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360Network-CS050131January 31, 2005 Engineering and Public Works Attn: Kenneth M. Griffin, P.E. 255 Parkway Coppell, TX 75019 QInetworks Re: 360networks(USA)inc License Agreement Dear Mr. Griffin: In response to your letter of January 5, 2005, 360networks(USA)inc acquired the Touch America system through their bankruptcy. Please find attached, the Closing Agreement dated December 23, 2003, and Schedule A -1, that transfers the route through Coppell from Touch America, Inc., to 360networks(USA)inc, also attached is the Assumption Agreement dated December 23, 2003. My understanding is that the city should have been noticed by the Touch America Estate during the bankruptcy about this acquisition. Also, on October 11, 2004 we sent a check for $250 for The Right -OF -WAY MAINTENANCE USE FEE application, since a new agreement is no longer necessary, will you be refunding that check? Please feel free to call if you have any questions. Sincerely, NW-I& Mitchell Merryman 303 - 854 -5271