Common use of Bona Fide Request/New Business Request Process for Further Unbundling Clause in Contracts

Bona Fide Request/New Business Request Process for Further Unbundling. 6.1 If Knology is a facilities based provider or a facilities based and resale provider, this section shall apply. BellSouth shall, upon request of Knology, (i) provide to Knology access to any of BellSouth’s Network Elements which the FCC has ordered to be unbundled at any technically feasible point on BellSouth’s network for the provision of Knology's telecommunications service, and, (ii) with respect to any other non-proprietary Network Elements not required to be unbundled by the FCC, provide Knology access thereto where failure to provide access would impair (i.e. lack of an element would materially diminish) the ability of Knology to provide services that it seeks to offer; provided however, BellSouth shall have no obligation to provide Knology access to any proprietary Network Element unless such provision is necessary for Knology to provide services that it seeks to offer. A Network Element shall be considered to be proprietary if BellSouth has invested resources to develop proprietary information or functionalities that are protected by patent, copyright or trade secret law. In the event the Parties are unable to agree that failure to provide a particular non-proprietary Network Element will impair the ability of Knology to provide services it seeks to offer, or that a Proprietary Network Element is necessary for Knology to provide services it seeks to offer, such failure to agree shall be deemed a dispute pursuant to Section 12 – Resolution of Disputes – of these Terms and Conditions. For those products and services that have been made available to other CLECs, such services shall be made available to Knology on the same rates, terms and conditions through an amendment to this Agreement. 6.2 A Bona Fide Request/New Business Request shall be submitted in writing to Knology’s Account Manager by Knology and shall specifically identify the requested service date, technical requirements, space requirements and/or such specifications that clearly define the request such that BellSouth has sufficient information to analyze and prepare a response. Such a request also shall include Knology’s designation of the request as being (i) pursuant to the Act or

Bona Fide Request/New Business Request Process for Further Unbundling. 6.1 If Knology ITC^DeltaCom is a facilities based provider or a facilities based and resale provider, this section and Attachment 9 shall apply. BellSouth shall, upon request of KnologyITC^DeltaCom, (i) provide to Knology ITC^DeltaCom access to any of BellSouth’s Network Elements which the FCC has ordered to be its unbundled elements at any technically feasible point on BellSouth’s network for the provision of KnologyITC^DeltaCom 's telecommunications service, and, (ii) with respect to any other non-proprietary Network Elements not required to be unbundled by the FCC, provide Knology service where such access thereto where is necessary and failure to provide access would impair (i.e. lack of an element would materially diminish) the ability of Knology to provide services that it seeks to offer; provided however, BellSouth shall have no obligation to provide Knology access to any proprietary Network Element unless such provision is necessary for Knology ITC^DeltaCom to provide services that it seeks to offer. A Network Element Any request by ITC^DeltaCom for access to an unbundled element that is not already available shall be considered treated as an unbundled element Bona Fide Request/New Business Request, and shall be submitted to BellSouth pursuant to the Bona Fide Request/New Business Request process set forth following. 5.1 Bona Fide Request/New Business Requests are to be proprietary if used when ITC^DeltaCom makes a request of BellSouth has invested resources to develop proprietary information or functionalities that are protected by patent, copyright or trade secret law. In the event the Parties are unable to agree that failure to provide a particular non-proprietary Network Element will impair new or modified network element, interconnection option, or other service option pursuant to the ability Telecommunications Act of Knology 1996; or to provide services it seeks a new or custom capability or function to offermeet ITC^DeltaCom’s business needs, or that referred to as a Proprietary Network Element Business Opportunity Request (BOR). The BFR process is intended to facilitate the two way exchange of information between the requesting Party and BellSouth, necessary for Knology to provide services it seeks to offer, such failure to agree shall be deemed accurate processing of requests in a dispute pursuant to Section 12 – Resolution of Disputes – of these Terms consistent and Conditions. For those products and services that have been made available to other CLECs, such services shall be made available to Knology on the same rates, terms and conditions through an amendment to this Agreementtimely fashion. 6.2 5.2 A Bona Fide Request/New Business Request shall be submitted in writing to Knology’s Account Manager by Knology ITC^DeltaCom and shall specifically identify the requested required service date, technical requirements, space requirements and/or such specifications that clearly define the request such that BellSouth has sufficient information to analyze and prepare a response. Such a request also shall include Knologya ITC^DeltaCom’s designation of the request as being (i) pursuant to the Telecommunications Act orof 1996 or (ii) pursuant to the needs of the business. The request shall be sent to ITC^DeltaCom ’s Account Executive. 5.3 A product or service provided by BellSouth to another CLEC pursuant to the BFR/NBR process shall be made available to ITC^DeltaCom upon request, on the same terms and conditions.

