Common use of USE OF UNES Clause in Contracts

USE OF UNES. 69.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink will provide access to UNEs where technically feasible. 69.2 Subject to the terms and conditions of this Article, CLEC may order each such UNE individually or, to the extent permitted by Applicable Law, in Combination with other CenturyLink Network Elements or UNEs (Combinations) in order to permit CLEC to provide Telecommunications Services to its End Users. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from CenturyLink as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLink. 69.3 Non-impaired Wire Centers 69.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers which exceed the thresholds for DS1 and DS3 Loops, as described in this Article, are listed on CenturyLink’s website. 69.3.2 If CLEC has any DS1 and DS3 UNEs previously in service which CenturyLink is not required to unbundle by virtue of Tier 1 and Tier 2 Wire Center designations, or because the Wire Centers exceed the thresholds for DS1 Loops or DS3 Loops, as identified on CenturyLink’s website, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to backbilling 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 the service became non-impaired, whichever is shorter. If CLEC fails to promptly submit the necessary orders to convert and complete the transition of such UNEs to alternative service arrangements, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, CenturyLink will assess and CLEC agrees to pay an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 69.3.3 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s website that exceed the applicable FCC impairment thresholds as found within the terms of this Article, or if the Wire Centers previously designated as unimpaired change classifications based upon the thresholds found within this Article, then the following provisions shall be applicable; a. CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its website. b. 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. If any carrier has disputed a Wire Center designation and the dispute was resolved by the Commission, the Parties will abide by the Commission’s decision. c. 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 above notice date, (except for Dark Fiber UNES which shall be subject to the transition period specified in the following paragraph) 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 date of the notice identifying such new or reclassified Wire Centers. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the above notice date, CenturyLink will be entitled to convert the UNEs to comparable Access Services. CenturyLink will assess, and CLEC also agrees to pay, an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. d. 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 above notice date, and CLEC shall be subject to backbilling 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 above notice date. 69.4 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. 69.4.1 Any combination of the following, where both are provided by CenturyLink, are subject to the EEL use restrictions in this Agreement. Such restrictions apply irrespective of the manner in which the Local Loops and transport are combined. a. high capacity Local 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 Local Loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 69.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 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. 69.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long distance services. Facilities connecting CenturyLink’s network and Interexchange Carriers’ networks used by the Interexchange Carrier to provide such services to End Users do not qualify as UNEs and will not be available to CLEC as UNEs. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for Interexchange Services. 69.4.4 CLEC may not order or use a UNE for CLEC’s own use, administrative or otherwise. 69.4.5 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled Local Loops to provide xDSL services in accordance with this Agreement.

USE OF UNES. 69.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink will provide access to UNEs where technically feasible. 69.2 Subject to the terms and conditions of this Article, CLEC may order each such UNE individually or, to the extent permitted by Applicable Law, in Combination with other CenturyLink Network Elements or UNEs (Combinations) in order to permit CLEC to provide Telecommunications Services to its End Users. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from CenturyLink as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLink. 69.3 Non-impaired Wire Centers 69.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers which exceed the thresholds for DS1 and DS3 Loops, as described in this Article, are listed on CenturyLink’s website. 69.3.2 If CLEC has any DS1 and DS3 UNEs previously in service which CenturyLink is not required to unbundle by virtue of Tier 1 and Tier 2 Wire Center designations, or because the Wire Centers exceed the thresholds for DS1 Loops or DS3 Loops, as identified on CenturyLink’s website, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to backbilling 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 the service became non-impaired, whichever is shorter. If CLEC fails to promptly submit the necessary orders to convert and complete the transition of such UNEs to alternative service arrangements, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, CenturyLink will assess and CLEC agrees to pay an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 69.3.3 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s website that exceed the applicable FCC impairment thresholds as found within the terms of this Article, or if the Wire Centers previously designated as unimpaired change classifications based upon the thresholds found within this Article, then the following provisions shall be applicable; a. CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its website. b. 