Common use of Design Three Clause in Contracts

Design Three. Both BendTel and CenturyLink each provide two fibers between their locations. This design may only be considered where existing fibers are available and there is a mutual benefit to both Parties. CenturyLink will provide the fibers associated with the “working” side of the system. BendTel will provide the fibers associated with the “protection” side of the system. The Parties will work cooperatively to terminate each other’s fiber in order to provision this joint SONET ring or point-to-point linear system. Both Parties will work cooperatively to determine the appropriate technical handoff for purposes of demarcation and fault isolation. The POI will be defined as being at the CenturyLink location. 2.3.2.5 The BendTel location includes FOTs, multiplexing and fiber required to terminate the optical signal provided from CenturyLink. This location is BendTel’s responsibility to provision and maintain. 2.3.2.6 The CenturyLink location includes all CenturyLink FOTs, multiplexing and fiber required to terminate the optical signal provided from BendTel. This location is CenturyLink's responsibility to provision and maintain. 2.3.2.7 Pursuant to the mutually agreed upon implementation terms of BendTel’s Fiber Meet BFR, CenturyLink and BendTel shall procure, install, and maintain the agreed-upon FOT equipment in each of their locations where the Parties established a Fiber Meet. Capacity shall be sufficient to provision and maintain all trunk groups prescribed by Section 3 of this Article for the purposes of Interconnection. 2.3.2.8 Each Party shall provide its own, unique source for the synchronized timing of its FOT equipment. At a minimum, each timing source must be Stratum-3 traceable and cannot be provided over DS0/DS1 facilities, via Line Timing; or via a Derived DS1 off of FOT equipment. Both Parties agree to establish separate and distinct timing sources that are not derived from the other, and meet the criteria identified above. 2.3.2.9 BendTel and CenturyLink will mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1s or DS3s. Each Party will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. The Parties will develop and agree upon methods for the capacity planning and management for these facilities, terms and conditions for over provisioning facilities, and the necessary processes to implement facilities as indicated below. These methods will meet quality standards as mutually agreed to by BendTel and CenturyLink.

Design Three. Both BendTel Cal-Ore and CenturyLink CenturyTel each provide two fibers between their locations. This design may only be considered where existing fibers are available and there is a mutual benefit to both Parties. CenturyLink CenturyTel will provide the fibers associated with the “working” side of the system. BendTel Cal-Ore will provide the fibers associated with the “protection” side of the system. The Parties will work cooperatively to terminate each other’s fiber in order to provision this joint SONET ring or point-to-point linear system. Both Parties will work cooperatively to determine the appropriate technical handoff for purposes of demarcation and fault isolation. The POI will be defined as being at the CenturyLink CenturyTel location. 2.3.2.5 The BendTel Cal-Ore location includes FOTs, multiplexing and fiber required to terminate the optical signal provided from CenturyLinkCenturyTel. This location is BendTelCal-Ore’s responsibility to provision and maintain. 2.3.2.6 The CenturyLink CenturyTel location includes all CenturyLink CenturyTel FOTs, multiplexing and fiber required to terminate the optical signal provided from BendTel. Cal-Ore. This location is CenturyLinkCenturyTel's responsibility to provision and maintain. 2.3.2.7 Pursuant to the mutually agreed upon implementation terms of BendTelCal-Ore’s Fiber Meet BFR, CenturyLink CenturyTel and BendTel Cal-Ore shall procure, install, and maintain the agreed-upon FOT equipment in each of their locations where the Parties established a Fiber Meet. Capacity shall be sufficient to provision and maintain all trunk groups prescribed by Section 3 of this Article for the purposes of Interconnection. 2.3.2.8 Each Party shall provide its own, unique source for the synchronized timing of its FOT equipment. At a minimum, each timing source must be Stratum-3 traceable and cannot be provided over DS0/DS1 facilities, via Line Timing; or via a Derived DS1 off of FOT equipment. Both Parties agree to establish separate and distinct timing sources that are not derived from the other, and meet the criteria identified above. 2.3.2.9 BendTel Cal-Ore and CenturyLink CenturyTel will mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1s or DS3s. Each Party will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. The Parties will develop and agree upon methods for the capacity planning and management for these facilities, terms and conditions for over provisioning facilities, and the necessary processes to implement facilities as indicated below. These methods will meet quality standards as mutually agreed to by BendTel Cal-Ore and CenturyLinkCenturyTel.