Bona Fide Request/New Business Request Process for Further Unbundling. 6.1 If Knology is a facilities based provider or a facilities based and resale provider, this section shall apply. BellSouth shall, upon 7.1 Any request of Knology, (i) provide to Knology by Sprint for access to any of BellSouth’s Network Elements which the FCC has ordered to be unbundled at any technically feasible point on BellSouth’s a network element, interconnection option, or for the provision provisioning of Knology's telecommunications service, and, (ii) with respect to any other non-proprietary Network Elements service or product that is not required to be unbundled by the FCC, provide Knology access thereto where failure to provide access would impair (i.e. lack of an element would materially diminish) the ability of Knology to provide services that it seeks to offer; provided however, BellSouth shall have no obligation to provide Knology access to any proprietary Network Element unless such provision is necessary for Knology to provide services that it seeks to offer. A Network Element already available shall be considered to be proprietary if BellSouth has invested resources to develop proprietary information or functionalities that are protected by patenttreated as a Bona Fide Request/New Business Request, copyright or trade secret law. In the event the Parties are unable to agree that failure to provide a particular non-proprietary Network Element will impair the ability of Knology to provide services it seeks to offer, or that a Proprietary Network Element is necessary for Knology to provide services it seeks to offer, such failure to agree and shall be deemed a dispute submitted to BellSouth pursuant to Section 12 – Resolution of Disputes – of these Terms and Conditionsthe Bona Fide Request/New Business Request process set forth following. For those products and services that have been made available to other CLECs, such services shall be made available to Knology Sprint on the same rates, terms and conditions through an amendment to this Agreementagreement. 6.2 7.2 A Bona Fide Request/New Business Request shall be submitted in writing to Knology’s Account Manager by Knology Sprint and shall specifically identify the requested required service date, technical requirements, space requirements and/or such specifications that clearly define the request such that BellSouth has sufficient information to analyze and prepare a response. Such a request also shall include KnologySprint’s designation of the request as being (i) pursuant to the Telecommunications Act of 1996 or (ii) pursuant to the needs of the business. 7.3 Although not expected to do so, Sprint may cancel, without penalty, a Bona Fide Request in writing at any time. BellSouth will then cease analysis of the request. 7.4 Within two (2) business days of its receipt, BellSouth shall acknowledge in writing, the receipt of the Bona Fide Request and identify a single point of contact and any additional information needed to process the request. 7.5 Except under extraordinary circumstances, within thirty (30) days of its receipt of a Bona Fide Request, BellSouth shall provide to Sprint a preliminary analysis of the Bona Fide Request. The preliminary analysis will include BellSouth’s proposed price (plus or minus 25 percent) and state whether BellSouth can meet Sprint’s requirements, the requested availability date, or, if BellSouth cannot meet such date, provide an alternative proposed date together with a detailed explanation as to why BellSouth is not able to meet Sprint’s requested availability date. BellSouth also shall indicate in this analysis its agreement or disagreement with Sprint’s designation of the request as being pursuant to the Act or pursuant to the needs of the business. If BellSouth does not agree with Sprint’s designation, it may utilize the procedures set forth in Section 14 of the General Terms and Conditions of this Agreement. In no event, however, shall any such dispute delay BellSouth’s processing of the request. If BellSouth determines that it is not able to provide Sprint with a preliminary analysis within thirty (30) days of BellSouth’s receipt of a Bona Fide request, BellSouth will inform Sprint as soon as practicable. Sprint and BellSouth will then determine a mutually agreeable date for receipt of the preliminary analysis. 7.6 As soon as possible, but in no event more than ninety (90) days after receipt of the request, BellSouth shall provide Sprint with a firm Bona Fide Request quote which will include, at a minimum, the firm availability date, the applicable rates and the installation intervals, and a binding price quote. 7.7 Unless Sprint agrees otherwise, all proposed prices shall be the pricing principles of this Agreement, in accordance with the Act, and any applicable FCC and Commission rules and regulations. Payments for services purchased under a Bona Fide Request will be made as specified in this Agreement, unless otherwise agreed to by Sprint. 7.8 Within thirty (30) days after receiving the firm Bona Fide Request quote from BellSouth, Sprint will notify BellSouth in writing of its acceptance or rejection of BellSouth’s proposal. If at any time an agreement cannot be reached as to the terms and conditions or price of the request, or if BellSouth responds that it cannot or will not offer the requested item in the Bona Fide Request and Sprint deems the item essential to its business operations, and deems BellSouth’s position to be inconsistent with the Act, FCC or Commission regulations and/or the requirements of this Agreement, the dispute may be resolved pursuant to Section 14 of the General Terms and Conditions of this Agreement.

