Common use of USE OF UNES Clause in Contracts

USE OF UNES. 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 Feasible. 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 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. 64.3 Non-impaired Wire Centers and Related Processes 64.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and Wire Centers in which the number of Business Lines and Fiber-based Collocators exceed the thresholds for DS1 and DS3 Loops, as described in Section 66.8 and Section 66.9, are listed on CenturyLink’s Website (the Non- impaired Wire Centers). 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 in service as of the Effective Date of this Agreement which CenturyLink is not required to provide pursuant to Section 64.3.2 and Section 64.3.3 above, or if CLEC thereafter has any DS1 and DS3 Loops or Transport UNEs which exceed the maximum quantity allowed for such UNE services, 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. 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 submit the necessary orders to convert such UNEs to alternative service arrangements 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, and to assess an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 64.3.5 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s Website that exceed the applicable FCC impairment thresholds or if the Wire Centers previously designated as non impaired change classifications based upon the applicable 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 Website (the Non- impairment Notice Date). b. CLEC will not order new DS1, DS3 and Dark Fiber Loops or Transport UNEs for the newly identified or reclassified Wire Centers beginning thirty (30) Days after the date of the notice (the Non-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 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 Non-impairment Notice Date. If CLEC fails to submit the necessary orders before the end of

USE OF UNES. ‌ 64.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink Brightspeed will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink Brightspeed will provide access to UNEs where Technically Feasible. 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 Brightspeed 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 Brightspeed provided UNEs with any and all facilities and services whether provided by CenturyLinkBrightspeed, CLEC, or any other party. CLEC may Commingle UNEs with Tariffed Access Services obtained from CenturyLink Brightspeed as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLinkBrightspeed. 64.3 Non-impaired Wire Centers and Related Processes 64.3.1 Wire Centers that have been identified by CenturyLink Brightspeed as Tier 1 and Tier 2 Wire Centers and Wire Centers in which the number of Business Lines and Fiber-Fiber- based Collocators exceed the thresholds for DS1 and DS3 Loops, as described in Section 66.8 and Section 66.9, are listed on CenturyLink’s Website 66.9 (the Non- Non-impaired Wire Centers). 64.3.2 CenturyLink Brightspeed 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 Brightspeed 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 in service as of the Effective Date of this Agreement which CenturyLink Brightspeed is not required to provide pursuant to Section 64.3.2 and Section 64.3.3 above, or if CLEC thereafter has any DS1 and DS3 Loops or Transport UNEs which exceed the maximum quantity allowed for such UNE services, 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. 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 submit the necessary orders to convert such UNEs to alternative service arrangements within thirty (30) Days of the Effective Date of this Agreement or notice by CenturyLinkBrightspeed, CenturyLink Brightspeed will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, and to assess an appropriate non-recurring charge per circuit for the work performed by CenturyLink Brightspeed on behalf of CLEC. 64.3.5 If CenturyLink Brightspeed identifies Wire Centers in addition to those currently listed on CenturyLink’s Website that exceed are subject to the applicable FCC impairment thresholds thresholds, or if the Wire Centers previously designated as non non-impaired change classifications based upon the applicable FCC impairment thresholds, then the following provisions shall be applicable; a. CenturyLink Brightspeed will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its Website (the Non- impairment Notice Date)Agreement. b. CLEC will not order new DS1, DS3 and Dark Fiber Loops or Transport UNEs for the newly identified or reclassified Wire Centers beginning thirty (30) Days after the date of the notice (the Non-impairment Effective Date). c. If CLEC does not agree with the non-impairment designation for a newly identified or reclassified Wire Center, 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 Brightspeed 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 Brightspeed 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 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 Non-impairment Notice Date. If CLEC fails to submit the necessary orders before the end ofof sixty (60) Days from the Non-impairment Notice Date, Brightspeed will be entitled to convert the UNEs to comparable Access Services and to assess an appropriate non-recurring charge per circuit for the work performed by Brightspeed on behalf of CLEC. e. Except as provided in (f) below, CLEC must begin negotiations to disconnect or convert to an alternative service any Dark Fiber UNEs which Brightspeed 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 Brightspeed’s Tariffs. Should the Parties not come to agreement on a transition plan to convert such non-impaired Dark Fiber UNEs, Brightspeed may disconnect such Dark Fiber six (6) months after the Non-impairment Notice Date. f. 