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. If any carrier has disputed a Wire Center designation and the dispute was resolved by the Commission, the Parties will abide by the Commission’s decision. c. 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 above notice date, (except for Dark Fiber UNES which shall be subject to the transition period specified in the following paragraph) 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 date of the notice identifying such new or reclassified Wire Centers. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the above notice date, CenturyLink will be entitled to convert the UNEs to comparable Access Services. CenturyLink will assess, and CLEC also agrees to pay, an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. d. 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 above notice date, and CLEC shall be subject to backbilling 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 above notice date. 69.4 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. 69.4.1 Any combination of the following, where both are provided by CenturyLink, are subject to the EEL use restrictions in this Agreement. Such restrictions apply irrespective of the manner in which the Local Loops and transport are combined. a. high capacity Local 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 Local Loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 69.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 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. 69.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long distance services. Facilities connecting CenturyLink’s network and Interexchange Carriers’ networks used by the Interexchange Carrier to provide such services to End Users do not qualify as UNEs and will not be available to CLEC as UNEs. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for Interexchange Services. 69.4.4 CLEC may not order or use a UNE for CLEC’s own use, administrative or otherwise. 69.4.5 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled Local Loops to provide xDSL services in accordance with this Agreement.Wire

USE OF UNES. 69.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink will provide access to UNEs where technically feasible. 69.2 Subject to the terms and conditions of this Article, CLEC may order each such UNE individually or, to the extent permitted by Applicable Law, in Combination with other CenturyLink Network Elements or UNEs (Combinations) in order to permit CLEC to provide Telecommunications Services to its End Users. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from CenturyLink as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLink. 69.3 Non-impaired Wire Centers 69.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers which exceed the thresholds for DS1 and DS3 Loops, as described in this Article, are listed on CenturyLink’s website. 69.3.2 If CLEC has any DS1 and DS3 UNEs previously in service which CenturyLink is not required to unbundle by virtue of Tier 1 and Tier 2 Wire Center designations, or because the Wire Centers exceed the thresholds for DS1 Loops or DS3 Loops, as identified on CenturyLink’s website, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to backbilling 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 the service became non-impaired, whichever is shorter. If CLEC fails to promptly submit the necessary orders to convert and complete the transition of such UNEs to alternative service arrangements, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, CenturyLink will assess and CLEC agrees to pay an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 69.3.3 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s website that exceed the applicable FCC impairment thresholds as found within the terms of this Article, or if the Wire Centers previously designated as unimpaired change classifications based upon the thresholds found within this Article, then the following provisions shall be applicable; a. CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its website. b. 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. If any carrier has disputed a Wire Center designation and the dispute was resolved by the Commission, the Parties will abide by the Commission’s decision. c. 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 above notice date, (except for Dark Fiber UNES which shall be subject to the transition period specified in the following paragraph) 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 date of the notice identifying such new or reclassified Wire Centers. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the above notice date, CenturyLink will be entitled to convert the UNEs to comparable Access Services. CenturyLink will assess, and CLEC XXXX also agrees to pay, an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. d. 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 above notice date, and CLEC shall be subject to backbilling 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 above notice date. 69.4 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. 69.4.1 Any combination of the following, where both are provided by CenturyLink, are subject to the EEL use restrictions in this Agreement. Such restrictions apply irrespective of the manner in which the Local Loops and transport are combined. a. high capacity Local 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 Local Loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 69.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 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. 69.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long distance services. Facilities connecting CenturyLink’s network and Interexchange Carriers’ networks used by the Interexchange Carrier to provide such services to End Users do not qualify as UNEs and will not be available to CLEC as UNEs. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for Interexchange Services. 69.4.4 CLEC may not order or use a UNE for CLEC’s own use, administrative or otherwise. 69.4.5 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled Local Loops to provide xDSL services in accordance with this Agreement.

