Common use of Network Architecture Requirements Clause in Contracts

Network Architecture Requirements. 4.1 XO will establish a physical point of interconnection (POI) in each mandatory local calling area in which it has assigned telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG). Each Party shall be financially responsible for one hundred percent (100%) of the facilities, trunks, and equipment on its side of the POI. (a) In California and Illinois, the Parties agree that this section is satisfied if XO (at its sole option) establishes a POI either: (i) at each access or local tandem in which tandem serving area XO has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within 15.75 miles of the Vertical and Horizontal coordinate of each rate center where XO has established a working telephone number local to that rate center. (b) In Connecticut, Indiana, Michigan, Nevada, Ohio, and Wisconsin, the Parties agree that this section is satisfied if, XO (at its sole option), establishes a POI either: (i) at each access or local tandem in which tandem serving area XO has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within each mandatory local calling area where XO has established a working telephone number local to a rate center in that calling area. (c) The Parties agree that the waivers contained in Section 2.2 with respect to changes in law do not apply to state commission-required changes in the geographic scope or definition of local calling areas. Where the local calling scope has changed, either party may exercise the right to renegotiate the number and location of POIs required under this Further Amendment. This provision shall not be interpreted to affect how the Parties agree to exchange, and compensate one another for, Virtual Foreign Exchange traffic (as defined herein) pursuant to Sections 4, 5, and 6 during the term of this Further Amendment. (d) XO may, at its sole option, establish a POI by obtaining dedicated Special Access services or facilities from SBC ILECs (without the need for XO equipment, facilities, or collocation at the SBC ILECs’ offices), or services or facilities from a third party, by establishing collocation, by establishing a fiber meet, or by provisioning such services or facilities for itself. 4.2 Where XO leases facilities from SBC ILECs to establish a POI, XO shall be required to begin paying SBC ILEC for such facilities once the facilities are jointly tested and accepted at a trunk level. 4.3 XO agrees to abide by SBC ILECs’ trunk engineering/administration guidelines as stated in the ICAs, including the following: 4.3.1 When interconnecting at SBC ILECs’ digital End Offices, the Parties have a preference for use of B8ZS ESF two-way trunks for all traffic between their networks. Where available, such trunk equipment will be used for these Local Interconnection Trunk Groups. Where AMI trunks are used, either Party may request upgrade to B8ZS ESF when such equipment is available. 4.3.2 The Parties shall establish direct End Office primary high usage Local Interconnection trunk groups when end office traffic (actual or forecasted) requires twenty-four (24) or more trunks over three consecutive months for the exchange of IntraLATA Toll and Local traffic. These trunk groups will be two- way and will utilize Signaling System 7 (“SS7”) signaling or MF protocol where required. 4.3.3 The Parties recognize that embedded one-way trunks may exist for Local/IntraLATA toll traffic via end point meet facilities. The Parties agree the existing architecture may remain in place and be augmented for growth as needed. The Parties may subsequently agree to a transition plan to migrate the embedded one-way trunks to two-way trunks via a method described in Appendix NIM. The Parties will coordinate any such migration, trunk group prioritization, and implementation schedule. SBC ILECs agree to develop a cutover plan and project manage the cutovers with XO participation and agreement. 4.4 Subject to Section 4.6, in order to qualify for receipt of reciprocal compensation in a given tandem serving area as provided in this Further Amendment, XO will achieve and maintain a network architecture within that tandem serving area such that Direct End Office Trunking (“DEOT”) does not fall below 70% for two consecutive months. Subject to Section 4.6, if XO has not established a POI required by Section 4.0, XO shall not be entitled to reciprocal compensation for calls from that local calling area. 4.5 For new interconnections, XO will achieve the DEOT criteria identified in Section 4.4 no later than six (6) months (or such other period as may be agreed to by the Parties) after the parties first exchange traffic for each new interconnection arrangement. 4.6 Under no circumstances shall XO have any liability or otherwise be penalized under this Further Amendment for non-compliance with the applicable POI and DEOT criteria specified herein during the transition period identified in Section 4.5. Furthermore, XO will have no liability and will face no penalty for non-compliance with the POI and DEOT criteria specified herein at any time thereafter if such non-compliance results from SBC ILEC’s inability to provide staffing, collocation space, trunking, or facilities necessary to satisfy the transition or from SBC ILEC’s failure to perform required network administration activities (including provisioning, activation, and translations), regardless of whether SBC ILEC’s inability or failure to perform is related to a Force Majeure event as that term is described in the underlying ICAs.