Bona Fide Request/New Business Request Process for Further Unbundling. 6.1 If Knology is a facilities based provider or a facilities based and resale provider, this section shall apply. BellSouth shall, upon 4.1 Any request of Knology, (i) provide to Knology by Sprint for access to any of BellSouth’s Network Elements which the FCC has ordered to be unbundled at any technically feasible point on BellSouth’s a network element, or for the provision provisioning of Knology's telecommunications service, and, (ii) with respect to any other non-proprietary Network Elements service or product that is not required to be unbundled by the FCC, provide Knology access thereto where failure to provide access would impair (i.e. lack of an element would materially diminish) the ability of Knology to provide services that it seeks to offer; provided however, BellSouth shall have no obligation to provide Knology access to any proprietary Network Element unless such provision is necessary for Knology to provide services that it seeks to offer. A Network Element already available shall be considered to be proprietary if BellSouth has invested resources to develop proprietary information or functionalities that are protected by patenttreated as a Bona Fide Request/New Business Request, copyright or trade secret law. In the event the Parties are unable to agree that failure to provide a particular non-proprietary Network Element will impair the ability of Knology to provide services it seeks to offer, or that a Proprietary Network Element is necessary for Knology to provide services it seeks to offer, such failure to agree and shall be deemed a dispute submitted to BellSouth pursuant to Section 12 – Resolution of Disputes – of these Terms and Conditionsthe Bona Fide Request/New Business Request process set forth following. For those products and services that have been made available to other CLECs, such services shall be made available to Knology Sprint on the same rates, terms and conditions through an amendment to this Agreementagreement. 6.2 4.2 A Bona Fide Request/New Business Request shall be submitted in writing to Knology’s Account Manager by Knology Sprint and shall specifically identify the requested required service date, technical requirements, space requirements and/or such specifications that clearly define the request such that BellSouth has sufficient information to analyze and prepare a response. Such a request also shall include KnologySprint’s designation of the request as being (i) pursuant to the Telecommunications Act of 1996 or (ii) pursuant to the needs of the business. 4.3 Although not expected to do so, Sprint may cancel, without penalty, a Bona Fide Request in writing at any time. BellSouth will then cease analysis of the request. 4.4 Within two (2) business days of its receipt, BellSouth shall acknowledge in writing, the receipt of the Bona Fide Request and identify a single point of contact and any additional information needed to process the request. 4.5 Except under extraordinary circumstances, within thirty (30) days of its receipt of a Bona Fide Request, BellSouth shall provide to Sprint a preliminary analysis of the Bona Fide Request. The preliminary analysis will include BellSouth’s proposed price (plus or minus 25 percent) and state whether BellSouth can meet Sprint’s requirements, the requested availability date, or, if BellSouth cannot meet such date, provide an alternative proposed date together with a detailed explanation as to why BellSouth is not able to meet Sprint’s requested availability date. BellSouth also shall indicate in this analysis its agreement or disagreement with Sprint’s designation of the request as being pursuant to the Act or pursuant to the needs of the business. If BellSouth does not agree with Sprint’s designation, it may utilize the procedures set forth in Section 11 of the General Terms and Conditions of this Agreement. In no event, however, shall any such dispute delay BellSouth’s processing of the request. If BellSouth determines that it is not able to provide Sprint with a preliminary analysis with thirty (30) days of BellSouth’s receipt of a Bona Fide Need request, BellSouth will inform Sprint as soon as practicable. Sprint and BellSouth will then determine a mutually agreeable date for receipt of the preliminary analysis. 4.6 As soon as possible, but in no event more than ninety (90) days after receipt of the request, BellSouth shall provide Sprint with a firm Bona Fide Request quote which will include, at a minimum, the firm availability date, the applicable rates and the installation intervals, and a binding price quote. 4.7 Unless Sprint agrees otherwise, all proposed prices shall be the pricing principles of this Agreement, in accordance with the Act, and any applicable FCC and Authority rules and regulations. Payments for services purchased under a Bona Fide Request will be made as specified in this Agreement, unless otherwise agreed to by Sprint. 4.8 Within thirty (30) days after receiving the firm Bona Fide Request quote from BellSouth, Sprint will notify BellSouth in writing of its acceptance or rejection of BellSouth’s proposal. If at any time an agreement cannot be reached as to the terms and conditions or price of the request, or if BellSouth responds that it cannot or will not offer the requested item in the Bona Fide Request and Sprint deems the item essential to its business operations, and deems BellSouth’s position to be inconsistent with the Act, FCC or Authority regulations and/or the requirements of this Agreement, the dispute may be resolved pursuant to Section 11 of the General Terms and Conditions of this Agreement.