USE OF UNES. 69.1 64.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink will provide access to UNEs where technically feasibleTechnically Feasible. 69.2 64.2 Subject to the terms and conditions of this Article, CLEC may order each such UNE individually or, to the extent permitted by Applicable Law, in Combination with other CenturyLink Network Elements or UNEs (Combinations) in order to permit CLEC to provide Telecommunications Services to its End Users. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Tariffed Access Services or Tariffed access services obtained from CenturyLink as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLink. 69.3 64.3 Non-impaired Wire CentersCenters and Related Processes 69.3.1 64.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers in which the number of Business Lines and Fiber-based Collocators exceed the thresholds for DS1 and DS3 Loops, as described in this ArticleSection 66.8 and Section 66.9, are listed on CenturyLink’s websiteWebsite (the Non- impaired Wire Centers). 69.3.2 64.3.2 CenturyLink shall not be required to provide and CLEC shall not order DS1 and DS3 UNE Loops within Non-impaired Wire Centers where the number of Business Lines and Fiber-based Collocators exceed the thresholds described in Section 66.8 and Section 66.9 or where the number of such UNE Loops would exceed the maximum quantities of such UNE Loops which are specified in those sections. 64.3.3 CenturyLink shall not be required to provide and CLEC shall not order DS1 and DS3 UNE Transport circuits between Wire Centers which do not satisfy the tier classifications which are described in Section 69.3 and Section 69.4 or where the number of such circuits would exceed the maximum quantities which are described in those sections. 64.3.4 If CLEC has any DS1 and DS3 Loops or Transport UNEs previously in service as of the Effective Date of this Agreement which CenturyLink is not required to unbundle by virtue of Tier 1 provide pursuant to Section 64.3.2 and Tier 2 Wire Center designationsSection 64.3.3 above, or because the Wire Centers if CLEC thereafter has any DS1 and DS3 Loops or Transport UNEs which exceed the thresholds maximum quantity allowed for DS1 Loops or DS3 Loops, as identified on CenturyLink’s websitesuch UNE services, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to backbilling 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 the service became non-impaired, whichever is shorter. If CLEC fails to promptly submit the necessary orders to convert and complete the transition of such UNEs to alternative service arrangements, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, CenturyLink will assess and CLEC agrees to pay an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 69.3.3 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s website that exceed the applicable FCC impairment thresholds as found within the terms of this Article, or if the Wire Centers previously designated as unimpaired change classifications based upon the thresholds found within this Article, then the following provisions shall be applicable; a. CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its website. b. 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. If any carrier has disputed a Wire Center designation and the dispute was resolved by the Commission, the Parties will abide by the Commission’s decision. c. 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 above notice date, (except for Dark Fiber UNES which shall be subject to the transition period specified in the following paragraph) 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 date of the notice identifying such new or reclassified Wire Centers. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the above notice date, CenturyLink will be entitled to convert the UNEs to comparable Access Services. CenturyLink will assess, and CLEC also agrees to pay, an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. d. 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 above notice date, and CLEC shall be subject to backbilling 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 above notice date. 69.4 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. 69.4.1 Any combination of the following, where both are provided by CenturyLink, are subject to the EEL use restrictions in this Agreement. Such restrictions apply irrespective of the manner in which the Local Loops and transport are combined. a. high capacity Local 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 Local Loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 69.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 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. 69.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long distance services. Facilities connecting CenturyLink’s network and Interexchange Carriers’ networks used by the Interexchange Carrier to provide such services to End Users do not qualify as UNEs and will not be available to CLEC as UNEs. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for Interexchange Services. 69.4.4 CLEC may not order or use a UNE for CLEC’s own use, administrative or otherwise. 69.4.5 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled Local Loops to provide xDSL services in accordance with this Agreement.UNE

USE OF UNES. 69.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink will provide access to UNEs where technically feasible. 69.2 Subject to the terms and conditions of this Article, CLEC may order each such UNE individually or, to the extent permitted by Applicable Law, in Combination with other CenturyLink Network Elements or UNEs (Combinations) in order to permit CLEC to provide Telecommunications Services to its End Users. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from CenturyLink as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLink. 69.3 Non-impaired Wire Centers 69.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers which exceed the thresholds for DS1 and DS3 Loops, as described in this Article, are listed on CenturyLink’s website. 69.3.2 If CLEC has any DS1 and DS3 UNEs previously in service which CenturyLink is not required to unbundle by virtue of Tier 1 and Tier 2 Wire Center designations, or because the Wire Centers exceed the thresholds for DS1 Loops or DS3 Loops, as identified on CenturyLink’s website, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to backbilling 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 the service became non-impaired, whichever is shorter. If CLEC fails to promptly submit the necessary orders to convert and complete the transition of such UNEs to alternative service arrangements, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, CenturyLink will assess and CLEC agrees to pay an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 69.3.3 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s website that exceed the applicable FCC impairment thresholds as found within the terms of this Article, or if the Wire Centers previously designated as unimpaired change classifications based upon the thresholds found within this Article, then the following provisions shall be applicable; a. CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its website. b. 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. If any carrier has disputed a Wire Center designation and the dispute was resolved by the Commission, the Parties will abide by the Commission’s decision. c. 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 above notice date, (except for Dark Fiber UNES which shall be subject to the transition period specified in the following paragraph) 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 date of the notice identifying such new or reclassified Wire Centers. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the above notice date, CenturyLink will be entitled to convert the UNEs to comparable Access Services. CenturyLink will assess, and CLEC also agrees to pay, an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. d. 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 above notice date, and CLEC shall be subject to backbilling 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 above notice date. 69.4 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. 69.4.1 Any combination of the following, where both are provided by CenturyLink, are subject to the EEL use restrictions in this Agreement. Such restrictions apply irrespective of the manner in which the Local Loops and transport are combined. a. high capacity Local 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 Local Loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 69.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 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. 69.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long distance services. Facilities connecting CenturyLink’s network and Interexchange Carriers’ networks used by the Interexchange Carrier to provide such services to End Users do not qualify as UNEs and will not be available to CLEC as UNEs. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for Interexchange Services. 69.4.4 CLEC may not order or use a UNE for CLEC’s own use, administrative or otherwise. 69.4.5 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled Local Loops to provide xDSL services in accordance with this Agreement.

