Common use of BONA FIDE REQUEST PROCESS Clause in Contracts

BONA FIDE REQUEST PROCESS. 19.1 Any request for Interconnection or access to an unbundled Network Element that is not already available as described herein shall be treated as a Bona Fide Request (BFR). USWC shall use the BFR Process to determine the terms and timetable for providing the requested Interconnection or access to unbundled Network Elements, if available, and the technical feasibility of new/different points of Interconnection. USWC will administer the BFR Process in a non- discriminatory manner. 19.2 A BFR shall be submitted in writing and on the appropriate USWC form for BFRs. The form will request, and DSLnet will need to provide, at a minimum: (a) a technical description of each requested Network Element or new/different points of Interconnection; (b) the desired interface specification; (c) each requested type of Interconnection or access; (d) a statement that the Interconnection or Network Element will be used to provide a telecommunications service; (e) the quantity requested; (f) the specific location requested; (g) if the requested unbundled Network Element is a proprietary element as specified in Section 251(d)(2) of the Act, DSLnet must submit documentation that demonstrates that access to such Network Element is necessary, that the failure to provide access to such Network Element would impair the ability of DSLnet to provide the services that it seeks to offer, and that DSLnet’s ability to compete would be significantly impaired or thwarted without access to such requested proprietary element; and (h) if the requested unbundled Network Element is a non-proprietary element as specified in Section 251(d)(2) of the Act, DSLnet must submit documentation that demonstrates that denial of access to such unbundled non-proprietary Network Element would decrease the quality or increase the cost of the service sought to be offered by DSLnet. 19.3 Within 15 business days of its receipt, USWC shall acknowledge receipt of the BFR and in such acknowledgment advise DSLnet of missing information, if any, necessary to process the BFR. Thereafter, USWC shall promptly advise DSLnet of the need for any additional information that will facilitate the analysis of the BFR. 19.4 Within 30 calendar days of its receipt of the BFR and all information necessary to process it, USWC shall provide to DSLnet a preliminary analysis of the BFR. The preliminary analysis shall specify USWC’s conclusions as to whether or not the requested Interconnection or access to an unbundled Network Element complies with the unbundling requirements set forth above. 19.4.1 If USWC determines during the 30 day period that a BFR does not qualify as a Network Element or Interconnection that is required to be provided under the Act, USWC shall advise DSLnet as soon as reasonably possible of that fact, and USWC shall promptly, but in no case later than ten days after making such a determination, provide a written report setting forth the basis for its conclusion. 19.4.2 If USWC determines during the thirty day period that the BFR qualifies under the Act, it shall notify DSLnet in writing of such determination within ten days. 19.4.3 As soon as feasible, but in any case within 90 days after USWC notifies DSLnet that the BFR qualifies under the Act, USWC shall provide to DSLnet a BFR quote. The BFR quote will include, at a minimum, a description of each Interconnection and Network Element, the quantity to be provided, any interface specifications, and the applicable rates (recurring and nonrecurring) including the separately stated development costs and construction charges of the Interconnection or the Network Elements and any minimum volume and term commitments required. 19.5 If USWC has indicated minimum volume and term commitments, then within 30 days of its receipt of the BFR quote, DSLnet must either agree to purchase under those commitments, cancel its BFR, or seek mediation or arbitration. 19.6 If DSLnet has agreed to minimum volume and term commitments under the preceding paragraph, DSLnet may cancel the BFR or volume and term commitment at any time, but in the event of such cancellation DSLnet will pay USWC’s reasonable development costs incurred in providing the Interconnection or Network Element, to the extent that those development costs are not otherwise amortized. 19.7 If either Party believes that the other Party is not requesting, negotiating or processing any BFR in good faith, or disputes a determination, or quoted price or cost, it may seek arbitration pursuant to the Dispute Resolution provision of this Agreement.