Design Three. Both BendTel Big River and CenturyLink each provide two fibers between their locations. This design may only be considered where existing fibers are available and there is a mutual benefit to both Parties. CenturyLink will provide the fibers associated with the “working” side of the system. BendTel Big River will provide the fibers associated with the “protection” side of the system. The Parties will work cooperatively to terminate each other’s fiber in order to provision this joint SONET ring or point-to-point linear system. Both Parties will work cooperatively to determine the appropriate technical handoff for purposes of demarcation and fault isolation. The POI will be defined as being at the CenturyLink location. 2.3.2.5 The BendTel Big River location includes FOTs, multiplexing and fiber required to terminate the optical signal provided from CenturyLink. This location is BendTelBig River’s responsibility to provision and maintain. 2.3.2.6 The CenturyLink location includes all CenturyLink FOTs, multiplexing and fiber required to terminate the optical signal provided from BendTelBig River. This location is CenturyLink's responsibility to provision and maintain. 2.3.2.7 Pursuant to the mutually agreed upon implementation terms of BendTelBig River’s Fiber Meet BFR, CenturyLink and BendTel Big River shall procure, install, and maintain the agreed-upon FOT equipment in each of their locations where the Parties established a Fiber Meet. Capacity shall be sufficient to provision and maintain all trunk groups prescribed by Section 3 of this Article for the purposes of Interconnection. 2.3.2.8 Each Party shall provide its own, unique source for the synchronized timing of its FOT equipment. At a minimum, each timing source must be Stratum-3 traceable and cannot be provided over DS0/DS1 facilities, via Line Timing; or via a Derived DS1 off of FOT equipment. Both Parties agree to establish separate and distinct timing sources that are not derived from the other, and meet the criteria identified above. 2.3.2.9 BendTel Big River and CenturyLink will mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1s or DS3s. Each Party will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. The Parties will develop and agree upon methods for the capacity planning and management for these facilities, terms and conditions for over provisioning facilities, and the necessary processes to implement facilities as indicated below. These methods will meet quality standards as mutually agreed to by BendTel Big River and CenturyLink.

Design Three. Both BendTel Pine Belt and CenturyLink each provide two fibers between their locations. This design may only be considered where existing fibers are available and there is a mutual benefit to both Parties. CenturyLink will provide the fibers associated with the “working” side of the system. BendTel Pine Belt will provide the fibers associated with the “protection” side of the system. The Parties will work cooperatively to terminate each other’s fiber in order to provision this joint SONET ring or point-point- to-point linear system. Both Parties will work cooperatively to determine the appropriate technical handoff for purposes of demarcation and fault isolation. The POI will be defined as being at the CenturyLink location. 2.3.2.5 The BendTel Pine Belt location includes FOTs, multiplexing and fiber required to terminate the optical signal provided from CenturyLink. This location is BendTelPine Belt’s responsibility to provision and maintain. 2.3.2.6 The CenturyLink location includes all CenturyLink FOTs, multiplexing and fiber required to terminate the optical signal provided from BendTelPine Belt. This location is CenturyLink's responsibility to provision and maintain. 2.3.2.7 Pursuant to the mutually agreed upon implementation terms of BendTelPine Belt’s Fiber Meet BFR, CenturyLink and BendTel Pine Belt shall procure, install, and maintain the agreed-upon FOT equipment in each of their locations where the Parties established a Fiber Meet. Capacity shall be sufficient to provision and maintain all trunk groups prescribed by Section 3 of this Article for the purposes of Interconnection. 2.3.2.8 Each Party shall provide its own, unique source for the synchronized timing of its FOT equipment. At a minimum, each timing source must be Stratum-3 traceable and cannot be provided over DS0/DS1 facilities, via Line Timing; or via a Derived DS1 off of FOT equipment. Both Parties agree to establish separate and distinct timing sources that are not derived from the other, and meet the criteria identified above. 2.3.2.9 BendTel Pine Belt and CenturyLink will mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1s or DS3s. Each Party will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. The Parties will develop and agree upon methods for the capacity planning and management for these facilities, terms and conditions for over provisioning facilities, and the necessary processes to implement facilities as indicated below. These methods will meet quality standards as mutually agreed to by BendTel Pine Belt and CenturyLink.