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 Non-impairment Notice Date to provide a self-certification to Brightspeed 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 that the Wire Centers were properly identified or reclassified by Brightspeed, then CLEC shall have thirty (30) Days from the date of such determination to submit the necessary orders to convert any UNEs which Brightspeed 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 (e) above) and shall be subject to backbilling in the same manner as provided in Section 64.3.4 and Section 64.3.5 above, as the case may be. 64.3.6 If the number of DSI or DS3 UNE Loops serving a single building exceed the applicable maximum quantities of such UNEs specified in Sections 66.8 and 66.9, or if the number of DS1 or DS3 UNE Transport circuits on a route exceed the applicable maximum quantities of such UNEs specified in Sections 69.3 and 69.4, then CLEC will not order new UNE Loops or UNE Transport for the buildings or routes, as the case may be, and CLEC must immediately submit the necessary orders to disconnect or convert a sufficient number of such UNEs to conform to the maximum quantities of such UNEs allowed pursuant to such paragraphs. CLEC is subject to back billing for the difference between the UNE rate and the rates for the comparable access service arrangements on any UNEs which exceed such maximum quantities back to the date on which the applicable number of UNEs exceeded such maximums. If CLEC fails to submit the necessary orders, then upon thirty (30) days advance written notice, Brightspeed will be entitled to convert the excess UNEs to comparable Access Services and to assess a non-recurring charge per circuit for the work performed by Brightspeed on behalf of CLEC.

USE OF UNES. 64.1 Nondiscriminatory Access to UNEs. To the extent required by Applicable Law, CenturyLink Brightspeed will provide CLEC with nondiscriminatory access to the UNEs made available in accordance with the terms and conditions of this Agreement. CenturyLink Brightspeed will provide access to UNEs where Technically Feasible. 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 Brightspeed 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 's obligation to combine CenturyLink Brightspeed provided UNEs with any and all facilities and services whether provided by CenturyLinkBrightspeed, CLEC, or any other party. CLEC may Commingle UNEs with Tariffed Access Services obtained from CenturyLink Brightspeed as provided for in this Agreement. UNEs provided to CLEC under the provisions of this Agreement remain the property of CenturyLinkBrightspeed. 64.3 Non-impaired Wire Centers and Related Processes 64.3.1 Wire Centers that have been identified by CenturyLink Brightspeed as Tier 1 and Tier 2 Wire Centers and Wire Centers in which the number of Business Lines and Fiber-Fiber- based Collocators exceed the thresholds for DS1 and DS3 Loops, as described in Section 66.8 and Section 66.9, are listed on CenturyLink’s Website 66.9 (the Non- Non-impaired Wire Centers). 64.3.2 CenturyLink Brightspeed 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 Brightspeed 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 in service as of the Effective Date of this Agreement which CenturyLink Brightspeed is not required to provide pursuant to Section 64.3.2 and Section 64.3.3 above, or if CLEC thereafter has any DS1 and DS3 Loops or Transport UNEs which exceed the maximum quantity allowed for such UNE services, 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. 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 submit the necessary orders to convert such UNEs to alternative service arrangements within thirty (30) Days of the Effective Date of this Agreement or notice by CenturyLinkBrightspeed, CenturyLink Brightspeed will be entitled to convert the UNEs to comparable Access Services at applicable monthly services rates, and to assess an appropriate non-recurring charge per circuit for the work performed by CenturyLink Brightspeed on behalf of CLEC. 64.3.5 If CenturyLink Brightspeed identifies Wire Centers in addition to those currently listed on CenturyLink’s Website that exceed are subject to the applicable FCC impairment thresholds thresholds, or if the Wire Centers previously designated as non non-impaired change classifications based upon the applicable FCC impairment thresholds, then the following provisions shall be applicable; a. CenturyLink Brightspeed will provide CLEC notice in accordance with the notice provisions of this Agreement and CenturyLink will also post such information on its Website (the Non- impairment Notice Date)Agreement. b. CLEC will not order new DS1, DS3 and Dark Fiber Loops or Transport UNEs for the newly identified or reclassified Wire Centers beginning thirty (30) Days after the date of the notice (the Non-impairment Effective Date). c. If CLEC does not agree with the non-impairment designation for a newly identified or reclassified Wire Center, 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 Brightspeed 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 