Network Architecture Requirements. 4.1 XO KMC will establish a physical point of interconnection (POI) in each mandatory local calling area in which it has assigned telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG). Each Party shall be financially responsible for one hundred percent (100%) of the facilities, trunks, and equipment on its side of the POI. (a) In California and Illinois, the Parties agree that this section is satisfied if XO KMC (at its sole option) establishes a POI either: (i) at each access or local tandem in which tandem serving area XO KMC has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO KMC maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within 15.75 miles of the Vertical and Horizontal coordinate of each rate center where XO KMC has established a working telephone number local to that rate center. (b) In Connecticut, Indiana, Michigan, Nevada, Ohio, and Wisconsin, the Parties agree that this section is satisfied if, XO KMC (at its sole option), establishes a POI either: (i) at each access or local tandem in which tandem serving area XO KMC has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO KMC maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within each mandatory local calling area where XO KMC has established a working telephone number local to a rate center in that calling area. (c) The Parties agree that the waivers contained in Section Sections 2.2 and 2.3 with respect to changes in law do not apply to state commission-required changes in the geographic scope or definition of local calling areas. Where the local calling scope has changed, either party may exercise the right to renegotiate the number and location of POIs required under this Further Second Amendment. This provision shall not be interpreted to affect how the Parties agree to exchange, and compensate one another for, Virtual Foreign Exchange traffic (as defined herein) pursuant to Sections 4, 5, and 6 during the term of this Further Amendment. (d) XO KMC may, at its sole option, establish a POI by obtaining dedicated Special Access services or facilities from SBC ILECs (without the need for XO KMC equipment, facilities, or collocation at the SBC ILECs’ offices), or services or facilities from a third party, by establishing collocation, by establishing a fiber meet, or by provisioning such services or facilities for itself. 4.2 Where XO KMC leases facilities from SBC ILECs to establish a POI, XO KMC shall be required to begin paying SBC ILEC for such facilities once the facilities are jointly tested and accepted at a trunk level. 4.3 XO KMC agrees to abide by SBC ILECs’ trunk engineering/administration guidelines as stated in the ICAs, including the following: 4.3.1 When interconnecting at SBC ILECs’ digital End Offices, the Parties have a preference for use of B8ZS ESF two-way trunks for all traffic between their networks. Where available, such trunk equipment will be used for these Local Interconnection Trunk Groups. Where AMI trunks are used, either Party may request upgrade to B8ZS ESF when such equipment is available. 4.3.2 The Parties shall establish direct End Office primary high usage Local Interconnection trunk groups when end office traffic (actual or forecasted) requires twenty-four (24) or more trunks over three consecutive months for the exchange of IntraLATA Toll and Local traffic. These trunk groups will be two- way and will utilize Signaling System 7 (“SS7”) signaling or MF protocol where required. 4.3.3 The Parties recognize that embedded one-way trunks may exist for Local/IntraLATA toll traffic via end point meet facilities. The Parties agree the existing architecture may remain in place and be augmented for growth as needed. The Parties may subsequently agree to a transition plan to migrate the embedded one-way trunks to two-way trunks via a method described in Appendix NIM. The Parties will coordinate any such migration, trunk group prioritization, and implementation schedule. SBC ILECs agree to develop a cutover plan and project manage the cutovers with XO KMC participation and agreement. 4.4 Subject to Section 4.6, in order to qualify for receipt of reciprocal compensation in a given tandem serving area as provided in this Further Amendmentamendment, XO KMC will achieve and maintain a network architecture within that tandem serving area such that Direct End Office Trunking (“DEOT”) does not fall below 70% for two consecutive months. Subject to Section 4.6, if XO KMC has not established a POI required by Section 4.0, XO shall not be entitled to reciprocal compensation for calls from that local calling area. 4.5 For new interconnections, XO will achieve the DEOT criteria identified in Section 4.4 no later than six (6) months (or such other period as may be agreed to by the Parties) after the parties first exchange traffic for each new interconnection arrangement. 4.6 Under no circumstances shall XO have any liability or otherwise be penalized under this Further Amendment for non-compliance with the applicable POI and DEOT criteria specified herein during the transition period identified in Section 4.5. Furthermore, XO will have no liability and will face no penalty for non-compliance with the POI and DEOT criteria specified herein at any time thereafter if such non-compliance results from SBC ILEC’s inability to provide staffing, collocation space, trunking, or facilities necessary to satisfy the transition or from SBC ILEC’s failure to perform required network administration activities (including provisioning, activation, and translations), regardless of whether SBC ILEC’s inability or failure to perform is related to a Force Majeure event as that term is described in the underlying ICAs.Section

Network Architecture Requirements. 4.1 XO CLEC will establish a physical point of interconnection (POI) in each mandatory local calling area in which it has assigned telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG). Each Party shall be financially responsible for one hundred percent (100%) of the facilities, trunks, and equipment on its side of the POI. (a) In California and Illinois, the Parties agree that this section is satisfied if XO CLEC (at its sole option) establishes a POI either: (i) at each access or local tandem in which tandem serving area XO CLEC has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO CLEC maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within 15.75 miles of the Vertical and Horizontal coordinate of each rate center where XO CLEC has established a working telephone number local to that rate center. (b) In Connecticut, Indiana, Michigan, Nevada, Ohio, and Wisconsin, the Parties agree that this section is satisfied if, XO CLEC (at its sole option), establishes a POI either: (i) at each access or local tandem in which tandem serving area XO CLEC has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO CLEC maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within each mandatory local calling area where XO CLEC has established a working telephone number local to a rate center in that calling area. (c) The Parties agree that the waivers contained in Section Sections 2.2 and 2.3 with respect to changes in law do not apply to state commission-required changes in the geographic scope or definition of local calling areas. Where the local calling scope has changed, either party may exercise the right to renegotiate the number and location of POIs required under this Further Amendment. This provision shall not be interpreted to affect how the Parties agree to exchange, and compensate one another for, Virtual Foreign Exchange traffic (as defined herein) pursuant to Sections 4, 5, and 6 during the term of this Further Amendment. (d) XO CLEC may, at its sole option, establish a POI by obtaining dedicated Special Access services or facilities from SBC ILECs (without the need for XO CLEC equipment, facilities, or collocation at the SBC ILECs’ offices), or services or facilities from a third party, by establishing collocation, by establishing a fiber meet, or by provisioning such services or facilities for itself. 