Common use of Unbundled Loop Facility Qualification Clause in Contracts

Unbundled Loop Facility Qualification. If NEN plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN is responsible for notifying GTE of its intent. GTE will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE or other CLECs, GTE will so advise NEN and NEN shall not be permitted to deploy such service enhancing technology. If NEN disagrees with GTE’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 If NEN orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTE. GTE will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 If NEN orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN fails to notify GTE of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN fails to properly order an unbundled digital loop and obtain prior qualification from GTE for the facilities, if NEN's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN and NEN will immediately remove such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. If NEN NEWSOUTH plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN NEWSOUTH is responsible for notifying GTE of its intent. GTE will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN NEWSOUTH deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE or other CLECs, or if GTE has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, GTE will so advise NEN NEWSOUTH and NEN NEWSOUTH shall not be permitted to deploy such service enhancing technology. If NEN NEWSOUTH disagrees with GTE’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 If NEN NEWSOUTH orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTE. GTE will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 If NEN NEWSOUTH orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN NEWSOUTH fails to notify GTE of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN NEWSOUTH fails to properly order an unbundled digital loop and obtain prior qualification from GTE for the facilities, if NENNEWSOUTH's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN NEWSOUTH and NEN NEWSOUTH will immediately remove such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. If NEN NorthPoint plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN NorthPoint is responsible for notifying GTE of its intent. GTE will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN NorthPoint deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE or other CLECs, or if GTE has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, GTE will so advise NEN NorthPoint and NEN NorthPoint shall not be permitted to deploy such service enhancing technology. If NEN NorthPoint disagrees with GTE’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 If NEN NorthPoint orders an unbundled digital loop, pursuant to Sections 5.2.3 3.5.1 or 5.2.43.5.1, and provides the industry standard codes indicating the type of service to be deployed on the 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTE. GTE will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 If NEN NorthPoint orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.23.5.1, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN NorthPoint fails to notify GTE of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN NorthPoint fails to properly order an unbundled digital loop and obtain prior qualification from GTE for the facilities, if NENNorthPoint's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN NorthPoint and NEN NorthPoint will immediately remove such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference. 5.6.4 The Parties acknowledge that certain issues regarding spectral interference in the provisioning of unbundled loops are being addressed by the FCC in pending rulemaking proceedings. The Parties agree they will negotiate terms and conditions as a result of such FCC rules once final and binding decisions are issued, subject to either Party’s right to seek injunctive relief regarding such decisions, and amend the Agreement to reflect any such terms and conditions.

Unbundled Loop Facility Qualification. If NEN Bayland plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN Bayland is responsible for notifying GTE CenturyTel of its intent. GTE CenturyTel will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN Bayland deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE CenturyTel or other CLECs, GTE or if CenturyTel has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, CenturyTel will so advise NEN Bayland and NEN Bayland shall not be permitted to deploy such service enhancing technology. If NEN disagrees with GTE’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 If NEN orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. to deploy such service enhancing technology. If Bayland disagrees with CenturyTel’s determination, the Parties will jointly review the basis for CenturyTel’s decision and attempt to mutually resolve the disagreement. 