BONA FIDE REQUEST PROCESS. 19.1 Any request for Interconnection or access to an unbundled Network Element that is not already available as described herein shall be treated as a Bona Fide Request (BFR). USWC shall use the BFR Process to determine the terms and timetable for providing the requested Interconnection or access to unbundled Network Elements, if available, and the technical feasibility of new/different points of Interconnection. USWC will administer the BFR Process in a non- discriminatory manner. 19.2 A BFR shall be submitted in writing and on the appropriate USWC form for BFRs. The form will request, and DSLnet NewPath will need to provide, at a minimum: : (a) a technical description of each requested Network Element or new/different points of Interconnection; (b) the desired interface specification; (c) each requested type of Interconnection or access; (d) a statement that the Interconnection or Network Element will be used to provide a telecommunications service; (e) the quantity requested; (f) the specific location requested; (g) if the requested unbundled Network Element is a proprietary element as specified in Section 251(d)(2) of the Act, DSLnet NewPath must submit documentation that demonstrates that access to such Network Element is necessary, that the failure to provide access to such Network Element would impair the ability of DSLnet NewPath to provide the services that it seeks to offer, and that DSLnetNewPath’s ability to compete would be significantly impaired or thwarted without access to such requested proprietary element; and (h) if the requested unbundled Network Element is a non-proprietary element as specified in Section 251(d)(2) of the Act, DSLnet NewPath must submit documentation that demonstrates that denial of access to such unbundled non-proprietary Network Element would decrease the quality or increase the cost of the service sought to be offered by DSLnetNewPath. 19.3 Within 15 business days of its receipt, USWC shall acknowledge receipt of the BFR and in such acknowledgment advise DSLnet NewPath of missing information, if any, necessary to process the BFR. Thereafter, USWC shall promptly advise DSLnet NewPath of the need for any additional information that will facilitate the analysis of the BFR. 19.4 Within 30 calendar days of its receipt of the BFR and all information necessary to process it, USWC shall provide to DSLnet NewPath a preliminary analysis of the BFR. The preliminary analysis shall specify USWC’s conclusions as to whether or not the requested Interconnection or access to an unbundled Network Element complies with the unbundling requirements set forth above. 19.4.1 If USWC determines during the 30 day period that a BFR does not qualify as a Network Element or Interconnection that is required to be provided under the Act, USWC shall advise DSLnet NewPath as soon as reasonably possible of that fact, and USWC shall promptly, but in no case later than ten days after making such a determination, provide a written report setting forth the basis for its conclusion. 19.4.2 If USWC determines during the thirty day period that the BFR qualifies under the Act, it shall notify DSLnet NewPath in writing of such determination within ten days. 19.4.3 As soon as feasible, but in any case within 90 days after USWC notifies DSLnet NewPath that the BFR qualifies under the Act, USWC shall provide to DSLnet NewPath a BFR quote. The BFR quote will include, at a minimum, a description of each Interconnection and Network Element, the quantity to be provided, any interface specifications, and the applicable rates (recurring and nonrecurring) including the separately stated development costs and construction charges of the Interconnection or the Network Elements and any minimum volume and term commitments required. 19.5 If USWC has indicated minimum volume and term commitments, then within 30 days of its receipt of the BFR quote, DSLnet NewPath must either agree to purchase under those commitments, cancel its BFR, or seek mediation or arbitration. 19.6 If DSLnet NewPath has agreed to minimum volume and term commitments under the preceding paragraph, DSLnet NewPath may cancel the BFR or volume and term commitment at any time, but in the event of such cancellation DSLnet NewPath will pay USWC’s reasonable development costs incurred in providing the Interconnection or Network Element, to the extent that those development costs are not otherwise amortized. 19.7 If either Party believes that the other Party is not requesting, negotiating or processing any BFR in good faith, or disputes a determination, or quoted price or cost, it may seek arbitration pursuant to the Dispute Resolution provision of this Agreement.