4.2 Where XO CLEC leases facilities from SBC ILECs to establish a POI, XO CLEC shall be required to begin paying SBC ILEC for such facilities once the facilities are jointly tested and accepted at a trunk level. 4.3 XO CLEC agrees to abide by SBC ILECs’ trunk engineering/administration guidelines as stated in the ICAs, including the following: 4.3.1 When interconnecting at SBC ILECs’ digital End Offices, the Parties have a preference for use of B8ZS ESF two-way trunks for all traffic between their networks. Where available, such trunk equipment will be used for these Local Interconnection Trunk Groups. Where AMI trunks are used, either Party may request upgrade to B8ZS ESF when such equipment is available. 4.3.2 The Parties shall establish direct End Office primary high usage Local Interconnection trunk groups when end office traffic (actual or forecasted) requires twenty-four (24) or more trunks over three consecutive months for the exchange of IntraLATA Toll and Local traffic. These trunk groups will be two- way and will utilize Signaling System 7 (“SS7”) signaling or MF protocol where required. 4.3.3 The Parties recognize that embedded one-way trunks may exist for Local/IntraLATA toll traffic via end point meet facilities. The Parties agree the existing architecture may remain in place and be augmented for growth as needed. The Parties may subsequently agree to a transition plan to migrate the embedded one-way trunks to two-way trunks via a method described in Appendix NIM. The Parties will coordinate any such migration, trunk group prioritization, and implementation schedule. SBC ILECs agree to develop a cutover plan and project manage the cutovers with XO CLEC participation and agreement. 4.4 Subject to Section 4.6, in order to qualify for receipt of reciprocal compensation in a given tandem serving area as provided in this Further Amendmentamendment, XO CLEC will achieve and maintain a network architecture within that tandem serving area such that Direct End Office Trunking (“DEOT”) does not fall below 70% for two consecutive months. Subject to Section 4.6, if XO CLEC has not established a POI required by Section 4.0, XO CLEC shall not be entitled to reciprocal compensation for calls from that local calling area. 4.5 For new interconnections, XO CLEC will achieve the DEOT criteria identified in Section 4.4 no later than six (6) months (or such other period as may be agreed to by the Parties) after the parties first exchange traffic for each new interconnection arrangement. 4.6 Under no circumstances shall XO CLEC have any liability or otherwise be penalized under this Further Amendment for non-compliance with the applicable POI and DEOT criteria specified herein during the transition period identified in Section 4.5. Furthermore, XO CLEC will have no liability and will face no penalty for non-compliance with the POI and DEOT criteria specified herein at any time thereafter if such non-non- compliance results from SBC ILEC’s inability to provide staffing, collocation space, trunking, or facilities necessary to satisfy the transition or from SBC ILEC’s failure to perform required network administration activities (including provisioning, activation, and translations), regardless of whether SBC ILEC’s inability or failure to perform is related to a Force Majeure event as that term is described in the underlying ICAs.

Network Architecture Requirements. 4.1 XO Focal will establish a physical point of interconnection (POI) in each mandatory local calling area in which it has assigned telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG). Each Party shall be financially responsible for one hundred percent (100%) of the facilities, trunks, and equipment on its side of the POI. (a) In California and Illinois, the Parties agree that this section is satisfied if XO Focal (at its sole option) establishes a POI either: (i) at each access or local tandem in which tandem serving area XO Focal has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO Focal maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within 15.75 miles of the Vertical and Horizontal coordinate of each rate center where XO Focal has established a working telephone number local to that rate center. (b) In Connecticut, Indiana, Michigan, Nevada, Ohio, and Wisconsin, the Parties agree that this section is satisfied if, XO Focal (at its sole option), establishes a POI either: (i) at each access or local tandem in which tandem serving area XO Focal has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO Focal maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within each mandatory local calling area where XO Focal has established a working telephone number local to a rate center in that calling area. (c) The Parties agree that the waivers contained in Section 2.2 with respect to changes in law do not apply to state commission-required changes in the geographic scope or definition of local calling areas. Where the local calling scope has changed, either party may exercise the right to renegotiate the number and location of POIs required under this Further Amendment. This provision shall not be interpreted to affect how the Parties agree to exchange, and compensate one another for, Virtual Foreign Exchange traffic (as defined herein) pursuant to Sections 4, 5, and 6 during the term of this Further Amendment. (d) XO Focal may, at its sole option, establish a POI by obtaining dedicated Special Access services or facilities from SBC ILECs (without the need for XO Focal equipment, facilities, or collocation at the SBC ILECs’ offices), or services or facilities from a third party, by establishing collocation, by establishing a fiber meet, or by provisioning such services or facilities for itself. 4.2 Where XO Focal leases facilities from SBC ILECs to establish a POI, XO Focal shall be required to begin paying SBC ILEC for such facilities once the facilities are jointly tested and accepted at a trunk level. 