5.6.1 If Bayland orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed on the unbundled digital loop, that shall constitute notification to GTECenturyTel. GTE CenturyTel will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 If NEN Bayland orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE CenturyTel will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN Bayland fails to notify GTE CenturyTel of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN Bayland fails to properly order an unbundled digital loop and obtain prior qualification from GTE CenturyTel for the facilities, if NEN's Bayland’s deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE CenturyTel or other CLECs in the same cable sheath, GTE CenturyTel will notify NEN Bayland and NEN Bayland will immediately remove such service enhancing technology and shall reimburse GTE CenturyTel for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. If NEN Sprint plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN Sprint is responsible for notifying GTE CenturyTel of its intent. GTE CenturyTel will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN Sprint deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE CenturyTel or other CLECs, GTE or if CenturyTel has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, CenturyTel will so advise NEN Sprint and NEN Sprint shall not be permitted to deploy such service enhancing technology. If NEN Sprint disagrees with GTECenturyTel’s determination, the Parties will jointly review the basis for GTECenturyTel’s decision and attempt to mutually resolve the disagreement. 5.6.1 . If NEN Sprint orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTECenturyTel. GTE CenturyTel will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 . If NEN Sprint orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE CenturyTel will perform the loop qualification, however, additional charges may apply. 5.6.3 . When NEN Sprint fails to notify GTE CenturyTel of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN Sprint fails to properly order an unbundled digital loop and obtain prior qualification from GTE CenturyTel for the facilities, if NENSprint's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE CenturyTel or other CLECs in the same cable sheath, GTE CenturyTel will notify NEN Sprint and NEN Sprint will immediately remove such service enhancing technology and shall reimburse GTE CenturyTel for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. If NEN TOUCHTONE plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN TOUCHTONE is responsible for notifying GTE of its intent. GTE will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN TOUCHTONE deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE or other CLECs, or if GTE has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, GTE will so advise NEN TOUCHTONE and NEN TOUCHTONE shall not be permitted to deploy such service enhancing technology. If NEN TOUCHTONE disagrees with GTE’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 If NEN TOUCHTONE orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTE. GTE will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 If NEN TOUCHTONE orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN TOUCHTONE fails to notify GTE of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN TOUCHTONE fails to properly order an unbundled digital loop and obtain prior qualification from GTE for the facilities, if NENTOUCHTONE's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN TOUCHTONE and NEN TOUCHTONE will immediately remove such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. 5.7.1 If NEN CD plans to deploy service service-enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops Copper Loops that could would foresee ably potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN CD is responsible for notifying GTE CenturyTel of its intent. GTE CenturyTel, will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN CD deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE CenturyTel or other CLECsCLECs that would be unreasonably degraded, GTE or if CenturyTel has existing near term plans (within six (6) months of the date of facility qualification) to deploy such technology, CenturyTel will so advise NEN CD and NEN CD shall not be permitted to deploy such service enhancing technology. If NEN CD disagrees with GTECenturyTel’s determination, the Parties will jointly review the basis for GTECenturyTel’s decision and attempt to mutually resolve the disagreement. Should the Parties be unable to resolve the disagreement through the normal course of business, either Party may invoke the Dispute Resolution Provisions of this Agreement. 5.6.1 5.7.2 If NEN CD orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4Copper Loop, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTECenturyTel. GTE CenturyTel will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 5.7.3 If NEN CD orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2Copper Loop, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE CenturyTel will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN 5.7.4 If CD fails to notify GTE CenturyTel of its plans to deploy service enhancing technology over an unbundled analog voice grade loop Copper Loop or NEN CD fails to properly order an unbundled digital loop and obtain prior qualification from GTE CenturyTel for the facilities, if NENand CD's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE CenturyTel or other CLECs in the same cable sheath, GTE CenturyTel will notify NEN CD and NEN CD will immediately remove take action to remediate such interference, which may include removal of such service enhancing technology and shall reimburse GTE CenturyTel for all expenses reasonably incurred expense by CenturyTel that are directly related to this interferenceCD’s failure to provide notification.

