Common use of USE OF UNBUNDLED NETWORK ELEMENTS Clause in Contracts

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq as provided for in this Agreement. 41.3. Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an order for UNEs, CLEC certifies that these requirements are met. 41.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops in accordance with this Agreement to provide xDSL services.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. 41.1 Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. 41.2 CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq as provided for in this Agreement. 41.3. 41.3 Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. 41.4 CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an order for UNEs, CLEC certifies that these requirements are met. 41.4.1. 41.5 Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. 41.6 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. 41.7 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. 41.8 CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. 41.9 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement to provide xDSL servicesAgreement.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.140.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.240.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed tariffed access services obtained from Embarq as provided for in this Agreement. 41.340.3. Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.440.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions restrictions listed below. By placing an order for UNEs, ordering UNEs CLEC certifies that these requirements are met.agrees to comply with the following: 41.4.140.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) or special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) or high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available, both of which are provided by Embarq is subject to the EEL use restrictions in section 52.4.4. Such restrictions apply irrespective of the manner in which the loops and transport are combined. 41.4.240.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and a CMRS carriers’ networks network do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.340.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of exclusively providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, Services if CLEC is also providing an eligible telecommunications service over the same UNE. 40.4.4. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.540.4.5. An Information Service is Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide Interexchange Services to end users do not an eligible telecommunications service except that qualify as UNEs and will not be available to CLEC as UNEs. 40.4.6. CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement to provide xDSL servicesAgreement.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq 41.1 CenturyLink shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq CenturyLink shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. 41.2 CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq CenturyLink provided UNEs with any and all facilities and services whether provided by EmbarqCenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq CenturyLink as provided for in this Agreement. 41.3. 41.3 Each UNE provided by Embarq CenturyLink to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq CenturyLink provides to itself, EmbarqCenturyLink’s own subscribers, to an Embarq a CenturyLink Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. 41.4 CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an order for UNEs, CLEC certifies that these requirements are met. 41.4.1. 41.4.1 Any combination of the following, where both are provided by EmbarqCenturyLink, are subject to the EEL use restrictions in Section 5353 of this Part. Such restrictions apply irrespective of the manner in which the loops and transport are combined: (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. 41.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting EmbarqCenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. 41.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting EmbarqCenturyLink’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. 41.4.4 CLEC must use any UNE purchased from Embarq CenturyLink for the purpose of providing eligible telecommunications services Telecommunications Services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service Telecommunication Service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. 41.4.5 An Information Service is not an eligible telecommunications service Telecommunication Service except that CLEC can use unbundled loops in accordance with this Agreement to provide xDSL services. 41.4.6 Non-impairment and Related Processes (a) Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers which exceed the Business Line and Fiber-based Collocator thresholds for DS1 and DS3 Loops, as described in Sections 45.8.1 and 45.9.1, are listed on CenturyLink’s website. (b) CenturyLink shall not be required to provide and CLEC may not obtain: (i) DS1 and DS3 UNE Loops where the number of Business Lines and Fiber-based Collocators exceed the thresholds for each such respective service as specified in Sections 45.8.1 and 45.9.1, or where the number of such UNE Loops would exceed the maximum quantities as specified in Sections 45.8. 