USE OF UNES. 69.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink will provide access to UNEs where technically feasibleTechnically Feasible. 69.2 Subject to the terms and conditions of this Article, CLEC may order each such UNE individually or, to the extent permitted by Applicable Law, in Combination with other CenturyLink Network Elements or UNEs (Combinations) in order to permit CLEC to provide Telecommunications Services to its End Users. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services Access Services obtained from CenturyLink as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLink. 69.3 Non-impaired Wire CentersCenters and Related Processes 69.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers in which the number of Business Lines and Fiber-based Collocators exceed the thresholds for DS1 and DS3 Loops, as described in this ArticleSection 72.8 and Section 72.9, are listed on CenturyLink’s websiteWebsite (the Non- impaired Wire Centers). 69.3.2 Restrictions on DS1 and DS3 UNE Loops. CenturyLink shall not be required to provide and CLEC shall not order DS1 and DS3 UNE Loops within Non-impaired Wire Centers where the number of Business Lines and Fiber-based Collocators exceed the thresholds described in Section 72.8 and Section 72.9 or where the number of such UNE Loops would exceed the maximum quantities of such UNE Loops which are specified in those sections. 69.3.3 Restrictions of DS1 and DS3 Transport. CenturyLink shall not be required to provide and CLEC shall not order DS1 and DS3 UNE Transport circuits between Wire Centers which do not satisfy the tier classifications which are described in Section 76.3 and Section 76.4 or where the number of such circuits would exceed the maximum quantities which are described in those sections. 69.3.4 If CLEC has any DS1 and DS3 Loops or Transport UNEs previously in service as of the Effective Date of this Agreement which CenturyLink is not required to unbundle by virtue of Tier 1 provide pursuant to Section 69.3.2 and Tier 2 Wire Center designationsSection 69.3.3 above, or because the Wire Centers if CLEC thereafter has any DS1 and DS3 Loops or Transport UNEs which exceed the thresholds maximum quantity allowed for DS1 Loops or DS3 Loops, as identified on CenturyLink’s websitesuch UNE services, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to backbilling back billing for the difference between the UNE rate and the rates for the comparable access service arrangements Access Service arrangements. Such back billing shall cover a period back to either the date the UNE service was installed or the date the service became non-impaired, whichever is shorter, or if the UNE service exceed the maximum quantity allowed for such UNE service, the period shall extend back to the date on which the UNE service was installed. If CLEC fails to promptly submit the necessary orders to convert and complete the transition of such UNEs to alternative service arrangementsarrangements within thirty (30) Days of the Effective Date of this Agreement or notice by CenturyLink, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, CenturyLink will and to assess and CLEC agrees to pay an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 69.3.3 69.3.5 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s website Website that exceed the applicable FCC impairment thresholds as found within the terms of this Article, or if the Wire Centers previously designated as unimpaired non impaired change classifications based upon the thresholds found within this Articleapplicable FCC impairment thresholds, then the following provisions shall be applicable; a. CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its websiteWebsite (the Non- impairment Notice Date). b. CLEC will not order new DS1, DS3 and Dark Fiber UNE Loops/Loops or Transport UNEs for the newly identified or reclassified Wire Centers beginning thirty (30) Days after the date of the notice. If any carrier has disputed a Wire Center designation and notice (the dispute was resolved by the Commission, the Parties will abide by the Commission’s decisionNon-impairment Effective Date). c. 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 (f) 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 (f) below that CLEC is not entitled to order high-capacity Loops or Transport in such Wire Center. d. Except as provided in (f) 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 above notice date, Non- impairment Notice Date (except for Dark Fiber UNES which shall be subject to the transition period specified in the following paragraph) 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 date of the notice identifying such new or reclassified Wire CentersNon-impairment Notice Date. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the above notice dateNon-impairment Notice Date, CenturyLink will be entitled to convert the UNEs to comparable Access Services. CenturyLink will assess, Services and CLEC also agrees to pay, assess an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. d. e. Except as provided in (f) 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 above notice dateNon-impairment Notice Date, and CLEC shall be subject to backbilling 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 Dedicated Transport rate available under CenturyLink’s tariffsTariffs. 