Unbundled Loop Facility Qualification. If NEN **CLEC plans to deploy service enhancing technologies (e.g. e.g., ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could would foreseeably potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN **CLEC is responsible for notifying GTE CenturyTel of its intent. GTE CenturyTel will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN **CLEC deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE CenturyTel or other CLECs**CLECs that would be unreasonably degraded, GTE or if CenturyTel has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, CenturyTel will so advise NEN **CLEC and NEN **CLEC shall not be permitted to deploy such service enhancing technology. If NEN **CLEC disagrees with GTECenturyTel’s determination, the Parties will jointly review the basis for GTECenturyTel’s decision and attempt to mutually resolve the disagreement. Should the Parties be unable to resolve the disagreement through the normal course of business, either Party may invoke the Dispute Resolution provisions of this Agreement. 5.6.1 If NEN orders 5.7.1. A **CLEC order for an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and that provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTECenturyTel. GTE CenturyTel will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 5.7.2. If NEN **CLEC orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE CenturyTel will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN 5.7.3. If **CLEC fails to notify GTE CenturyTel of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN **CLEC fails to properly order an unbundled digital loop and obtain prior qualification from GTE CenturyTel for the facilities, if NEN's and, **CLEC’s deployment of such technology is determined to have caused unreasonable interference with existing or planned service enhancing technologies deployed by GTE CenturyTel or other **CLECs in the same cable sheath, GTE CenturyTel will notify NEN **CLEC and NEN will immediately remove **CLEC will, without delay, take action to remediate such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. If NEN Lakeland plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN Lakeland is responsible for notifying GTE Tel USA of its intent. GTE Tel USA will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN Lakeland deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE Tel USA or other CLECs, GTE or if Tel USA has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, Tel USA will so advise NEN Lakeland and NEN Lakeland shall not be permitted to deploy such service enhancing technology. If NEN Lakeland disagrees with GTETel USA’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 If NEN orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. determination, the Parties will jointly review the basis for Tel USA’s decision and attempt to mutually resolve the disagreement. 5.6.1 If Lakeland orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed on the unbundled digital loop, that shall constitute notification to GTETel USA. GTE Tel USA will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 If NEN Lakeland orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE Tel USA will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN Lakeland fails to notify GTE Tel USA of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN Lakeland fails to properly order an unbundled digital loop and obtain prior qualification from GTE Tel USA for the facilities, if NENLakeland 's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE Tel USA or other CLECs in the same cable sheath, GTE Tel USA will notify NEN Lakeland and NEN Lakeland will immediately remove such service enhancing technology and shall reimburse GTE Tel USA for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. 5.7.1 If NEN CD plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops Copper Loops that could would foreseeably potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN CD is responsible for notifying GTE CenturyTel of its intent. GTE CenturyTel, will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN CD deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE CenturyTel or other CLECsCLECs that would be unreasonably degraded, GTE or if CenturyTel has existing near term plans (within six (6) months of the date of facility qualification) to deploy such technology, CenturyTel will so advise NEN CD and NEN CD shall not be permitted to deploy such service enhancing technology. If NEN CD disagrees with GTECenturyTel’s determination, the Parties will jointly review the basis for GTECenturyTel’s decision and attempt to mutually resolve the disagreement. Should the Parties be unable to resolve the disagreement through the normal course of business, either Party may invoke the Dispute Resolution Provisions of this Agreement. 5.6.1 5.7.2 If NEN CD orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4Copper Loop, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTECenturyTel. GTE CenturyTel will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 5.7.3 If NEN CD orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2Copper Loop, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN fails to notify GTE of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN fails to properly order an unbundled digital loop and obtain prior qualification from GTE for the facilities, if NEN's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN and NEN will immediately remove such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference.ordering

Unbundled Loop Facility Qualification. If NEN NAS plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN NAS is responsible for notifying GTE of its intent. GTE will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN NAS deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE or other CLECs, or if GTE has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, GTE will so advise NEN NAS and NEN NAS shall not be permitted to deploy such service enhancing technology. If NEN NAS disagrees with GTE’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 If NEN NAS orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTE. GTE will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 If NEN NAS orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN NAS fails to notify GTE of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN NAS fails to properly order an unbundled digital loop and obtain prior qualification from GTE for the facilities, if NENNAS's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN NAS and NEN NAS will immediately remove such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. 5.7.1 If NEN CD plans to deploy service service-enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops Copper Loops that could would foresee ably potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN CD is responsible for notifying GTE Spectra of its intent. GTE Spectra, will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN CD deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE Spectra or other CLECsCLECs that would be unreasonably degraded, GTE or if Spectra has existing near term plans (within six (6) months of the date of facility qualification) to deploy such technology, Spectra will so advise NEN CD and NEN CD shall not be permitted to deploy such service enhancing technology. If NEN CD disagrees with GTEXxxxxxx’s determination, the Parties will jointly review the basis for GTESpectra’s decision and attempt to mutually resolve the disagreement. Should the Parties be unable to resolve the disagreement through the normal course of business, either Party may invoke the Dispute Resolution Provisions of this Agreement. 5.6.1 5.7.2 If NEN CD orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4Copper Loop, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTESpectra. GTE Spectra will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 5.7.3 If NEN CD orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2Copper Loop, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE Spectra will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN 5.7.4 If CD fails to notify GTE Spectra of its plans to deploy service enhancing technology over an unbundled analog voice grade loop Copper Loop or NEN CD fails to properly order an unbundled digital loop and obtain prior qualification from GTE Spectra for the facilities, if NENand CD's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE Spectra or other CLECs in the same cable sheath, GTE Spectra will notify NEN CD and NEN CD will immediately remove take action to remediate such interference, which may include removal of such service enhancing technology and shall reimburse GTE Spectra for all expenses reasonably incurred expense by Spectra that are directly related to this interferenceCD’s failure to provide notification.

