety (90) Days of receiving CLEC’s Final Acceptanceday period, CenturyLink and shall provide CLEC will then determine with a mutually agreeable written notice of the availability date.date along with an explanation of the characteristics of the project or other circumstances that require additional time, in which event CLEC shall have the right to propose any adjustments or assistance that would help to expedite the process and/or CLEC may cancel the project prior to the commencement of any implementation work 48.3.9 Within thirty (30) Days days of receipt of the Final Quotefinal quote, or additional time as may be mutually agreed by the Parties, CLEC must either (a) confirm or cancel its Request request in writing (Final Acceptancefinal acceptance), or (b) submit any disputed issues with the Final Quote final quote for dispute resolution pursuant to Section 15. CLEC’s written acceptance must include payment of one-one hundred percent (100%) of the quoted costs.

Bona Fide Request (BFR). 48.1 Through the BFR process, CLEC may request: (a) Interconnection or access to a Network Element CenturyLink is required to provide under Applicable Law, but such Interconnection or Network Element is new, undefined or otherwise required to be provided but not available under the terms of this Agreement; (b) access to facilities and equipment that are not Currently Available, or to UNEs that are superior or inferior in quality than those that CenturyLink provides to itself; and (c) certain other services, features, capabilities or functionalities defined and agreed upon by the Parties as services to be ordered via the BFR process. 48.2 Notwithstanding anything to the contrary in this Agreement, CenturyLink shall only be required to provide or continue to provide Interconnection or UNEs and/or other arrangements and services that CenturyLink is otherwise obligated to provide under Applicable Law pursuant to the provisions of this Agreement, including the BFR process. While CenturyLink may permit CLEC to submit BFR requests for Interconnection or Network Elements, arrangements or services that CenturyLink is not obligated under Applicable Law to provide, CenturyLink is not required to provide such Interconnection or Network Elements, arrangements or services, and CenturyLink may elect or decline to provide same at its sole discretion. 48.3 Process 48.3.1 CLEC shall submit to CenturyLink a written BFR application (Request), in a form to be provided by CenturyLink and as published on CenturyLink’s Website. The Request shall specifically identify relevant technical requirements and descriptions, drawings, locations and/or any other such specifications that are reasonably necessary to clearly define the Request such that CenturyLink has sufficient information to analyze and prepare a response. 48.3.2 If fulfilling the request involves construction or engineering analysis, CenturyLink will notify CLEC in writing of the requirement for construction or engineering analysis and CenturyLink will not perform the analysis unless CLEC, at its discretion, remits the non-refundable, non-recurring (NRC) payment set forth in Table 1 to compensate CenturyLink for its costs to perform the required analysis. CenturyLink shall have no obligation to further evaluate the request, conduct any analysis or prepare a price quote for the requested service until the non-refundable NRC payment has been received. 48.3.3 CLEC may cancel a Request in writing at any time prior to agreeing on price and availability in the final quote. CenturyLink will then cease analysis and/or development of the Request. However, CLEC will pay CenturyLink its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date on which CenturyLink receives CLEC’s notice of cancellation if such costs are not already covered in full by a previously submitted non-refundable NRC payment. 48.3.4 CenturyLink shall acknowledge in writing the receipt of a Request and shall identify a single point of contact to process the Request within ten (10) Business Days of CenturyLink’s receipt of a Request. If any additional information is needed for a complete and accurate Request then within fifteen (15) days receipt of the initial Request, CenturyLink will give notice to CLEC of the need for such additional information. CenturyLink will treat the date of receipt of any such additional information as the new Request date under this subparagraph and the same timeframes shall thereafter apply. 48.3.5 Except under extraordinary circumstances, within thirty (30) Days of its receipt of a complete and accurate Request, CenturyLink will approve or deny the Request (Preliminary Analysis). If CenturyLink denies CLEC’s Request, the C Preliminary Analysis will provide the reason(s) for such denial. 48.3.6 CLEC may accept or reject CenturyLink’s Preliminary Analysis, at its discretion. CLEC will provide written acceptance of the Preliminary Analysis to CenturyLink within thirty (30) Days of its receipt of the Preliminary Analysis or CLEC’s Request will be deemed to be cancelled.its 48.3.7 Upon receiving CLEC’s written acceptance e and authorization of the Preliminary Analysis, CenturyLink will proceed to develop a Final Quote. The Final Quote shall contain a description of each access arrangement or service to be provided, a tentative availability date, the applicable rates, the installation intervals and the terms and conditions under which access to the requested Network Element, arrangement or service will be offered. CenturyLink shall provide the Final Quote within ninety (90) Days of receiving CLEC’s written acceptance and authorization to the Preliminary Analysis. 48.3.8 The availability date is dependent on when CLEC accepts the Final Quote. CenturyLink shall make reasonable efforts to provide an availability date that is within ninety (90) Days from the date it receives CLEC’s written Final Acceptance CL ance as described below in Section 48.3.9. If CenturyLink cannot complete the BFR within ninety (90) Days of receiving CLEC’s compl Final Acceptance, CenturyLink and CLEC will then determine a mutually agreeable availability date. 48.3.9 Within thirty (30) Days of receipt of the Final Quote, or additional time as may be mutually agreed by the Parties, CLEC must either (a) confirm or cancel its Request in writing (Final Acceptance), or (b) submit any disputed issues with the Final Quote for dispute resolution pursuant to Section 15. CLEC’s written acceptance must include payment of one-hundred percent (100%) of the quoted costs.