Design Three. Both BendTel ELTOPIA and CenturyLink each provide two fibers between their locations. This design may only be considered where existing fibers are available and there is a mutual benefit to both Parties. CenturyLink will provide the fibers associated with the “working” side of the system. BendTel ELTOPIA will provide the fibers associated with the “protection” side of the system. The Parties will work cooperatively to terminate each other’s fiber in order to provision this joint SONET ring or point-to-point linear system. Both Parties will work cooperatively to determine the appropriate technical handoff for purposes of demarcation and fault isolation. The POI will be defined as being at the CenturyLink location. 2.3.2.5 The BendTel ELTOPIA location includes FOTs, multiplexing and fiber required to terminate the optical signal provided from CenturyLink. This location is BendTelELTOPIA’s responsibility to provision and maintain. 2.3.2.6 The CenturyLink location includes all CenturyLink FOTs, multiplexing and fiber required to terminate the optical signal provided from BendTelELTOPIA. This location is CenturyLink's responsibility to provision and maintain. 2.3.2.7 Pursuant to the mutually agreed upon implementation terms of BendTelELTOPIA’s Fiber Meet BFR, CenturyLink and BendTel ELTOPIA shall procure, install, and maintain the agreed-upon FOT equipment in each of their locations where the Parties established a Fiber Meet. Capacity shall be sufficient to provision and maintain all trunk groups prescribed by Section 3 of this Article for the purposes of Interconnection. 2.3.2.8 Each Party shall provide its own, unique source for the synchronized timing of its FOT equipment. At a minimum, each timing source must be Stratum-3 traceable and cannot be provided over DS0/DS1 facilities, via Line Timing; or via a Derived DS1 off of FOT equipment. Both Parties agree to establish separate and distinct timing sources that are not derived from the other, and meet the criteria identified above. 2.3.2.9 BendTel ELTOPIA and CenturyLink will mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1s or DS3s. Each Party will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. The Parties will develop and agree upon methods for the capacity planning and management for these facilities, terms and conditions for over provisioning facilities, and the necessary processes to implement facilities as indicated below. These methods will meet quality standards as mutually agreed to by BendTel ELTOPIA and CenturyLink.

Design Three. Both BendTel WOW and CenturyLink each provide two fibers between their locations. This design may only be considered where existing fibers are available and there is a mutual benefit to both Parties. CenturyLink will provide the fibers associated with the “working” side of the system. BendTel WOW will provide the fibers associated with the “protection” side of the system. The Parties will work cooperatively to terminate each other’s fiber in order to provision this joint SONET ring or point-to-point linear system. Both Parties will work cooperatively to determine the appropriate technical handoff for purposes of demarcation and fault isolation. The POI will be defined as being at the CenturyLink location. 2.3.2.5 The BendTel WOW location includes FOTs, multiplexing and fiber required to terminate the optical signal provided from CenturyLink. This location is BendTelWOW’s responsibility to provision and maintain. 2.3.2.6 The CenturyLink location includes all CenturyLink FOTs, multiplexing and fiber required to terminate the optical signal provided from BendTelWOW. This location is CenturyLink's responsibility to provision and maintain. 2.3.2.7 Pursuant to the mutually agreed upon implementation terms of BendTelWOW’s Fiber Meet BFR, CenturyLink and BendTel WOW shall procure, install, and maintain the agreed-upon FOT equipment in each of their locations where the Parties established a Fiber Meet. Capacity shall be sufficient to provision and maintain all trunk groups prescribed by Section 3 of this Article for the purposes of Interconnection. 2.3.2.8 Each Party shall provide its own, unique source for the synchronized timing of its FOT equipment. At a minimum, each timing source must be Stratum-3 traceable and cannot be provided over DS0/DS1 facilities, via Line Timing; or via a Derived DS1 off of FOT equipment. Both Parties agree to establish separate and distinct timing sources that are not derived from the other, and meet the criteria identified above. 2.3.2.9 BendTel WOW and CenturyLink will mutually agree on the capacity of the FOT(s) to be utilized based on equivalent DS1s or DS3s. Each Party will also agree upon the optical frequency and wavelength necessary to implement the Interconnection. The Parties will develop and agree upon methods for the capacity planning and management for these facilities, terms and conditions for over provisioning facilities, and the necessary processes to implement facilities as indicated below. These methods will meet quality standards as mutually agreed to by BendTel WOW and CenturyLink. 2.4 Responsibilities of the Parties 2.4.1 WOW and CenturyLink shall work cooperatively to install and maintain a reliable network. WOW and CenturyLink shall exchange appropriate information (e.g., maintenance contact numbers, network information, information required to comply with law enforcement and other security agencies of the federal and state government and such other information as the Parties shall mutually agree) to achieve this desired reliability. 2.4.2 WOW and CenturyLink will review engineering requirements as required and establish semi-annual forecasts for facilities utilization provided under this Article. 2.4.3 WOW and CenturyLink shall: 2.4.3.1 Provide trained personnel with adequate and compatible test equipment to work with each other's technicians. 2.4.3.2 Notify each other when there is any change affecting the service requested, including the due date. 2.4.3.3 Recognize that a facility handoff point must be agreed to that establishes the demarcation for maintenance and provisioning responsibilities for each party on their side of the POI.