2 and 45.9.2. (ii) DS1 UNE Transport when both Wire Centers defining the route are Tier 1 Wire Centers as specified in 50.2.1 or DS1 UNE Transport circuits in excess of the maximum quantity on each route as specified in Section 50.2.2. (iii) DS3 UNE Transport when both Wire Centers defining the route are either Tier 1 or Tier 2 Wire Centers as specified in Section 50.3.1, or DS3 UNE Transport circuits in excess of the maximum quantity on each route as specified in Section 50.3.2. (iv) Fiber transport where both Wire Centers defining the route are either Tier 1 or Tier 2 Wire Centers as specified in Section 50.5.1(b)(i). (c) If CLEC has any DS1 and DS3 Loop or Transport UNEs in service which CenturyLink is not required to provide as specified in item (b) above, and if the transition timeframes in (d) below do not apply or have lapsed, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to back billing for the difference between the UNE rate and the rates for the comparable access service arrangements back to either the date the UNE service was installed or the date CenturyLink was no longer required to unbundle, whichever is shorter. If, within thirty days of written notice by XxxxxxxXxxx, CLEC fails to submit the necessary orders to convert such UNEs to alternative service arrangements, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates and to assess a non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. (d) If CenturyLink identifies Wire Centers as Tier 1 and/or Tier 2 in addition to those listed on CenturyLink’s website as of the Effective Date, or if a Wire Center previously designated as Tier 2 becomes classified as Tier 1 after the Effective Date, then the following provisions shall be applicable: (i) CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its website (“Non-impairment Notice Date”). CenturyLink may also provide CLEC with additional information CenturyLink relied upon in support of its designation, subject to any confidentiality protections which may be necessary or appropriate. (ii) CLEC will not order new DS1, DS3 and Dark Fiber UNE Loops/ Transport for the newly identified or reclassified Wire Centers beginning thirty (30) Days after the date of the notice (“Non- impairment Effective Date”). (iii) If CLEC does not agree with the non-impairment designation for a newly identified or reclassified Wire Center, and submits a self- certification in accordance with (vi) below, then CLEC may submit orders to obtain high-capacity Loops or Transport UNEs in such Wire Center, and CenturyLink shall process such orders, until a determination is made pursuant to (vi) below that CLEC is not entitled to order high-capacity Loops or Transport in such Wire Center. (iv) Except as provided in (vi) below, CLEC must submit the necessary orders to convert any UNEs which CenturyLink is no longer required to provide as a result of the addition or reclassification of such Wire Centers to an alternative service arrangement within sixty (60) Days of the Non-impairment Notice Date, (except for Dark Fiber UNES which shall be subject to the transition period specified in paragraph (v) below), and CLEC is subject to back billing for the difference between the UNE rate and the rates for the comparable access service arrangements to a date which is sixty (60) Days after the Non- impairment Notice Date. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the Non-impairment Notice Date, CenturyLink will be entitled to convert the UNEs to comparable Access Services and to assess a non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. (v) Except as provided in (vi) below, CLEC must begin negotiations to disconnect or convert to an alternative service any Dark Fiber UNEs which CenturyLink is no longer required to provide as a result of the addition or reclassification of such Wire Centers within sixty (60) Days of the Non-impairment Notice Date, and CLEC shall be subject to back billing at a rate which is applicable to the alternative service, or if no alternative service is arranged, then at a rate which is equal to the highest special access Dedicated Transport rate available under CenturyLink’s tariffs. Should the Parties not come to agreement on a transition plan to convert such non-impaired Dark Fiber UNEs, CenturyLink may disconnect such dark fiber six (6) months after the Non-impairment Notice Date. (vi) If CLEC does not agree with the non-impairment designation for a newly identified or reclassified Wire Center, then CLEC shall have sixty (60) Days from the date of the CenturyLink Non-impairment Notice Date to provide a self-certification to CenturyLink that, to the best of CLEC’s knowledge and based upon reasonably diligent inquiry undertaken by CLEC, which is also consistent with the FCC rules for non-impairment, the Wire Center does not meet the non-impairment thresholds. In such event, CLEC shall provide a blanket certification letter or other mutually agreed upon form to document its compliance with such diligent inquiry, including appropriate records that document what information CLEC relied upon to support its self-certification, subject to any confidentiality protections which may be necessary or appropriate. If CLEC does not convert existing high-capacity Loop or Transport UNEs or CLEC submits orders for new high-capacity Loop or Transport UNEs pursuant to such self-certification and it is subsequently determined by mutual agreement of the Parties or pursuant to the Dispute Resolution procedures of the Agreement that the Wire Centers were properly classified or reclassified as Tier 2 or Tier 1 by CenturyLink, then CLEC shall have thirty (30) Days from the date of such determination to submit the necessary orders to convert any UNEs which CenturyLink is no longer required to provide as a result of the addition or reclassification of such Wire Centers to an alternative service arrangement (except for Dark Fiber UNES which shall be subject to the transition obligations in paragraph (v) above) and shall be subject to back billing in the same manner as provided in paragraphs (iv) and (v) above, as the case may be. (e) For UNEs that are converted pursuant to paragraph (c) or (d)(iv) above, CenturyLink shall not impose any termination, reconnection, disconnection or other nonrecurring charges, except for the electronic service order change only charge where no physical work is required for the conversion. CLEC may be subject to termination, reconnection, disconnection and other applicable nonrecurring charges for conversion of UNEs ordered in violation of subparagraph (d)(ii) above (without self-certification) or conversion of UNEs ordered after the Non-impairment Effective Date pursuant to a determination under paragraph (d)(vi) that CenturyLink properly identified or reclassified the Wire Center. (f) Any disputes under this item 41.4.6 shall be resolved in accordance with the Dispute Resolution Procedures of the Agreement.