4.3 XO Focal agrees to abide by SBC ILECs’ trunk engineering/administration guidelines as stated in the ICAs, including the following: 4.3.1 When interconnecting at SBC ILECs’ digital End Offices, the Parties have a preference for use of B8ZS ESF two-way trunks for all traffic between their networks. Where available, such trunk equipment will be used for these Local Interconnection Trunk Groups. Where AMI trunks are used, either Party may request upgrade to B8ZS ESF when such equipment is available. 4.3.2 The Parties shall establish direct End Office primary high usage Local Interconnection trunk groups when end office traffic (actual or forecasted) requires twenty-four (24) or more trunks over three consecutive months for the exchange of IntraLATA Toll and Local traffic. These trunk groups will be two- way and will utilize Signaling System 7 (“SS7”) signaling or MF protocol where required. 4.3.3 The Parties recognize that embedded one-way trunks may exist for Local/IntraLATA toll traffic via end point meet facilities. The Parties agree the existing architecture may remain in place and be augmented for growth as needed. The Parties may subsequently agree to a transition plan to migrate the embedded one-way trunks to two-way trunks via a method described in Appendix NIM. The Parties will coordinate any such migration, trunk group prioritization, and implementation schedule. SBC ILECs agree to develop a cutover plan and project manage the cutovers with XO participation and agreement. 4.4 Subject to Section 4.6, in order to qualify for receipt of reciprocal compensation in a given tandem serving area as provided in this Further Amendment, XO will achieve and maintain a network architecture within that tandem serving area such that Direct End Office Trunking (“DEOT”) does not fall below 70% for two consecutive months. Subject to Section 4.6, if XO has not established a POI required by Section 4.0, XO shall not be entitled to reciprocal compensation for calls from that local calling area. 4.5 For new interconnections, XO will achieve the DEOT criteria identified in Section 4.4 no later than six (6) months (or such other period as may be agreed to by the Parties) after the parties first exchange traffic for each new interconnection arrangement. 4.6 Under no circumstances shall XO have any liability or otherwise be penalized under this Further Amendment for non-compliance with the applicable POI and DEOT criteria specified herein during the transition period identified in Section 4.5. Furthermore, XO will have no liability and will face no penalty for non-compliance with the POI and DEOT criteria specified herein at any time thereafter if such non-compliance results from SBC ILEC’s inability to provide staffing, collocation space, trunking, or facilities necessary to satisfy the transition or from SBC ILEC’s failure to perform required network administration activities (including provisioning, activation, and translations), regardless of whether SBC ILEC’s inability or failure to perform is related to a Force Majeure event as that term is described in the underlying ICAs.four

Network Architecture Requirements. 4.1 XO PaeTec will establish a physical point of interconnection (POI) POIs in each mandatory local calling area areas in which it has assigned telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG). ) Each Party shall be financially responsible for one hundred percent (100%) of the facilities, trunks, and equipment on its side of the POI. (a) In California and Illinois, the Parties agree that this section is satisfied if XO PaeTec (at its sole option) establishes a POI POIs either: (i) at each access or local tandem in which tandem serving area XO PaeTec has established a working telephone number local to a rate center in that tandem serving area, and each SBC end office where XO PaeTec maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within 15.75 miles of the Vertical and Horizontal coordinate of each rate center where XO PaeTec has established a working telephone number local to that rate center; or (iii) upon mutual agreement in writing by the parties, additional POIs may be established exceeding the minimum requirements contained in this amendment. (b) In Connecticut, Indiana, Michigan, Nevada, Ohio, Ohio and Wisconsin, the Parties agree that this section is satisfied if, XO PaeTec (at its sole option), establishes a POI POIs either: (i) at each access or local tandem in which tandem serving area XO PaeTec has established a working telephone number local to a rate center in that tandem serving area, and each SBC end office where XO PaeTec maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within each mandatory local calling area where XO PaeTec has established a working telephone number local to a rate center in that calling area; or (iii) upon mutual agreement in writing by the parties, additional POIs may be established exceeding the minimum requirements contained in this amendment. (c) The Parties agree that the waivers contained in Section Sections 2.2 with respect to changes in law do not apply to state commission-required changes in the geographic scope or definition of local calling areas. Where the local calling scope has changed, either party may exercise the right to renegotiate the number and location of POIs required under this Further Amendment. This provision shall not be interpreted to affect how the Parties agree to exchange, and compensate one another for, Virtual Foreign Exchange traffic (as defined herein) pursuant to Sections 4, 5, and 6 during the term Term of this Further Amendment. (d) XO PaeTec may, at its sole option, establish a POI by obtaining dedicated Special Access services or facilities from SBC ILECs (without the need for XO PaeTec equipment, facilities, or collocation at the SBC ILECs’ ILEC’s offices), or services or facilities from a third party, by establishing collocation, by establishing a fiber meet, or by provisioning such services or facilities for itself. 4.2 Where XO PaeTec leases facilities from SBC ILECs to establish a POI, XO PaeTec shall be required to begin paying SBC ILEC for such facilities once the facilities are jointly tested and accepted at a trunk level. 4.3 XO PaeTec agrees to abide by SBC ILECs’ ILEC’s trunk engineering/administration guidelines as stated in the ICAs, including the following: 4.3.1 When interconnecting at SBC ILECs’ ILEC’s digital End Offices, the Parties have a preference for use of B8ZS ESF two-way trunks for all traffic between their networks. Where available, such trunk equipment will be used for these Local Interconnection Trunk Groups. Where AMI trunks are used, either Party may request upgrade to B8ZS ESF when such equipment is available. 4.3.2 The Parties shall establish direct End Office primary high usage Local Interconnection trunk groups when end office traffic (actual or forecasted) requires twenty-four (24) or more trunks over three consecutive months for the exchange of IntraLATA Toll and Total Compensable Local trafficTraffic. These trunk groups will be two- way and will utilize Signaling System 7 (“SS7”) signaling or MF protocol where required. 