Common use of USE OF UNBUNDLED NETWORK ELEMENTS Clause in Contracts

USE OF UNBUNDLED NETWORK ELEMENTS. 40.1. Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. 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. 40.2. 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 Sprint provided UNEs with any and all facilities and services whether provided by Sprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or tariff services obtained from Sprint as provided for in this Agreement. 40.3. Each UNE provided by Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 40.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the restrictions listed below. 40.4.1. Facilities connecting Sprint’s network and CMRS carriers’ networks do not qualify as Unbundled Network Elements and will not be available to CLEC as Unbundled Network Elements. 40.4.2. CLEC can use Network Elements provided by Sprint to provide Local Exchange Service. 40.4.3. Unbundled loops ordered by CLEC into a third party collocation cannot be used by the third party collocator to provide retail interexchange services. 40.4.4. CLEC can use unbundled loops to provide Exchange Access to Interexchange Carriers where the unbundled loop terminates to a 251(c)(6) collocation and CLEC has self-provided transport to that collocation. CLEC can qualify as self-providing transport by leasing transport from a third party. 40.4.5. CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement. 40.4.6. CLEC can use Network Elements provided by Sprint for an information service only to the extent the same Network Elements are also used to provide a telecommunications service.

USE OF UNBUNDLED NETWORK ELEMENTS. 40.1. Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. 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. 40.2. 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 Sprint provided UNEs with any and all facilities and services whether provided by Sprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or tariff tariffed access services obtained from Sprint as provided for in this Agreement. 40.3. Each UNE provided by Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 40.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the restrictions listed below. CLEC will provide self-certification, at the time of ordering, that these requirements are met for each UNE ordered. 40.4.1. Any combination of high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility) or Dedicated Transport, to the extent available, 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 and transport are combined. 40.4.2. CLEC may not access a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Sprint’s network and CMRS carriers’ networks a Mobile Wireless Service provider’s network do not qualify as Unbundled Network Elements UNEs and will not be available to CLEC as Unbundled Network ElementsUNEs. 40.4.240.4.3. 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. 40.4.340.4.4. 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. 40.4.4. CLEC can use unbundled loops to provide Exchange Access to Interexchange Carriers where the unbundled loop terminates to a 251(c)(6) collocation Facilities connecting Sprint’s network and CLEC has self-provided transport to that collocation. CLEC can interexchange carriers’ networks do not qualify as self-providing transport by leasing transport from a third party.UNEs and will not be available to CLEC as UNEs 40.4.5. CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement. 40.4.6. CLEC can use Network Elements provided by Sprint for an information service only to the extent the same Network Elements are also used to provide a telecommunications service.

USE OF UNBUNDLED NETWORK ELEMENTS. 40.1. Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. 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. 40.2. 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 Sprint provided UNEs with any and all facilities and services whether provided by Sprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or tariff tariffed access services obtained from Sprint as provided for in this Agreement. 40.3. Each UNE provided by Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 40.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the restrictions listed below. CLEC will provide self-certification, at the time of ordering, that these requirements are met for each UNE ordered. 40.4.1. Any combination of high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility) or Dedicated Transport, to the extent available, 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 and transport are combined. 40.4.2. CLEC may not access a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Sprint’s network and CMRS carriers’ networks a Mobile Wireless Service provider’s network do not qualify as Unbundled Network Elements UNEs and will not be available to CLEC as Unbundled Network Elements. 40.4.2. CLEC can use Network Elements provided by Sprint to provide Local Exchange ServiceUNEs. 40.4.3. CLEC must use any UNE purchased from Sprint for the purpose of providing local exchange services. CLEC may use a UNE for the provision of interexchange or information services if CLEC is also providing local exchange services over the same UNE. Local exchange services include both local switched and local private line services. 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. 40.4.4. CLEC can use unbundled loops to provide Exchange Access to Interexchange Carriers where the unbundled loop terminates to a 251(c)(6) collocation Facilities connecting Sprint’s network and CLEC has self-provided transport to that collocation. CLEC can interexchange carriers’ networks do not qualify as self-providing transport by leasing transport from a third party.UNEs and will not be available to CLEC as UNEs 40.4.5. CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement. 40.4.6. CLEC can use Network Elements provided by Sprint for an information service only to the extent the same Network Elements are also used to provide a telecommunications service.