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.140.1. Embarq Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq Sprint shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.240.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq Sprint provided UNEs with any and all facilities and services whether provided by EmbarqSprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq Sprint as provided for in this Agreement. 41.340.3. Each UNE provided by Embarq Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq Sprint provides to itself, EmbarqSprint’s own subscribers, to an Embarq a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.440.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions restrictions listed below. By placing an order for UNEsCLEC will provide self-certification, CLEC certifies at the time of ordering, that these requirements are metmet for each UNE ordered. 41.4.140.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) or Dedicated Transport, to the extent available, both of which are provided by Sprint is subject to the EEL use restrictions in section 52.5.4. Any combination of special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility)available, or (c) high capacity loops (DS1, DS3) and Dedicated Transport with UNE dedicated transport (DS1, DS3), to the extent available, both of which are provided by Sprint is subject to the EEL use restrictions in section 52.5.4. 41.4.240.4.2. CLEC may not order or use access a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting EmbarqSprint’s network and CMRS a Mobile Wireless Service provider’s network do not qualify as UNEs and will not be available to CLEC as UNEs. 40.4.3. CLEC can use Network Elements provided by Sprint to provide Local Exchange Service. CLEC can also use UNEs for a non-local service as long as CLEC is using such UNEs to provide a meaningful amount of Local Traffic. 40.4.4. CLEC may not access a UNE for the exclusive provision of interexchange services. Unbundled loops ordered by CLEC into a third party collocation cannot be used by the third party collocator to provide retail interexchange services. Facilities connecting Sprint’s network and interexchange carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.340.4.5. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement to provide xDSL servicesAgreement.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.12.1. Embarq Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq Sprint shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-non- discriminatory in accordance with the terms and conditions of this Agreement. 41.22.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq Sprint provided UNEs with any and all facilities and services whether provided by EmbarqSprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed tariffed access services obtained from Embarq Sprint as provided for in this Agreement. 41.32.3. Each UNE provided by Embarq Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq Sprint provides to itself, EmbarqSprint’s own subscribers, to an Embarq a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.42.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions restrictions listed below. By placing an order for UNEsCLEC will provide self-certification, CLEC certifies at the time of ordering, that these requirements are metmet for each UNE ordered. 41.4.12.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and or Dedicated Transport (DS1, DS3)Transport, to the extent available (a commingled facility)available, or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3)both of which are provided by Sprint is subject to the EEL use restrictions in xxxxxxx00. 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops in accordance with this Agreement to provide xDSL services.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq as provided for in this Agreement. 41.3. Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an order for UNEs, CLEC certifies that these requirements are met. 41.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3).DS3).‌ 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops in accordance with this Agreement to provide xDSL services.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq ILEC shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq ILEC shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq ILEC provided UNEs with any and all facilities and services whether provided by EmbarqEmbarq ILEC, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq ILEC as provided for in this Agreement. 41.3. Each UNE provided by Embarq ILEC to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq ILEC provides to itself, EmbarqEmbarq ILEC’s own subscribers, to an Embarq ILEC Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an on order for UNEs, CLEC certifies that these requirements are met. 41.4.1. Any combination of the following, where both are provided by EmbarqEmbarq ILEC, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops in accordance with this Agreement to provide xDSL services.Section