4.3.3 The Parties recognize that embedded one-way trunks may exist for LocalTotal Compensable/IntraLATA toll traffic via end point meet facilities. The Parties agree the existing architecture may remain in place and be augmented for growth as needed. The Parties may subsequently agree to a transition plan to migrate the embedded one-way trunks to two-way trunks via a method described in Appendix NIM. The Parties will coordinate any such migration, trunk group prioritization, and implementation schedule. SBC ILECs agree to develop a cutover plan and project manage the cutovers with XO PaeTec participation and agreement. 4.4 Subject to Section 4.6, in order to qualify for receipt of reciprocal compensation in a given tandem serving area as provided in this Further Amendment, XO PaeTec will achieve and maintain a network architecture within that tandem serving area such that Direct End Office Trunking (“DEOT”) does not fall below 70% for two consecutive months. In the event PaeTec’s network architecture within a single tandem serving area (“TSA”) consists of 96 or fewer trunks, the 70% DEOT trunking requirement shall not apply. Notwithstanding the foregoing, PaeTec shall be required to establish DEOT once the conditions set forth in Section 4.3.2. are satisfied in any end office, regardless of the total number of trunks or DEOT ratio in any TSA. 4.4.1 Subject to Section 4.6, if XO PaeTec has not established a POI required by Section 4.04.1, XO or has not established DEOTs required by 4.3.2, PaeTec shall not be entitled to reciprocal compensation for calls from that local calling areaarea for the time period during which PaeTec is not in compliance with Sections 4.1 and/or 4.3.2. 4.5 For new interconnections, XO PaeTec will achieve the DEOT criteria identified in Section 4.4 no later than six (6) months (or such other period as may be agreed to by the Parties) (hereinafter the “transition period”) after the parties Parties first exchange traffic for each new interconnection arrangementarrangement . 4.6 Under no circumstances shall XO PaeTec have any liability or otherwise be penalized under this Further Amendment for non-compliance with the applicable POI and DEOT criteria specified herein during the transition period identified in Section 4.5. Furthermore, XO PaeTec will have no liability and will face no penalty for non-compliance with the POI and DEOT criteria specified herein at any time thereafter if such non-non- compliance results from SBC ILEC’s inability to provide staffing, collocation space, trunking, or facilities necessary to satisfy the transition or from SBC ILEC’s failure to perform required network administration activities (including provisioning, activation, and translations), regardless of whether SBC ILEC’s inability or failure to perform is related to a Force Majeure event as that term is described in the underlying ICAs.

Network Architecture Requirements. 4.1 XO Level 3 will establish a physical point of interconnection (POI) in each mandatory local calling area in which it has assigned telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG). Each Party shall be financially responsible for one hundred percent (100%) of the facilities, trunks, and equipment on its side of the POI. (a) In California and Illinois, the Parties agree that this section is satisfied if XO Level 3 (at its sole option) establishes a POI either: (i) at each access or local tandem in which tandem serving area XO Level 3 has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO Level 3 maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within 15.75 miles of the Vertical and Horizontal coordinate of each rate center where XO Level 3 has established a working telephone number local to that rate center. (b) In Connecticut, Indiana, Michigan, Nevada, Ohio, and Wisconsin, the Parties agree that this section is satisfied if, XO Level 3 (at its sole option), establishes a POI either: (i) at each access or local tandem in which tandem serving area XO Level 3 has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO Level 3 maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within each mandatory local calling area where XO Level 3 has established a working telephone number local to a rate center in that calling area. (c) The Parties agree that the waivers contained in Section Sections 2.2 and 2.3 with respect to changes in law do not apply to state commission-required changes in the geographic scope or definition of local calling areas. Where the local calling scope has changed, either party may exercise the right to renegotiate the number and location of POIs required under this Further Second Amendment. This provision shall not be interpreted to affect how the Parties agree to exchange, and compensate one another for, Virtual Foreign Exchange traffic (as defined herein) pursuant to Sections 4, 5, and 6 during the term of this Further Amendment. (d) XO Level 3 may, at its sole option, establish a POI by obtaining dedicated Special Access services or facilities from SBC ILECs (without the need for XO Level 3 equipment, facilities, or collocation at the SBC ILECs’ offices), or services or facilities from a third party, by establishing collocation, by establishing a fiber meet, or by provisioning such services or facilities for itself. 4.2 Where XO Level 3 leases facilities from SBC ILECs to establish a POIXXX, XO Xxxxx 0 shall be required to begin paying SBC ILEC for such facilities once the facilities are jointly tested and accepted at a trunk level. 4.3 XO Level 3 agrees to abide by SBC ILECs’ trunk engineering/administration guidelines as stated in the ICAs, including the following: 4.3.1 When interconnecting at SBC ILECs’ digital End Offices, the Parties have a preference for use of B8ZS ESF two-way trunks for all traffic between their networks. Where available, such trunk equipment will be used for these Local Interconnection Trunk Groups. Where AMI trunks are used, either Party may request upgrade to B8ZS ESF when such equipment is available. 4.3.2 The Parties shall establish direct End Office primary high usage Local Interconnection trunk groups when end office traffic (actual or forecasted) requires twenty-four (24) or more trunks over three consecutive months for the exchange of IntraLATA Toll and Local traffic. These trunk groups will be two- way and will utilize Signaling System 7 (“SS7”) signaling or MF protocol where required. 4.3.3 The Parties recognize that embedded one-way trunks may exist for Local/IntraLATA toll traffic via end point meet facilities. The Parties agree the existing architecture may remain in place and be augmented for growth as needed. The Parties may subsequently agree to a transition plan to migrate the embedded one-way trunks to two-way trunks via a method described in Appendix NIM. The Parties will coordinate any such migration, trunk group prioritization, and implementation schedule. SBC ILECs agree to develop a cutover plan and project manage the cutovers with XO Level 3 participation and agreement. 