BONA FIDE REQUEST PROCESS. 19.1 Any request for Interconnection or access to an unbundled Network Element that is not already available as described herein shall be treated as a Bona Fide Request (BFR). USWC shall use the BFR Process to determine the terms and timetable for providing the requested Interconnection or access to unbundled Network Elements, if available, and the technical feasibility of new/different points of Interconnection. USWC will administer the BFR Process in a non- reasonable non-discriminatory manner. 19.2 A BFR shall be submitted in writing and on the appropriate USWC form for BFRs. The form will request, and DSLnet Teligent will need to provide, at a minimum: : (a) a technical description of each requested Network Element or new/different points of Interconnection; (b) the desired interface specification; (c) each requested type of Interconnection or access; (d) a statement that the Interconnection or Network Element will be used to provide a telecommunications service; (e) the quantity requested; (f) the specific location requested; (g) if the requested unbundled Network Element is a proprietary element as specified in Section 251(d)(2) of the Act, DSLnet Teligent must submit documentation that demonstrates that access to such Network Element is necessary, that the failure to provide access to such Network Element would impair the ability of DSLnet Teligent to provide the services that it seeks to offer, and that DSLnetTeligent’s ability to compete would be significantly impaired or thwarted without access to such requested proprietary element; and (h) if the requested unbundled Network Element is a non-proprietary element as specified in Section 251(d)(2) of the Act, DSLnet Teligent must submit documentation that demonstrates that denial of access to such unbundled non-proprietary Network Element would decrease the quality or increase the cost of the service sought to be offered by DSLnetTeligent. 19.3 Within 15 business days of its receipt, USWC shall acknowledge receipt of the BFR and in such acknowledgment advise DSLnet Teligent of missing information, if any, necessary to process the BFR. Thereafter, USWC shall promptly advise DSLnet Teligent of the need for any additional information that will facilitate the analysis of the BFR. 19.4 Within 30 calendar days of its receipt of the BFR and all information necessary to process it, USWC shall provide to DSLnet Teligent a preliminary analysis of the BFR. The preliminary analysis shall specify USWC’s conclusions as to whether or not the requested Interconnection or access to an unbundled Network Element complies with the unbundling requirements set forth above. 19.4.1 If USWC determines during the 30 day period that a BFR does not qualify as a Network Element or Interconnection that is required to be provided under the Act, USWC shall advise DSLnet Teligent as soon as reasonably possible of that fact, and USWC shall promptly, but in no case later than ten days after making such a determination, provide a written report setting forth the basis for its conclusion. 19.4.2 If USWC determines during the thirty day period that the BFR qualifies under the Act, it shall notify DSLnet Teligent in writing of such determination within ten days. 19.4.3 As soon as feasible, but in any case within 90 days after USWC notifies DSLnet Teligent that the BFR qualifies under the Act, USWC shall provide to DSLnet Teligent a BFR quote. The BFR quote will include, at a minimum, a description of each Interconnection and Network Element, the quantity to be provided, any interface specifications, and the applicable rates (recurring and nonrecurring) including the separately stated development costs and construction charges of the Interconnection or the Network Elements and any minimum volume and term commitments required. 19.5 If USWC has indicated minimum volume and term commitments, then within 30 days of its receipt of the BFR quote, DSLnet Teligent must either agree to purchase under those commitments, cancel its BFR, or seek mediation or arbitration. 19.6 If DSLnet Teligent has agreed to minimum volume and term commitments under the preceding paragraph, DSLnet Teligent may cancel the BFR or volume and term commitment at any time, but in the event of such cancellation DSLnet Teligent will pay USWC’s reasonable development costs incurred in providing the Interconnection or Network Element, to the extent that those development costs are not otherwise amortized. 19.7 If either Party believes that the other Party is not requesting, negotiating or processing any BFR in good faith, or disputes a determination, or quoted price or cost, it may seek arbitration pursuant to the Dispute Resolution provision of this Agreement.