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 Dark Fiber six (6) months after the above notice dateNon-impairment Notice Date. 69.4 f. If CLEC may use Network Elements provided under 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 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, the Wire Center does not meet the non-impairment thresholds. CLEC shall provide a blanket certification letter or other mutually agreed upon form to document its compliance with such diligent inquiry, and CLEC will maintain appropriate records that document what information CLEC relied upon to support its self- certification. If CLEC does not convert existing high- capacity Loop or Transport UNEs or if CLEC submits orders for high-capacity Loops 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 this Agreement for any Telecommunications Service subject to that the conditions listed below. By placing an order for UNEs, CLEC certifies that these requirements are met. 69.4.1 Any combination of the following, where both are provided Wire Centers were properly identified or reclassified by CenturyLink, are subject to the EEL use restrictions in this Agreement. Such restrictions apply irrespective of the manner in which the Local Loops and transport are combined. a. high capacity Local 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 Local Loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 69.4.2 then CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 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. 69.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long distance services. Facilities connecting CenturyLink’s network and Interexchange Carriers’ networks used by the Interexchange Carrier to provide such services to End Users do not qualify as UNEs and will not be available to CLEC as UNEs. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for Interexchange Services. 69.4.4 CLEC may not order or use a UNE for CLEC’s own use, administrative or otherwise. 69.4.5 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled Local Loops to provide xDSL services in accordance with this Agreement.shall have thirty

USE OF UNES. 69.1 64.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink will provide access to UNEs where technically feasibleTechnically Feasible. 69.2 64.2 Subject to the terms and conditions of this Article, CLEC may order each such UNE individually or, to the extent permitted by Applicable Law, in Combination with other CenturyLink Network Elements or UNEs (Combinations) in order to permit CLEC to provide Telecommunications Services to its End Users. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Tariffed Access Services or Tariffed access services obtained from CenturyLink as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLink. 69.3 64.3 Non-impaired Wire CentersCenters and Related Processes 69.3.1 64.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers in which the number of Business Lines and Fiber-based Collocators exceed the thresholds for DS1 and DS3 Loops, as described in this ArticleSection 66.8 and Section 66.9, are listed on CenturyLink’s websiteWebsite (the Non- impaired Wire Centers). 69.3.2 64.3.2 CenturyLink shall not be required to provide and CLEC shall not order DS1 and DS3 UNE Loops within Non-impaired Wire Centers where the number of Business Lines and Fiber-based Collocators exceed the thresholds described in Section 66.8 and Section 66.9 or where the number of such UNE Loops would exceed the maximum quantities of such UNE Loops which are specified in those sections. 64.3.3 CenturyLink shall not be required to provide and CLEC shall not order DS1 and DS3 UNE Transport circuits between Wire Centers which do not satisfy the tier classifications which are described in Section 69.3 and Section 69.4 or where the number of such circuits would exceed the maximum quantities which are described in those sections. 64.3.4 If CLEC has any DS1 and DS3 Loops or Transport UNEs previously in service as of the Effective Date of this Agreement which CenturyLink is not required to unbundle by virtue of Tier 1 provide pursuant to Section 64.3.2 and Tier 2 Wire Center designationsSection 64.3.3 above, or because the Wire Centers if CLEC thereafter has any DS1 and DS3 Loops or Transport UNEs which exceed the thresholds maximum quantity allowed for DS1 Loops or DS3 Loops, as identified on CenturyLink’s websitesuch UNE services, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to backbilling back billing for the difference between the UNE rate and the rates for the comparable access service arrangements Access Service arrangements. Such back billing shall cover a period back to either the date the UNE service was installed or the date the service became non-impaired, whichever is shorter, or if the UNE service exceeds the maximum quantity allowed for such UNE service, the period shall extend back to the date on which the UNE service was installed. If CLEC fails to promptly submit the necessary orders to convert and complete the transition of such UNEs to alternative service arrangementsarrangements within thirty (30) Days of the Effective Date of this Agreement or notice by CenturyLink, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, CenturyLink will and to assess and CLEC agrees to pay an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 69.3.3 64.3.5 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s website Website that exceed the applicable FCC impairment thresholds as found within the terms of this Article, or if the Wire Centers previously designated as unimpaired non impaired change classifications based upon the thresholds found within this Articleapplicable FCC impairment thresholds, then the following provisions shall be applicable; a. CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its websiteWebsite (the Non- impairment Notice Date). b. CLEC will not order new DS1, DS3 and Dark Fiber UNE Loops/Loops or Transport UNEs for the newly identified or reclassified Wire Centers beginning thirty (30) Days after the date of the notice. If any carrier has disputed a Wire Center designation and notice (the dispute was resolved by the Commission, the Parties will abide by the Commission’s decisionNon-impairment Effective Date). c. 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 (f) 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 (f) below that CLEC is not entitled to order high-capacity Loops or Transport in such Wire Center. d. Except as provided in (f) 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 above notice date, Non- impairment Notice Date (except for Dark Fiber UNES which shall be subject to the transition period specified in the following paragraph) 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 date of the notice identifying such new or reclassified Wire CentersNon-impairment Notice Date. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the above notice date, CenturyLink will be entitled to convert the UNEs to comparable Access Services. CenturyLink will assess, and CLEC also agrees to pay, an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. d. 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 above notice date, and CLEC shall be subject to backbilling 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 above notice date. 69.4 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. 69.4.1 Any combination of the following, where both are provided by CenturyLink, are subject to the EEL use restrictions in this Agreement. Such restrictions apply irrespective of the manner in which the Local Loops and transport are combined. a. high capacity Local 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 Local Loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 69.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 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. 69.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long distance services. Facilities connecting CenturyLink’s network and Interexchange Carriers’ networks used by the Interexchange Carrier to provide such services to End Users do not qualify as UNEs and will not be available to CLEC as UNEs. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for Interexchange Services. 69.4.4 CLEC may not order or use a UNE for CLEC’s own use, administrative or otherwise. 69.4.5 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled Local Loops to provide xDSL services in accordance with this Agreement.of

USE OF UNES. 69.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink will provide access to UNEs where technically feasible. 69.2 Subject to the terms and conditions of this Article, CLEC may order each such UNE individually or, to the extent permitted by Applicable Law, in Combination with other CenturyLink Network Elements or UNEs (Combinations) in order to permit CLEC to provide Telecommunications Services to its End Users. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services obtained from CenturyLink as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLink. 69.3 Non-impaired Wire Centers 69.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers which exceed the thresholds for DS1 and DS3 Loops, as described in this Article, are listed on CenturyLink’s website. 69.3.2 If CLEC has any DS1 and DS3 UNEs previously in service which CenturyLink is not required to unbundle by virtue of Tier 1 and Tier 2 Wire Center designations, or because the Wire Centers exceed the thresholds for DS1 Loops or DS3 Loops, as identified on CenturyLink’s website, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to backbilling 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 the service became non-impaired, whichever is shorter. If CLEC fails to promptly submit the necessary orders to convert and complete the transition of such UNEs to alternative service arrangements, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, CenturyLink will assess and CLEC agrees to pay an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 69.3.3 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s website that exceed the applicable FCC impairment thresholds as found within the terms of this Article, or if the Wire Centers previously designated as unimpaired change classifications based upon the thresholds found within this Article, then the following provisions shall be applicable; a. CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its website. b. 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. If any carrier has disputed a Wire Center designation and the dispute was resolved by the Commission, the Parties will abide by the Commission’s decision. c. 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 above notice date, (except for Dark Fiber UNES which shall be subject to the transition period specified in the following paragraph) 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 date of the notice identifying such new or reclassified Wire Centers. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the above notice date, CenturyLink will be entitled to convert the UNEs to comparable Access Services. CenturyLink will assess, and CLEC also agrees to pay, an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. d. 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 above notice date, and CLEC shall be subject to backbilling 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-non- impaired Dark Fiber UNEs, CenturyLink may disconnect such dark fiber six (6) months after the above notice date. 69.4 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. 69.4.1 Any combination of the following, where both are provided by CenturyLink, are subject to the EEL use restrictions in this Agreement. Such restrictions apply irrespective of the manner in which the Local Loops and transport are combined. a. high capacity Local 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 Local Loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 69.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 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. 69.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long distance services. Facilities connecting CenturyLink’s network and Interexchange Carriers’ networks used by the Interexchange Carrier to provide such services to End Users do not qualify as UNEs and will not be available to CLEC as UNEs. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for Interexchange Services. 69.4.4 CLEC may not order or use a UNE for CLEC’s own use, administrative or otherwise. 69.4.5 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled Local Loops to provide xDSL services in accordance with this Agreement.

