IX. Recording

SBC proposes language that would require Level 3 to provide recorded billable message detail and access usage records in accordance with MECAB standards. Level 3 proposes language that, as it describes it, would provide the parties the option of mutually agreeing to another method or format of exchange billing or usage records.

I adopt SBC's proposed language and reject Level 3's proposed language. Level 3 states that it can provide the information according to MECAB standards and offers no objection to doing so. To the extent that Level 3 wants to leave open the possibility of using a mutually agreeable alternative format, there is no need for the agreement to say so. In any event, Level 3's proposed language does not condition the alternate method or format on the parties' mutual agreement; rather, it may be read as allowing Level 3 the unilateral discretion not to provide access usage records in accordance with MECAB.

Accordingly, I dispose of REC-1 and REC-2 by adopting SBC's proposed language for §§ 3.13 and 4.1 of the Recording Appendix, and rejecting Level 3's proposed language.

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