BONA FIDE REQUEST PROCESS. 19.1 Any request for Interconnection or access to an unbundled Network Element that is not already available as described herein shall be treated as a Bona Fide Request (BFR). USWC shall use the BFR Process to determine the terms and timetable for providing the requested Interconnection or access to unbundled Network Elements, if available, and the technical feasibility of new/different points of Interconnection. USWC will administer the BFR Process in a non- discriminatory manner. 19.2 A BFR shall be submitted in writing and on the appropriate USWC form for BFRs. The form will request, and DSLnet Integra will need to provide, at a minimum: (a) a technical description of each requested Network Element or new/different points of Interconnection; (b) the desired interface specification; (c) each requested type of Interconnection or access; (d) a statement that the Interconnection or Network Element will be used to provide a telecommunications service; (e) the quantity requested; (f) the specific location requested; (g) if the requested unbundled Network Element is a proprietary element as specified in Section 251(d)(2) of the Act, DSLnet Integra must submit documentation that demonstrates that access to such Network Element is necessary, that the failure to provide access to such Network Element would impair the ability of DSLnet Integra to provide the services that it seeks to offer, and that DSLnetIntegra’s ability to compete would be significantly impaired or thwarted without access to such requested proprietary element; and (h) if the requested unbundled Network Element is a non-proprietary element as specified in Section 251(d)(2) of the Act, DSLnet Integra must submit documentation that demonstrates that denial of access to such unbundled non-proprietary Network Element would decrease the quality or increase the cost of the service sought to be offered by DSLnetIntegra. 19.3 Within 15 fifteen (15) business days of its receipt, USWC shall acknowledge receipt of the BFR and in such acknowledgment advise DSLnet Integra of missing information, if any, necessary to process the BFR. Thereafter, USWC shall promptly advise DSLnet Integra of the need for any additional information that will facilitate the analysis of the BFR. 19.4 Within 30 thirty (30) calendar days of its receipt of the BFR and all information necessary to process it, USWC shall provide to DSLnet Integra a preliminary analysis of the BFR. The preliminary analysis shall specify USWC’s conclusions as to whether or not the requested Interconnection or access to an unbundled Network Element complies with the unbundling requirements set forth above. 19.4.1 If USWC determines during the 30 thirty (30) day period that a BFR does not qualify as a Network Element or Interconnection that is required to be provided under the Act, USWC shall advise DSLnet Integra as soon as reasonably possible of that fact, and USWC shall promptly, but in no case later than ten (10) days after making such a determination, provide a written report setting forth the basis for its conclusion. 19.4.2 If USWC determines during the thirty day period that the BFR qualifies under the Act, it shall notify DSLnet Integra in writing of such determination within ten (10) days. 19.4.3 As soon as feasible, but in any case within 90 ninety (90) days after USWC notifies DSLnet Integra that the BFR qualifies under the Act, USWC shall provide to DSLnet Integra a BFR quote. The BFR quote will include, at a minimum, a description of each Interconnection and Network Element, the quantity to be provided, any interface specifications, and the applicable rates (recurring and nonrecurring) including the separately stated development costs and construction charges of the Interconnection or the Network Elements and any minimum volume and term commitments required. 19.5 If USWC has indicated minimum volume and term commitments, then within 30 thirty (30) days of its receipt of the BFR quote, DSLnet Integra must either agree to purchase under those commitments, cancel its BFR, or seek mediation or arbitration. 19.6 If DSLnet Integra has agreed to minimum volume and term commitments under the preceding paragraph, DSLnet Integra may cancel the BFR or volume and term commitment at any time, but in the event of such cancellation DSLnet Integra will pay USWC’s reasonable development costs incurred in providing the Interconnection or Network Element, to the extent that those development costs are not otherwise amortized. 19.7 If either Party believes that the other Party is not requesting, negotiating or processing any BFR in good faith, or disputes a determination, or quoted price or cost, it may seek arbitration pursuant to the Dispute Resolution provision of this Agreement. 19.8 Notwithstanding the foregoing, Integra may at any time contact their account manager to inquire about the availability or potential availability of interconnection or Network Element. Integra’s account manager shall make a reasonable effort to respond to such an inquiry with no charge to Integra. Following the account manager’s response to any inquiry made pursuant to the Section 19.8, Integra may make a formal request for interconnection or access to an unbundled Network Element pursuant to this Section 19.