USE OF UNBUNDLED NETWORK ELEMENTS. 40.1. Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. 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. 40.2. 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 Sprint provided UNEs with any and all facilities and services whether provided by Sprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or tariff services obtained from Sprint as provided for in this Agreement.. CLEC may connect UNEs purchased from Sprint with other providers’ facilities or services that CLEC leases in order to provide services to end users. The methods of connecting separate carrier facilities are covered in subsequent sections of this agreement 40.3. Each UNE provided by Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 40.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the restrictions listed below. 40.4.1. Facilities connecting Sprint’s network and CMRS carriers’ networks do not qualify as Unbundled Network Elements and will not be available to CLEC as Unbundled Network Elements. 40.4.2. CLEC can use Network Elements provided by Sprint to provide Local Exchange Service. 40.4.3. Unbundled loops ordered by CLEC into a third party collocation cannot be used by the third party collocator to provide retail interexchange services. 40.4.4. CLEC can use unbundled loops to provide Exchange Access to Interexchange Carriers where the unbundled loop terminates to a 251(c)(6) collocation and CLEC has self-provided transport to that collocation. CLEC can qualify as self-providing transport by leasing transport from a third party. 40.4.5. CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement. 40.4.6. CLEC can use Network Elements provided by Sprint for an information service only to the extent the same Network Elements are also used to provide a telecommunications service.

USE OF UNBUNDLED NETWORK ELEMENTS. 40.1. Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. 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. 40.2. 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 Sprint provided UNEs with any and all facilities and services whether provided by Sprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or tariff tariffed access services obtained from Sprint as provided for in this Agreement. 40.3. Each UNE provided by Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 40.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the restrictions listed below. CLEC will provide self-certification, at the time of ordering, that these requirements are met for each UNE ordered. 40.4.1. Any combination of high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility) or Dedicated Transport, to the extent available, 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 and transport are combined. 40.4.2. CLEC may not access a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Sprint’s network and a CMRS carriers’ networks do not qualify as Unbundled Network Elements UNEs and will not be available to CLEC as Unbundled Network ElementsUNEs. 40.4.240.4.3. 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. 40.4.340.4.4. 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. 40.4.4. CLEC can use unbundled loops to provide Exchange Access to Interexchange Carriers where the unbundled loop terminates to a 251(c)(6) collocation Facilities connecting Sprint’s network and CLEC has self-provided transport to that collocation. CLEC can interexchange carriers’ networks do not qualify as self-providing transport by leasing transport from a third party.UNEs and will not be available to CLEC as UNEs 40.4.5. CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement. 40.4.6. CLEC can use Network Elements provided by Sprint for an information service only to the extent the same Network Elements are also used to provide a telecommunications service.

USE OF UNBUNDLED NETWORK ELEMENTS. 40.1. Sprint shall offer UNEs to CLEC for the purpose of offering Telecommunications Service to CLEC subscribers. 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. 40.2. 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 Sprint provided UNEs with any and all facilities and services whether provided by Sprint, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or tariff tariffed access services obtained from Sprint as provided for in this Agreement. 40.3. Each UNE provided by Sprint to CLEC shall be at Parity with the quality of design, performance, features, functions, capabilities and other characteristics, that Sprint provides to itself, Sprint’s own subscribers, to a Sprint Affiliate or to any other Telecommunications Carrier requesting access to that UNE. 40.4. CLEC may use Network Elements provided under this Agreement for any Telecommunications Service subject to the restrictions listed below. CLEC will provide self-certification, at the time of ordering, that these requirements are met for each UNE ordered. 40.4.1. Any combination of high capacity loops (DS1, DS3), to the extent available, and special access transport (a commingled facility) or Dedicated Transport, to the extent available, both of which are provided by Sprint is subject to the EEL use restrictions in section 52.4.3. Such restrictions apply irrespective of the manner in which the loops and transport are combined. 40.4.2. CLEC may not access a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Sprint’s network and CMRS carriers’ networks a Mobile Wireless Service provider’s network do not qualify as Unbundled Network Elements UNEs and will not be available to CLEC as Unbundled Network ElementsUNEs. 40.4.240.4.3. 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. 40.4.340.4.4. 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. 40.4.4. CLEC can use unbundled loops to provide Exchange Access to Interexchange Carriers where the unbundled loop terminates to a 251(c)(6) collocation Facilities connecting Sprint’s network and CLEC has self-provided transport to that collocation. CLEC can interexchange carriers’ networks do not qualify as self-providing transport by leasing transport from a third party.UNEs and will not be available to CLEC as UNEs 40.4.5. CLEC can use unbundled loops to provide xDSL services in accordance with this Agreement. 40.4.6. CLEC can use Network Elements provided by Sprint for an information service only to the extent the same Network Elements are also used to provide a telecommunications service.