Unbundled Loop Facility Qualification. If NEN plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN is responsible for notifying GTE of its intent. GTE will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE or other CLECs, GTE will so advise NEN and NEN shall not be permitted to deploy such service enhancing technology. If NEN disagrees with GTE’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 If NEN orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTE. GTE will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 If NEN orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN fails to notify GTE of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN fails to properly order an unbundled digital loop and obtain prior qualification from GTE for the facilities, if NEN's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN and NEN will immediately remove such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. If NEN MFN plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN MFN is responsible for notifying GTE of its intent. GTE will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN MFN deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE or other CLECs, or if GTE has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, GTE will so advise NEN MFN and NEN MFN shall not be permitted to deploy such service enhancing technology. If NEN MFN disagrees with GTE’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 If NEN MFN orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTE. GTE will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 If NEN MFN orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN MFN fails to notify GTE of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN MFN fails to properly order an unbundled digital loop and obtain prior qualification from GTE for the facilities, if NENMFN's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN MFN and NEN MFN will immediately remove such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. If NEN Mpower plans to deploy service enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN Mpower is responsible for notifying GTE of its intent. GTE will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN Mpower deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE or other CLECs, or if GTE has existing near term plans (within 6 months of the date of facility qualification) to deploy such technology, GTE will so advise NEN Mpower and NEN Mpower shall not be permitted to deploy such service enhancing technology. If NEN Mpower disagrees with GTE’s determination, the Parties will jointly review the basis for GTE’s decision and attempt to mutually resolve the disagreement. 5.6.1 . If NEN Mpower orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTE. GTE will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 . If NEN Mpower orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 . When NEN Mpower fails to notify GTE of its plans to deploy service enhancing technology over an unbundled analog voice grade loop or NEN Mpower fails to properly order an unbundled digital loop and obtain prior qualification from GTE for the facilities, if NENMpower's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN Mpower and NEN Mpower will immediately remove such service enhancing technology and shall reimburse GTE for all incurred expense related to this interference.

Unbundled Loop Facility Qualification. 5.7.1 If NEN CD plans to deploy service service-enhancing technologies (e.g. ADSL, HDSL, ISDN, etc.) over unbundled copper loops Copper Loops that could would foresee ably potentially interfere with other service enhancing technologies that may be deployed within the same cable sheath, NEN CD is responsible for notifying GTE Spectra of its intent. GTE Spectra, will determine if there are any existing or planned service enhancing technologies deployed within the same cable sheath that would be interfered with if NEN CD deployed the proposed technology. If there are existing service enhancing technologies deployed or in the process of being deployed by GTE Spectra or other CLECsCLECs that would be unreasonably degraded, GTE or if Spectra has existing near term plans (within six (6) months of the date of facility qualification) to deploy such technology, Spectra will so advise NEN CD and NEN CD shall not be permitted to deploy such service enhancing technology. If NEN CD disagrees with GTEXxxxxxx’s determination, the Parties will jointly review the basis for GTEXxxxxxx’s decision and attempt to mutually resolve the disagreement. Should the Parties be unable to resolve the disagreement through the normal course of business, either Party may invoke the Dispute Resolution Provisions of this Agreement. 5.6.1 5.7.2 If NEN CD orders an unbundled digital loop, pursuant to Sections 5.2.3 or 5.2.4Copper Loop, and provides the industry standard codes indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute notification to GTESpectra. GTE Spectra will perform the loop qualification as part of the ordering process and no additional charges will apply. 5.6.2 5.7.3 If NEN CD orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2Copper Loop, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE Spectra will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN 5.7.4 If CD fails to notify GTE Spectra of its plans to deploy service enhancing technology over an unbundled analog voice grade loop Copper Loop or NEN CD fails to properly order an unbundled digital loop and obtain prior qualification from GTE Spectra for the facilities, if NENand CD's deployment of such technology is determined to have caused interference with existing or planned service enhancing technologies deployed by GTE Spectra or other CLECs in the same cable sheath, GTE Spectra will notify NEN CD and NEN CD will immediately remove take action to remediate such interference, which may include removal of such service enhancing technology and shall reimburse GTE Spectra for all expenses reasonably incurred expense by Spectra that are directly related to this interferenceCD’s failure to provide notification.

