By E-Filing, E-Mail, and U.S. Mail

RE: ITMO of a Complaint and Request for Expedited Hearing of Neutral Tandem, Inc., Against Level 3 Communications and the Application of Level 3 Communications, LLC, to Terminate Services to Neutral Tandem, Inc., PUC Docket Nos. P-5733/C-07-296, P-5733,6403/M-07-354,

OAH Docket No. 7-2500-18018-2

On August 22, 2007, Level 3 made a motion to supplement the hearing record by including filings (or portions of filings) made by Neutral Tandem on August 3, 2007 in other jurisdictions. The ALJ established a response deadline of August 29, 2007 and invited comments regarding whether the briefing schedule needed adjustment. Neutral Tandem responded that the offered exhibits were not relevant to the issues in the Minnesota proceeding due to the differences in volume of traffic. In the alternative, Neutral Tandem proposed that the portion of the transcript of Dr. Saboo’s cross-examination by Level 3 in the Michigan proceeding be admitted as an exhibit. The Department of Commerce generally favored including any additional relevant evidence so long as adequate time to respond is available. No other party mentioned adjusting the briefing schedule.

The information offered by Level 3 is relevant to the issues raised at the hearing in this matter regarding the routing of traffic. The ALJ has reviewed the transcript of the hearing and concludes that the information in the offered exhibits does not contradict the testimony of Mr. Wren. He was asked (as he clarified) whether Neutral Tandem had “decided to terminate the connection.” The information offered is that Neutral Tandem informed its customers to reroute traffic off of its tandem switching for Level 3’s NPA-NXX codes. This is significantly different from terminating a direct connection.

OAH Docket No. 7-2500-18018-2

August 30, 2007

Page 2

Level 3’s motion to admit Exhibits 19 through 25 is granted. Neutral Tandem’s alternative to have the transcript excerpt admitted is granted and that document is admitted as Exhibit 26. Since the issues were fully discussed at the hearing in this matter and this new admitted evidence is not lengthy, no adjustment to the briefing schedule is required. Briefs from Neutral Tandem, Level 3, and Qwest (if desired) are due on September 7, 2007. The Department’s brief is due September 21, 2007. Replies are due on September 28, 2007, with a further reply from the Department, if needed, the following week.

The hard copies of the transcripts and exhibits have been received. The exhibits not already E-filed will be entered this week. When that is completed, a hearing exhibit list referencing the E-filed documents will be made available.

Very truly yours,

/s/ Richard C. Luis

RICHARD C. LUIS

Administrative Law Judge

Telephone: 612-349-2542

Enclosure

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