4.4 Subject to Section 4.6, in order to qualify for receipt of reciprocal compensation in a given tandem serving area as provided in this Further Amendmentamendment, XO Level 3 will achieve and maintain a network architecture within that tandem serving area such that Direct End Office Trunking (“DEOT”) does not fall below 70% for two consecutive months. Subject to Section 4.6, if XO Level 3 has not established a POI required by Section 4.0, XO Level 3 shall not be entitled to reciprocal compensation for calls from that local calling area. 4.5 For new interconnections, XO Level 3 will achieve the DEOT criteria identified in Section 4.4 no later than six (6) months (or such other period as may be agreed to by the Parties) after the parties first exchange traffic for each new interconnection arrangement. 4.6 Under no circumstances shall XO Level 3 have any liability or otherwise be penalized under this Further Second Amendment for non-compliance with the applicable POI and DEOT criteria specified herein during the transition period identified in Section 4.5. Furthermore, XO Level 3 will have no liability and will face no penalty for non-compliance with the POI and DEOT criteria specified herein at any time thereafter if such non-non- compliance results from SBC ILEC’s inability to provide staffing, collocation space, trunking, or facilities necessary to satisfy the transition or from SBC ILEC’s failure to perform required network administration activities (including provisioning, activation, and translations), regardless of whether SBC ILEC’s inability or failure to perform is related to a Force Majeure event as that term is described in the underlying ICAs.

Network Architecture Requirements. 4.1 XO Level 3 will establish a physical point of interconnection (POI) in each mandatory local calling area in which it has assigned telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG). Each Party shall be financially responsible for one hundred percent (100%) of the facilities, trunks, and equipment on its side of the POI. (a) In California and Illinois, the Parties agree that this section is satisfied if XO Level 3 (at its sole option) establishes a POI either: (i) at each access or local tandem in which tandem serving area XO Level 3 has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO Level 3 maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within 15.75 miles of the Vertical and Horizontal coordinate of each rate center where XO Level 3 has established a working telephone number local to that rate center. (b) In Connecticut, Indiana, Michigan, Nevada, Ohio, and Wisconsin, the Parties agree that this section is satisfied if, XO Level 3 (at its sole option), establishes a POI either: (i) at each access or local tandem in which tandem serving area XO Level 3 has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO Level 3 maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within each mandatory local calling area where XO Level 3 has established a working telephone number local to a rate center in that calling area. (c) The Parties agree that the waivers contained in Section Sections 2.2 and 2.3 with respect to changes in law do not apply to state commission-required changes in the geographic scope or definition of local calling areas. Where the local calling scope has changed, either party may exercise the right to renegotiate the number and location of POIs required under this Further Third Amendment. This provision shall not be interpreted to affect how the Parties agree to exchange, and compensate one another for, Virtual Foreign Exchange traffic (as defined herein) pursuant to Sections 4, 5, and 6 during the term of this Further AmendmentAmend ment. (d) XO Level 3 may, at its sole option, establish a POI by obtaining dedicated Special Access services or facilities from SBC ILECs (without the need for XO Level 3 equipment, facilities, or collocation at the SBC ILECs’ offices), or services or facilities from a third party, by establishing collocation, by establishing a fiber meet, or by provisioning such services or facilities for itself. 4.2 Where XO Level 3 leases facilities from SBC ILECs to establish a POIXXX, XO Xxxxx 0 shall be required to begin paying SBC ILEC for such facilities once the facilities are jointly tested and accepted at a trunk level. 4.3 XO Level 3 agrees to abide by SBC ILECs’ trunk engineering/administration guidelines as stated in the ICAs, including the following: 4.3.1 When interconnecting at SBC ILECs’ digital End Offices, the Parties have a preference for use of B8ZS ESF two-way trunks for all traffic between their networks. Where available, such trunk equipment will be used for these Local Interconnection Trunk Groups. Where AMI trunks are used, either Party may request upgrade to B8ZS ESF when such equipment is available. 4.3.2 The Parties shall establish direct End Office primary high usage Local Interconnection trunk groups when end office traffic (actual or forecasted) requires twenty-twenty- four (24) or more trunks over three consecutive months for the exchange of IntraLATA Toll and Local traffic. These trunk groups will be two- way and will utilize Signaling System 7 (“SS7”) signaling or MF protocol where required. 4.3.3 The Parties recognize that embedded one-way trunks may exist for Local/IntraLATA toll traffic via end point meet facilities. The Parties agree the existing architecture may remain in place and be augmented for growth as needed. The Parties may subsequently agree to a transition plan to migrate the embedded one-way trunks to two-way trunks via a method described in Appendix NIM. The Parties will coordinate any such migration, trunk group prioritization, and implementation schedule. SBC ILECs agree to develop a cutover plan and project manage the cutovers with XO Level 3 participation and agreement. 4.4 Subject to Section 4.6, in order to qualify for receipt of reciprocal compensation in a given tandem serving area as provided in this Further Amendmentamendment, XO Level 3 will achieve and maintain a network architecture within that tandem serving area such that Direct End Office Trunking (“DEOT”) does not fall below 70% for two consecutive months. Subject to Section 4.6, if XO Level 3 has not established a POI required by Section 4.0, XO Level 3 shall not be entitled to reciprocal compensation for calls from that local calling area. 4.5 For new interconnections, XO Level 3 will achieve the DEOT criteria identified in Section 4.4 no later than six (6) months (or such other period as may be agreed to by the Parties) after the parties first exchange traffic for each new interconnection arrangement. 4.6 Under no circumstances shall XO Level 3 have any liability or otherwise be penalized under this Further Third Amendment for non-compliance with the applicable POI and DEOT criteria specified herein during the transition period identified in Section 4.5. Furthermore, XO Level 3 will have no liability and will face no penalty for non-compliance with the POI and DEOT criteria specified herein at any time thereafter if such non-non- compliance results from SBC ILEC’s inability to provide staffing, collocation space, trunking, or facilities necessary to satisfy the transition or from SBC ILEC’s failure to perform required network administration activities (including provisioning, activation, and translations), regardless of whether SBC ILEC’s inability or failure to perform is related to a Force Majeure event as that term is described in the underlying ICAs.