Unbundled Loop Facility Qualification. If NEN plans to deploy 4.6.1 Before deploying any service enhancing technologies copper cable technology (e.g. ADSLe.g., HDSL, ISDN, etc.) over unbundled copper loops that could potentially interfere with other service enhancing technologies that may be deployed within the same cable sheathanalog voice grade loop, NEN is responsible for notifying leased from GTE, pursuant to sections 4.2.1 and 4.2.2 above, ACI shall notify GTE of its intent. such intentions to enable GTE will to assess the loop transport facilities to determine if whether there are any existing or planned service enhancing copper cable loop transport technologies (e.g., analog carrier, etc.) deployed within the same cable sheath that would be interfered with if NEN ACI deployed the proposed service enhancing copper cable technology. If GTE believes that interference would occur, GTE will provide ACI with sufficient information to enable ACI to make an independent determination whether interference would occur. If, after discussion with ACI, GTE determines that there are existing service enhancing copper cable loop transport technologies already deployed within the same cable sheath, or in if GTE already has existing near term (within 6 months of the process date of being deployed by GTE or other CLECsfacility certification) plans to deploy copper cable loop transport technologies that would be interfered with as described above, GTE will so advise NEN inform ACI and NEN ACI shall not be permitted to deploy such service enhancing technologycopper cable technologies. If NEN disagrees with GTE’s determination, GTE may charge ACI the Parties will jointly review applicable engineering time and labor costs to perform the basis for GTE’s decision and attempt to mutually resolve the disagreementqualification. 5.6.1 4.6.2 If NEN ACI orders an unbundled digital loop, loops pursuant to Sections 5.2.3 or 5.2.4, 4.2.3 and 4.2.4 above and provides the industry standard codes on the order indicating the type of service to be deployed 1 See Telcordia Technologies TR-TSY-000008, Digital Interface Between the SLC-96 Digital Loop Carrier System and Local Digital Switch and TR-TSY-000303, Integrated Digital Loop Carrier (IDLC) Requirements, Objectives and Interface. on the unbundled digital loop, that shall constitute no notification to GTEis required. As described above in Section 4.6.1, GTE will perform determine if compatibility issues exist and, if facilities are available, will provide a loop capable of meeting the loop qualification as part of the ordering process and no additional charges will applyrequested service capabilities. 5.6.2 4.6.3 If NEN orders an unbundled analog loop, pursuant to Sections 5.2.1 and 5.2.2, and plans to deploy service enhancing technologies on the unbundled analog loop, notification must be provided separately and apart from the ordering process. GTE will perform the loop qualification, however, additional charges may apply. 5.6.3 When NEN ACI fails to notify GTE of its plans to deploy service enhancing copper cable technology over an unbundled analog voice grade loop loops, or NEN fails to properly order an unbundled digital loop loop, and obtain prior qualification from GTE for of the facilities, if NENACI's deployment of such technology is determined to have caused interference with existing or planned service enhancing copper cable loop transport technologies deployed by GTE or other CLECs in the same cable sheath, GTE will notify NEN and NEN ACI will immediately remove such service enhancing copper cable technology and shall reimburse GTE for all incurred expense related to this interference.