Bona Fide Request

ATTACHMENT 13

Page 1

BONA FIDE REQUEST

1.BA shall promptly consider and analyze the submission of a Bona Fide Request that BA provide: (a) a method of Interconnection or access to a Network Element not otherwise provided hereunder at the time of such Bona Fide Request; or (b) a method of Interconnection or access to a Network Element that is different in quality to that which BA provides to itself at the time of such Bona Fide Request. Items (a) and (b) above may be referred to individually as a “BFR Item.” The Bona Fide Request process set forth herein does not apply to those services requested pursuant to Report & Order and Notice of Proposed Rulemaking 91-141 (rel. October 19, 1992), Paragraph 259 and Footnote 603 or subsequent orders.

2.A Bona Fide Request shall be submitted in writing and shall include a technical description of each BFR Item. To the extent feasible, it shall also include a forecast of the desired number or volume of the BFR Item that is the subject of the Bona Fide Request, the locations where such BFR Items are desired, and the dates when they are desired.

3.AT&T may cancel a Bona Fide Request at any time, but shall pay BA’s reasonable and demonstrable costs of processing and/or implementing the Bona Fide Request up to the date of cancellation.

4.Within fifteen (15) business days of its receipt of a Bona Fide Request, BA shall provide to AT&T a preliminary analysis of the BFR Item. The preliminary analysis shall respond in one of the following ways:

(a) confirm that BA will offer the BFR Item and identify the date (no more than 90 days after date of this Step 4(a) preliminary analysis) when BA will deliver a firm price proposal, including service description, pricing and an estimated schedule for availability (“Bone Fide Request Price Proposal”);

(b) provide a detailed explanation that such BFR Item is not technically feasible and/or that the BFR Item does not qualify as one that is required to be provided under the Act;

(d) inform AT&T that BA must do field testing to determine whether the BFR Item is technically feasible;

(e) inform AT&T that it is necessary for the Parties to undertake a joint technical/operational field test in order to determine both technical feasibility and operational cost impacts of the BFR Item; or

(f) request face-to-face meetings between technical representatives of both Parties to further explain the BFR Item. No later than five (5) business days following such meetings, BA will provide a preliminary analysis in one of the ways identified in Steps 4(a) through 4(e).

5.Within ten (10) business days of receiving BA’s preliminary analysis from Step 4(c), 4(d) or 4(e), AT&T shall:

(a) negotiate a mutually agreeable schedule for BA’s testing, a mutually agreeable date (no more than 90 days after the testing has shown the BFR Item is technically feasible) when BA will deliver a Bona Fide Request Price Proposal, and a mutually agreeable arrangement for sharing the testing costs, in the case of Step 4(c) or 4(d); or

(b) negotiate a mutually agreeable schedule for joint technical/operational field testing, a mutually agreeable date (no more than 90 days after the testing has shown the BFR Item is technically feasible) when BA will deliver a Bona Fide Request Price Proposal, and a mutually agreeable arrangement for sharing the testing costs, in the case of Step 4 (e).

6.Within ten (10) business days of receiving BA’s preliminary analysis from Step 4 (a), AT&T shall:

(a) accept BA’s date to deliver a Bona Fide Request Price Proposal;

(b) negotiate a different date for BA to deliver a Bona Fide Request Price Proposal; or

7.Unless the Parties otherwise agree, a BFR Item must be priced in accordance with Section 252(d)(1) of the Act and any applicable FCC or Board rules, regulations, or orders.

8.Within thirty (30) days of its receipt of the Bona Fide Request Price Proposal, AT&T must either confirm an order for such BFR Item pursuant to the Bona Fide Request Price Proposal or, if it believes such Bona Fide Request Price Proposal is inconsistent with the requirements of the Act, seek arbitration by the Board, including the use of any available expedited procedures, pursuant to Section 252 of the Act. If AT&T fails to confirm an order for such BFR Item within thirty days (30) days of its receipt of the Bona Fide Request Price Proposal or a Board Order finding that such Bona Fide Request Price Proposal is consistent with the requirements of the Act, BA may treat the Bona Fide Request as cancelled by AT&T.

9.If a Party to a Bona Fide Request believes that the other Party is not requesting, or negotiating, or processing the Bona Fide Request in good faith, or disputes a determination, or price or cost quote, or is failing to act in accordance with Section 251 of the Act, such Party may seek mediation or arbitration by the Board, including the use of any available expedited procedures, pursuant to Section 252 of the Act, after giving the other Party written notice at least ten (10) days in advance.

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