Brightspeed 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 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 Non-impairment Notice Date. If CLEC fails to submit the necessary orders before the end ofof sixty (60) Days from the Non-impairment Notice Date, Brightspeed will be entitled to convert the UNEs to comparable Access Services and to assess an appropriate non-recurring charge per circuit for the work performed by Brightspeed on behalf of CLEC. e. Except as provided in (f) below, CLEC must begin negotiations to disconnect or convert to an alternative service any Dark Fiber UNEs which Brightspeed 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 Brightspeed's Tariffs. Should the Parties not come to agreement on a transition plan to convert such non-impaired Dark Fiber UNEs, Brightspeed may disconnect such Dark Fiber six (6) months after the Non-impairment Notice Date. f. 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 Non-impairment Notice Date to provide a self-certification to Brightspeed 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 that the Wire Centers were properly identified or reclassified by Brightspeed, then CLEC shall have thirty (30) Days from the date of such determination to submit the necessary orders to convert any UNEs which Brightspeed 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 (e) above) and shall be subject to backbilling in the same manner as provided in Section 64.3.4 and Section 64.3.5 above, as the case may be. 64.3.6 If the number of DSI or DS3 UNE Loops serving a single building exceed the applicable maximum quantities of such UNEs specified in Sections 66.8 and 66.9, or if the number of DS1 or DS3 UNE Transport circuits on a route exceed the applicable maximum quantities of such UNEs specified in Sections 69.3 and 69.4, then CLEC will not order new UNE Loops or UNE Transport for the buildings or routes, as the case may be, and CLEC must immediately submit the necessary orders to disconnect or convert a sufficient number of such UNEs to conform to the maximum quantities of such UNEs allowed pursuant to such paragraphs. CLEC is subject to back billing for the difference between the UNE rate and the rates for the comparable access service arrangements on any UNEs which exceed such maximum quantities back to the date on which the applicable number of UNEs exceeded such maximums. If CLEC fails to submit the necessary orders, then upon thirty (30) days advance written notice, Brightspeed will be entitled to convert the excess UNEs to comparable Access Services and to assess a non-recurring charge per circuit for the work performed by Brightspeed on behalf of CLEC. 64.4 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. 64.4.1 Any combination of the following, where both are provided by Brightspeed, 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). 64.4.2 CLEC may not order or use a UNE for the exclusive provision of Mobile Wireless Service. Facilities connecting Brightspeed'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. 64.4.3 CLEC may not order or use a UNE for the exclusive provision of Interexchange Services, or long-distance services. Facilities connecting Brightspeed'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. 64.4.4 CLEC may not order or use a UNE for CLEC's own use, administrative or 64.4.5 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. 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 Feasible. 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 '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 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. 64.3 Non-impaired Wire Centers and Related Processes 64.3.1 Wire Centers that have been identified by CenturyLink as Tier 1 and Tier 2 Wire Centers and Wire Centers in which the number of Business Lines and Fiber-based Collocators exceed the thresholds for DS1 and DS3 Loops, as described in Section 66.8 and Section 66.9, are listed on CenturyLink’s 's Website (the Non- impaired Wire Centers). 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 in service as of the Effective Date of this Agreement which CenturyLink is not required to provide pursuant to Section 64.3.2 and Section 64.3.3 above, or if CLEC thereafter has any DS1 and DS3 Loops or Transport UNEs which exceed the maximum quantity allowed for such UNE services, 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. 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 submit the necessary orders to convert such UNEs to alternative service arrangements 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, and to assess an appropriate non-recurring charge per circuit for the work performed by CenturyLink on behalf of CLEC. 64.3.5 If CenturyLink identifies Wire Centers in addition to those currently listed on CenturyLink’s Website that exceed the applicable FCC impairment thresholds or if the Wire Centers previously designated as non impaired change classifications based upon the applicable 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 Website (the Non- impairment Notice Date). b. CLEC will not order new DS1, DS3 and Dark Fiber Loops or Transport UNEs for the newly identified or reclassified Wire Centers beginning thirty (30) Days after the date of the notice (the Non-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 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 Non-impairment Notice Date. If CLEC fails to submit the necessary orders before the end ofUNE