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq as provided for in this Agreement. 41.3. Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an on order for UNEs, CLEC certifies that these requirements are met. 41.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3).DS3).‌ 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement to provide xDSL servicesAgreement.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.140.1. Embarq Sprint shall offer UNEs to CLEC AT&T for the purpose of offering Telecommunications Service to CLEC AT&T subscribers. Embarq Sprint shall offer UNEs to CLEC AT&T on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.240.2. CLEC AT&T may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLECAT&T’s obligation to combine Embarq Sprint provided UNEs with any and all facilities and services whether provided by EmbarqSprint, CLECAT&T, or any other party. CLEC AT&T may Commingle UNEs with Wholesale Services or Tariffed tariffed access services obtained from Embarq Sprint as provided for in this Agreement. 41.340.3. Each UNE provided by Embarq Sprint to CLEC AT&T shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq Sprint provides to itself, EmbarqSprint’s own subscribers, to an Embarq a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.440.4. CLEC AT&T may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions restrictions listed below. By placing an order for UNEsAT&T will provide self-certification, CLEC certifies at the time of ordering, that these requirements are metmet for each UNE ordered. 41.4.140.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and or Dedicated Transport (DS1, DS3)Transport, to the extent available (a commingled facility)available, or (c) high capacity both of which are provided by Sprint is subject to the EEL use restrictions in section 52.4.4. Such restrictions apply irrespective of the manner in which the loops (DS1, DS3) and Dedicated Transport (DS1, DS3)transport are combined. 41.4.240.4.2. CLEC AT&T may not order or use access a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting EmbarqSprint’s network and CMRS a Mobile Wireless Service provider’s network do not qualify as UNEs and will not be available to AT&T as UNEs. 40.4.3. AT&T can use Network Elements provided by Sprint to provide Local Exchange Service. AT&T can also use UNEs for a non-local service as long as AT&T is using such UNEs to provide a meaningful amount of Local Traffic. 40.4.4. AT&T may not access a UNE for the exclusive provision of interexchange services. Unbundled loops ordered by AT&T into a third party collocation cannot be used by the third party collocator to provide retail interexchange services. Facilities connecting Sprint’s network and interexchange carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify AT&T as UNEs and will not be available to CLEC as UNE 41.4.440.4.5. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC AT&T can use unbundled loops to provide xDSL services in accordance with this Agreement to provide xDSL servicesAgreement.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq as provided for in this Agreement. 41.3. Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an on order for UNEs, CLEC certifies that these requirements are met. 41.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 5353.5.3. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) 41.4.1.1. high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) 41.4.1.2. special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) 41.4.1.3. high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA InterLATA or intraLATA IntraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services.Services.‌ 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement to provide xDSL servicesAgreement.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq ILEC shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq ILEC shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq ILEC provided UNEs with any and all facilities and services whether provided by EmbarqEmbarq ILEC, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq ILEC as provided for in this Agreement. 41.3. Each UNE provided by Embarq ILEC to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq ILEC provides to itself, EmbarqEmbarq ILEC’s own subscribers, to an Embarq ILEC Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an on order for UNEs, CLEC certifies that these requirements are met. 41.4.1. Any combination of the following, where both are provided by EmbarqEmbarq ILEC, are subject to the EEL use restrictions in Section 5353.5.3. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) 41.4.1.1. high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) 41.4.1.2. special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) 41.4.1.3. high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting EmbarqEmbarq ILEC’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting EmbarqEmbarq ILEC’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq ILEC for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement to provide xDSL servicesAgreement.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other partyParty. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services Access Services obtained from Embarq as provided for in this Agreement. 41.3. Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an order for UNEs, CLEC certifies that these requirements are met. 41.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled Commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled Commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end end-users do not qualify as UNEs and will not be available to CLEC as UNE UNE CoastCom – ICRA: OR – Eff: 05/20/08 37 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services Telecommunications Services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service Telecommunications Service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops in accordance with this Agreement to provide xDSL services.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq as provided for in this Agreement. 41.3. Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an order for UNEs, CLEC certifies that these requirements are met. 41.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (may not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the exclusive provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops in accordance with this Agreement to provide xDSL services.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq as provided for in this Agreement. 41.3. Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an on order for UNEs, CLEC certifies that these requirements are met. 41.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 5352. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.3. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services.Services.‌ 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement to provide xDSL servicesAgreement.