USE OF UNES. 69.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink will provide access to UNEs where technically feasibleTechnically Feasible. 69.2 Subject to the terms and conditions of this Article, CLEC may order each such UNE individually or, to the extent permitted by Applicable Law, in Combination with other CenturyLink Network Elements or UNEs (Combinations) in order to permit CLEC to provide Telecommunications Services to its End Users. Except as provided elsewhere in this Agreement, it is CLEC’s obligation to combine CenturyLink provided UNEs with any and all facilities and services whether provided by CenturyLink, CLEC, or any other party. CLEC may Commingle UNEs with Wholesale Services or Tariffed access services Access Services obtained from CenturyLink as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLink. 69.3 Non-impaired Wire CentersCenters and Related Processes 69.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and those Wire Centers in which the number of Business Lines and Fiber-based Collocators exceed the thresholds for DS1 and DS3 Loops, as described in this ArticleSection 72.8 and Section 72.9, are listed on CenturyLink’s websiteWebsite (the “Non- impaired Wire Centers”). 69.3.2 If CLEC has any Restrictions on DS1 and DS3 UNEs previously in service which UNE Loops. CenturyLink is shall not be required to unbundle by virtue of Tier 1 provide and Tier 2 Wire Center designations, or because the CLEC shall not order DS1 and DS3 UNE Loops within Non-impaired Wire Centers where the number of Business Lines and Fiber-based Collocators exceed the thresholds for DS1 Loops described in Section 72.8 and Section 72.9 or DS3 Loops, as identified on CenturyLink’s website, such UNEs must be immediately converted to an alternative service arrangement, and CLEC is subject to backbilling for where 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 the service became non-impaired, whichever is shorter. If CLEC fails to promptly submit the necessary orders to convert and complete the transition number of such UNEs to alternative service arrangements, CenturyLink will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, CenturyLink will assess and CLEC agrees to pay an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 69.3.3 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s website that UNE Loops would exceed the applicable FCC impairment thresholds as found within the terms of this Article, or if the Wire Centers previously designated as unimpaired change classifications based upon the thresholds found within this Article, then the following provisions shall be applicable; a. CenturyLink will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its website. b. 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. If any carrier has disputed a Wire Center designation and the dispute was resolved by the Commission, the Parties will abide by the Commission’s decision. c. 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 maximum quantities of such Wire Centers to an alternative service arrangement within sixty (60) Days of the above notice date, (except for Dark Fiber UNES UNE Loops which shall be subject to the transition period are specified in the following paragraph) 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 date of the notice identifying such new or reclassified Wire Centers. If CLEC fails to submit the necessary orders before the end of sixty (60) Days from the above notice date, CenturyLink will be entitled to convert the UNEs to comparable Access Services. CenturyLink will assess, and CLEC also agrees to pay, an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLECthose sections. d. 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 above notice date, and CLEC shall be subject to backbilling 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 above notice date. 69.4 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. 69.4.1 Any combination of the following, where both are provided by CenturyLink, are subject to the EEL use restrictions in this Agreement. Such restrictions apply irrespective of the manner in which the Local Loops and transport are combined. a. high capacity Local 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 Local Loops (DS1, DS3) and Dedicated Transport (DS1, DS3). 69.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting CenturyLink’s network and CMRS carriers’ networks do not qualify as UNEs and will not be available to CLEC as UNEs. 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. 69.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long distance services. Facilities connecting CenturyLink’s network and Interexchange Carriers’ networks used by the Interexchange Carrier to provide such services to End Users do not qualify as UNEs and will not be available to CLEC as UNEs. CLEC may not order or use a UNE for the sole purpose of selling it to another carrier for Interexchange Services. 69.4.4 CLEC may not order or use a UNE for CLEC’s own use, administrative or otherwise. 69.4.5 An Information Service is not an eligible telecommunications service except that CLEC can use unbundled Local Loops to provide xDSL services in accordance with this Agreement.