Network Architecture Requirements. 4.1 XO KMC will establish a physical point of interconnection (POI) in each mandatory local calling area in which it has assigned telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG). Each Party shall be financially responsible for one hundred percent (100%) of the facilities, trunks, and equipment on its side of the POI. (a) In California and Illinois, the Parties agree that this section is satisfied if XO KMC (at its sole option) establishes a POI either: (i) at each access or local tandem in which tandem serving area XO KMC has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO KMC maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within 15.75 miles of the Vertical and Horizontal coordinate of each rate center where XO KMC has established a working telephone number local to that rate center. (b) In Connecticut, Indiana, Michigan, Nevada, Ohio, and Wisconsin, the Parties agree that this section is satisfied if, XO KMC (at its sole option), establishes a POI either: (i) at each access or local tandem in which tandem serving area XO KMC has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO KMC maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within each mandatory local calling area where XO KMC has established a working telephone number local to a rate center in that calling area. (c) The Parties agree that the waivers contained in Section Sections 2.2 and 2.3 with respect to changes in law do not apply to state commission-required changes in the geographic scope or definition of local calling areas. Where the local calling scope has changed, either party may exercise the right to renegotiate the number and location of POIs required under this Further Amendment. This provision shall not be interpreted to affect how the Parties agree to exchange, and compensate one another for, Virtual Foreign Exchange traffic (as defined herein) pursuant to Sections 4, 5, and 6 during the term of this Further Amendment. (d) XO KMC may, at its sole option, establish a POI by obtaining dedicated Special Access services or facilities from SBC ILECs (without the need for XO KMC equipment, facilities, or collocation at the SBC ILECs’ offices), or services or facilities from a third party, by establishing collocation, by establishing a fiber meet, or by provisioning such services or facilities for itself. 4.2 Where XO KMC leases facilities from SBC ILECs to establish a POI, XO KMC shall be required to begin paying SBC ILEC for such facilities once the facilities are jointly tested and accepted at a trunk level. 4.3 XO KMC agrees to abide by SBC ILECs’ trunk engineering/administration guidelines as stated in the ICAs, including the following: 4.3.1 When interconnecting at SBC ILECs’ digital End Offices, the Parties have a preference for use of B8ZS ESF two-way trunks for all traffic between their networks. Where available, such trunk equipment will be used for these Local Interconnection Trunk Groups. Where AMI trunks are used, either Party may request upgrade to B8ZS ESF when such equipment is available. 4.3.2 The Parties shall establish direct End Office primary high usage Local Interconnection trunk groups when end office traffic (actual or forecasted) requires twenty-four (24) or more trunks over three consecutive months for the exchange of IntraLATA Toll and Local traffic. These trunk groups will be two- way and will utilize Signaling System 7 (“SS7”) signaling or MF protocol where required. 4.3.3 The Parties recognize that embedded one-way trunks may exist for Local/IntraLATA toll traffic via end point meet facilities. The Parties agree the existing architecture may remain in place and be augmented for growth as needed. The Parties may subsequently agree to a transition plan to migrate the embedded one-way trunks to two-way trunks via a method described in Appendix NIM. The Parties will coordinate any such migration, trunk group prioritization, and implementation schedule. SBC ILECs agree to develop a cutover plan and project manage the cutovers with XO KMC participation and agreement. 4.4 Subject to Section 4.6, in order to qualify for receipt of reciprocal compensation in a given tandem serving area as provided in this Further Amendmentamendment, XO KMC will achieve and maintain a network architecture within that tandem serving area such that Direct End Office Trunking (“DEOT”) does not fall below 70% for two consecutive months. Subject to Section 4.6, if XO KMC has not established a POI required by Section 4.0, XO KMC shall not be entitled to reciprocal compensation for calls from that local calling area. 4.5 For new interconnections, XO KMC will achieve the DEOT criteria identified in Section 4.4 no later than six (6) months (or such other period as may be agreed to by the Parties) after the parties first exchange traffic for each new interconnection arrangement. 4.6 Under no circumstances shall XO KMC have any liability or otherwise be penalized under this Further Amendment for non-compliance with the applicable POI and DEOT criteria specified herein during the transition period identified in Section 4.5. Furthermore, XO KMC will have no liability and will face no penalty for non-compliance with the POI and DEOT criteria specified herein at any time thereafter if such non-non- compliance results from SBC ILEC’s inability to provide staffing, collocation space, trunking, or facilities necessary to satisfy the transition or from SBC ILEC’s failure to perform required network administration activities (including provisioning, activation, and translations), regardless of whether SBC ILEC’s inability or failure to perform is related to a Force Majeure event as that term is described in the underlying ICAs.