USE OF UNBUNDLED NETWORK ELEMENTS. 41.1. 41.1 Embarq shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement.Agreement.‌ 41.2. 41.2 CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq provided UNEs with any and all facilities and services whether provided by Embarq, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq as provided for in this Agreement. 41.3. 41.3 Each UNE provided by Embarq to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq provides to itself, Embarq’s own subscribers, to an Embarq Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.4. 41.4 CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an order for UNEs, CLEC certifies that these requirements are met. 41.4.1. 41.5 Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility), or (c) high capacity loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 41.4.2. 41.6 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Embarq’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs.UNEs.‌ 41.4.3. 41.7 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. UNE NE- Rev. 09.05.07 37 41.8 CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops in accordance with this Agreement to provide xDSL services.Services.‌

USE OF UNBUNDLED NETWORK ELEMENTS. 41.140.1. Embarq Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. Embarq Sprint shall offer UNEs to CLEC on an unbundled basis on rates, terms and conditions that are just, reasonable, and non-discriminatory in accordance with the terms and conditions of this Agreement. 41.240.2. CLEC may use one or more UNEs to provide any feature, function, capability, or service option that such UNE(s) is (are) technically capable of providing, except as otherwise limited herein. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine Embarq Sprint provided UNEs with any and all facilities and services whether provided by EmbarqSprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from Embarq Sprint as provided for in this Agreement. 41.340.3. Each UNE provided by Embarq Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Embarq Sprint provides to itself, EmbarqSprint’s own subscribers, to an Embarq a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 41.440.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the conditions listed below. By placing an on order for UNEs, CLEC certifies that these requirements are met. 41.4.140.4.1. Any combination of the following, where both are provided by Embarq, are subject to the EEL use restrictions in Section 53. Such restrictions apply irrespective of the manner in which the loops and transport are combined (a) high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility); or (b) or Dedicated Transport, to the extent available, both of which are provided by Sprint are subject to the EEL use restrictions in section 52.5.4. Any combination of special access channel terminations (DS1, DS3) and Dedicated Transport (DS1, DS3), to the extent available (a commingled facility)available, or (c) high capacity loops (DS1, DS3) and Dedicated Transport with UNE dedicated transport (DS1, DS3), to the extent available, both of which are provided by Sprint is subject to the EEL use restrictions in section 52.5.4. 41.4.240.4.2. CLEC may not order or use access a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting EmbarqSprint’s network and CMRS a Mobile Wireless Service provider’s network do not qualify as UNEs and will not be available to CLEC as UNEs. 40.4.3. CLEC may not access a UNE for the exclusive provision of interexchange services. Unbundled loops ordered by CLEC into a third party collocation cannot be used by the third party collocator to provide retail interexchange services. Facilities connecting Sprint’s network and interexchange carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 41.4.340.4.4. CLEC may not order or use a UNE for the exclusive provision of Interexchange Services (i.e., interLATA or intraLATA long distance). Facilities connecting Embarq’s network and interexchange carriers’ networks used by the interexchange carrier to exclusively provide such services to end users do not qualify as UNEs and will not be available to CLEC as UNE 41.4.4. CLEC must use any UNE purchased from Embarq for the purpose of providing eligible telecommunications services (not exclusively Mobile Wireless Service or Interexchange Services). CLEC may use a UNE for the provision of Interexchange Services, Mobile Wireless Service, or Information Services, if CLEC is also providing an eligible telecommunications service over the same UNE. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for the exclusive provision of Mobile Wireless Service or Interexchange Services. 41.4.5. An Information Service is not an eligible telecommunications service except that CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement to provide xDSL servicesAgreement.