Bona Fide Request (BFR). 48.1 Through the BFR process, CLEC may request: (a) Interconnection or access to a Network Element CenturyLink is required to provide under Applicable Law, but such Interconnection or Network Element is new, undefined or otherwise required to be provided but not available under the terms of this Agreement; (b) access to facilities and equipment that are not Currently Available, or to UNEs that are superior or inferior in quality than those that CenturyLink provides to itself; and (c) certain other services, features, capabilities or functionalities defined and agreed upon by the Parties as services to be ordered via the BFR process. 48.2 Notwithstanding anything to the contrary in this Agreement, CenturyLink shall only be required to provide or continue to provide Interconnection or UNEs and/or other arrangements and services that CenturyLink is otherwise obligated to provide under Applicable Law pursuant to the provisions of this Agreement, including the BFR process. While CenturyLink may permit CLEC to submit BFR requests for Interconnection or Network Elements, arrangements or services that CenturyLink is not obligated under Applicable Law to provide, CenturyLink is not required to provide such Interconnection or Network Elements, arrangements or servicesInterconnection, and CenturyLink may elect or decline to provide same at its sole discretion. 48.3 Process 48.3.1 CLEC shall submit to CenturyLink a written BFR application (Request), in a form to be provided by CenturyLink and as published on CenturyLink’s Website. The Request shall specifically identify relevant technical requirements and descriptions, drawings, locations and/or any other such specifications that are reasonably necessary to clearly define the Request such that CenturyLink has sufficient information to analyze and prepare a response. 48.3.2 If fulfilling the request involves construction or engineering analysis, CenturyLink will notify CLEC in writing of the requirement for construction or engineering analysis and CenturyLink will not perform the analysis unless CLEC, at its discretion, remits the non-refundable, non-recurring (NRC) payment set forth in Table 1 to compensate CenturyLink for its costs to perform the required analysis. CenturyLink shall have no obligation to further evaluate the request, conduct any analysis or prepare a price quote for the requested service until the non-refundable NRC payment has been received. 48.3.3 CLEC may cancel a Request in writing at any time prior to agreeing on price and availability in the final quote. CenturyLink will then cease analysis and/or development of the Request. However, CLEC will pay CenturyLink its reasonable and demonstrable costs of processing and/or implementing the BFR up to and including the date on which CenturyLink receives CLEC’s notice of cancellation ncellation if such costs are not already covered in full by a previously submitted non-refundable NRC payment. 48.3.4 CenturyLink shall acknowledge in writing the receipt of a Request and shall identify a single point of contact to process the Request within ten (10) Business Days of CenturyLink’s receipt of CenturyLink f a Request. If any additional information is needed for a complete and accurate Request then within fifteen (15) days receipt of the initial Request, . CenturyLink will give notice to CLEC of the need for such additional information. CenturyLink will treat the date of receipt of any such additional information as the new Request date under this subparagraph and the same timeframes shall thereafter apply. 48.3.5 Except under extraordinary circumstances, within thirty (30) Days of its receipt of a complete and accurate Request, CenturyLink will approve or deny the Request (Preliminary Analysis). If CenturyLink denies CLEC’s ( Request, the Preliminary Analysis will provide the reason(s) for such denial. 48.3.6 CLEC may accept or reject CenturyLink’s CenturyLin s Preliminary Analysis, at its discretion. CLEC will provide written acceptance of the Preliminary Analysis to CenturyLink within thirty (30) Days of its receipt of the Preliminary Analysis or CLEC’s Request will be Pre deemed to be cancelled. 48.3.7 Upon receiving CLEC’s rec s written acceptance and authorization of the Preliminary Analysis, CenturyLink will proceed to develop a Final Quote. The Final Quote shall contain a description of each access arrangement or service to be provided, a tentative availability date, the applicable rates, the installation intervals and the terms and conditions under which access to the requested Network Element, arrangement or service will be offered. CenturyLink shall provide the Final Quote within ninety (90) Days of receiving CLEC’s written acceptance ceptance and authorization to the Preliminary Analysis. 48.3.8 The availability date is dependent on when CLEC accepts the Final Quote. CenturyLink shall make reasonable efforts to provide an availability date that is within ninety (90) Days from the date it receives CLEC’s written Final Acceptance eptance as described below in Section 48.3.9. If CenturyLink Centurylink cannot complete the BFR provide an availability date that is within such ninety (90) Days of receiving CLEC’s Final Acceptanceday period, CenturyLink and shall provide CLEC will then determine with a mutually agreeable written notice of the availability date.date along with an explanation of the characteristics of the project or other circumstances that require additional time, in which event CLEC shall have the right to propose any adjustments or assistance that would help to expedite the process and/or CLEC may cancel the project prior to the commencement of any implementation work 48.3.9 Within thirty (30) Days days of receipt of the Final Quotefinal quote, or additional time as may be mutually agreed by the Parties, CLEC must either (a) confirm or cancel its Request request in writing (Final Acceptancefinal acceptance), or (b) submit any disputed issues with the Final Quote final quote for dispute resolution pursuant to Section 15. CLEC’s written acceptance must include payment of one-hundred percent (100%) of the quoted costs.