Network Architecture Requirements. 4.1 XO XxXxxxXXX will establish a physical point of interconnection (POI) in each mandatory local calling area in which it has assigned telephone numbers (NPA/NXXs) in the Local Exchange Routing Guide (LERG). Each Party shall be financially responsible for one hundred percent (100%) of the facilities, trunks, and equipment on its side of the POI. (a) In California and Illinois, the Parties agree that this section is satisfied if XO XxXxxxXXX (at its sole option) establishes a POI either: (i) at each access or local tandem in which tandem serving area XO McLeodUSA has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO XxXxxxXXX maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within 15.75 miles of the Vertical and Horizontal coordinate of each rate center where XO XxXxxxXXX has established a working telephone number local to that rate center. (b) In Connecticut, Indiana, Michigan, Nevada, Ohio, and Wisconsin, the Parties agree that this section is satisfied if, XO XxXxxxXXX (at its sole option), establishes a POI either: (i) at each access or local tandem in which tandem serving area XO McLeodUSA has established a working telephone number local to a rate center in that tandem serving area, and each end office where XO XxXxxxXXX maintains a physical collocation arrangement (but only for those trunk groups associated with that end office); or (ii) within each mandatory local calling area where XO XxXxxxXXX has established a working telephone number local to a rate center in that calling area. (c) The Parties agree that the waivers contained in Section 2.2 with respect to changes in law do not apply to state commission-required changes in the geographic scope or definition of local calling areas. Where the local calling scope has changed, either party may exercise the right to renegotiate the number and location of POIs required under this Further Amendment. This provision shall not be interpreted to affect how the Parties agree to exchange, and compensate one another for, Virtual Foreign Exchange traffic (as defined herein) pursuant to Sections 4, 5, and 6 during the term of this Further Amendment. (d) XO McLeodUSA may, at its sole option, establish a POI by obtaining dedicated Special Access services or facilities from SBC ILECs (without the need for XO McLeodUSA equipment, facilities, or collocation at the SBC ILECs’ offices), or services or facilities from a third party, by establishing collocation, by establishing a fiber meet, or by provisioning such services or facilities for itself. 4.2 Where XO McLeodUSA leases facilities from SBC ILECs to establish a POI, XO XxXxxxXXX shall be required to begin paying SBC ILEC for such facilities once the facilities are jointly tested and accepted at a trunk level. 4.3 XO XxXxxxXXX agrees to abide by SBC ILECs’ trunk engineering/administration guidelines as stated in the ICAs, including the following: 4.3.1 When interconnecting at SBC ILECs’ digital End Offices, the Parties have a preference for use of B8ZS ESF two-way trunks for all traffic between their networks. Where available, such trunk equipment will be used for these Local Interconnection Trunk Groups. Where AMI trunks are used, either Party may request upgrade to B8ZS ESF when such equipment is available. 4.3.2 The Parties shall establish direct End Office primary high usage Local Interconnection trunk groups when end office traffic (actual or forecasted) requires twenty-four (24) or more trunks over three consecutive months for the exchange of IntraLATA Toll and Local traffic. These trunk groups will be two- way and will utilize Signaling System 7 (“SS7”) signaling or MF protocol where required. 4.3.3 The Parties recognize that embedded one-way trunks may exist for Local/IntraLATA toll traffic via end point meet facilities. The Parties agree the existing architecture may remain in place and be augmented for growth as needed. The Parties may subsequently agree to a transition plan to migrate the embedded one-way trunks to two-way trunks via a method described in Appendix NIM. The Parties will coordinate any such migration, trunk group prioritization, and implementation schedule. SBC ILECs agree to develop a cutover plan and project manage the cutovers with XO XxXxxxXXX participation and agreement. 4.4 Subject to Section 4.6, in order to qualify for receipt of reciprocal compensation in a given tandem serving area as provided in this Further Amendmentamendment, XO XxXxxxXXX will achieve and maintain a network architecture within that tandem serving area such that Direct End Office Trunking (“DEOT”) does not fall below 70% for two consecutive months. Subject to Section 4.6, if XO XxXxxxXXX has not established a POI required by Section 4.0, XO XxXxxxXXX shall not be entitled to reciprocal compensation for calls from that local calling area. 4.5 For new interconnections, XO XxXxxxXXX will achieve the DEOT criteria identified in Section 4.4 no later than six (6) months (or such other period as may be agreed to by the Parties) after the parties first exchange traffic for each new interconnection arrangement. 4.6 Under no circumstances shall XO XxXxxxXXX have any liability or otherwise be penalized under this Further Amendment for non-compliance with the applicable POI and DEOT criteria specified herein during the transition period identified in Section 4.5. Furthermore, XO XxXxxxXXX will have no liability and will face no penalty for non-non- compliance with the POI and DEOT criteria specified herein at any time thereafter if such non-compliance results from SBC ILEC’s inability to provide staffing, collocation space, trunking, or facilities necessary to satisfy the transition or from SBC ILEC’s failure to perform required network administration activities (including provisioning, activation, and translations), regardless of whether SBC ILEC’s inability or failure to perform is related to a Force Majeure event as that term is described in the underlying ICAs.