20081030Amendment.pdf

Maura E. Peterson
Paralegal
Regulatory Law
RECElVED
una OCt 30 ~M 9: 32
\DAHO P' \~~iONUTlUl1ES co ..'- J'
Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile (206) 343-040
Qwest~
Spirit of Service™
Via Overnight delivery
October 29,2008
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE- T -00-07
Application for Approval of Amendment to the Interconnection Agreement
McLeodUSA Telecommunications Services, Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
if you have any questions concerning the enclosed. Thank you for your
atter.
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwest.com
RECEIVED
200D OCT 30 Al1 9: 32
IDAHO PUBLIC
UTIUTIES COMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.c. §252(e)
CASE NO.: QWE-T-OO-07
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commission on November 9, 2000 (the "Agreement"). The Amendment with
McLeodUSA Telecommunications Services, Inc. is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communcations
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portion( s) thereof) discriminates against a telecommunications carier not a pary to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
MCLEODUSA TELECOMMUNICA nONS
McLeodUSA to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommuncations services.
Qwest fuher requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntar negotiations, it does not raise issues
requiring a hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this Z 1rtyof October, 2008.
A L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
MCLEODUSA TELECOMMUNICA nONS
.. '..
CERTIFICATE OF SERVICE
I hereby certify that on this J5 day of October, 2008, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j jewell(fpuc.state.id. us
Hand Delivery
U. S. Mail
~ Overnight Delivery
Facsimile
Email
Julia Redman-Carer
Carier Relations Manager
One Marha's Way
Hiawatha, Iowa 52233
Hand Delivery
-L U. S.Mail
Overnight Delivery
Facsimile
Email
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
MCLEODUSA TELECOMMUNICA nONS
..
i ""..
Triennial Review Order and Triennial Review Remand Order
("TROITRRO") Amendment
to the Interconnection Agreement between
Qwest Corporation and
McLeodUSA Telecommunications Services, Inc.
for the State of
Idaho
RECEIVED
2008 OCT 30 AM 9: 32
IDAHO PUBLIC
UTIUTIES COMMISSION
This is an Amendment ("Amendment") to incorporate certain terms of the Triennial Review
Order ("TRO") and the Triennial Review Remand Order ("TRRO") into the Interconnection
Agreement between Qwest Corporation ("Qwest"), formerly known as U S WEST
Communications, Inc., a Colorado corporation, and McLeodUSA Telecommunications Services,
Inc. ("CLEC"). CLEC and Qwest shall be known jointly as the "Parties".
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement (such Interconnection
Agreement, as amended to date, being referred to herein as the "Agreement") for services in the
state of Idaho which was approved by the Idaho Commission ("Commission") ; and
WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules and
regulations pertaining to, among other things, the availability of unbundled network elements
("UNEs") pursuant to Section 251 (c)(3) of the Telecommunications Act of 1996 (the "Act') in itsReport and Order_In the Matter of Review of the Section 251 Unbundling Obligations of
Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions of the
Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147, Report and Order
and Order on Remand, FCC 03-36 (effective October 2, 2003) (''Triennial Review Order" or
"TRO"); and
WHEREAS, on February 4, 2005, the FCC released the Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange Carriers, WC Doc.04-313, CC Doc. 01-338, Order on
Remand, FCC 04-290 (''Triennial Review Remand Ordet' or ''TRRO'') (effective March 11,
2005), which further modified the rules governing Qwests obligation to make certain UNEs
available under Section 251 (c)(3) of the Act; and
WHEREAS, the TRO and TRRO Decision, individually and together ("Decisions") materially
modify Qwests obligations under the Act with respect to, among other things, Qwests
requirement to offer certain UNEs; and
WHEREAS, the Parties wish to amend the Agreement to comply with the Decisions and hereby
agree to do so under the terms and conditions contained herein.
September 17, 2008/kcd/McLeod !TRO and TRRO Amd//ID
Amendment to CDS-000807 -0082
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
i. Amendment Terms.
To the extent applicable, the Agreement is hereby amended by deleting certain UNEs or by
changing or adding terms and conditions for certain UNEs as set forth in Attachment 1 and
Exhibit A to this Amendment, attached hereto and incorporated herein by this reference.
II. Limitations.
Nothing in this Amendment shall be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of the Decisions, nor rules, regulations, interpretations, and appeals
thereof, including but not limited to state rules, regulations, and laws as they may be issued or
promulgated regarding the same. Nothing in this Amendment shall preclude or estop Qwest or
CLEC from taking any position in any forum concerning the proper interpretation or effect of
Decisions or concerning whether the Decisions should be changed, vacated, dismissed, stayed
or modified.
II. Conflicts.
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement, this Amendment shall control, provided, however, that the fact that a term or
provision appears in this Amendment but not in the Agreement shall not be interpreted as, or
deemed a grounds for finding, a conflict for purposes of this Section IIi.
iv. Scope.
This Amendment shall amend, modify and revise the Agreement only to the extent the UNEs
listed in Attachment 1 are included in the Agreement and, except to the extent set forth in
Section I and Section II of this Amendment, the terms and provisions of the Agreement shall
remain in full force and effect after the execution date.
v. Effective Date.
This Amendment shall be deemed effective upon approval by the Commission, except where
the change of law provision in CLEC's Interconnection Agreement specifies a different effective
date. The Parties agree to implement the provisions of this Amendment upon execution
("execution date").
Vi. Further Amendments.
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties'
authorized representative. No waiver by any Part of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, wil be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
September 17, 2008/kcd/McLeod rrRO and TRRO Amdl/ID
Amendment to CDS-000807-0082 2
VII. Entire Agreement.
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
McLeodUSA Telecommunications
Services, Inc.
Qwest Corporation~~
Signature
..~
Signature ~
seanPl::
Name PrintedJyped
L.T. Christensen
Name Printed/Typed
Sr. VP Network Services
Title
Director- Interconnection Agreements
Title
r¡/30lP,r iDate
9 (-Y~(Ði
Date
September 17, 2008/kcd/McLeod !TRO and TRRO Amd//ID
Amendment to CDS-000807-0082 3
ATIACHMENT 1
Table of Contents
RECITALS.. ...................................................... .'............... .................................... .................. 1
Table of Contents................................................................................................................... 4
1.0 Definitions...................................................................................................................5
2.0 Unbundled Network Elements (UNE) General............................................................ 5
3.0 Unbundled Loop........ ...................................................................... ............ ... .......... 15
4.0 Unbundled Dedicated Interoffice Transport (UDIT) ................................................... 19
6.3 Commingling............................................................................................................. 21
8.0 Routine Network Modifications.......................................................... ........ ................ 23
September 17, 2008/kcd/McLeod !TRO and TRRO Amd//D
Amendment to CDS-000807-0082 4
..
ATTACHMENT 1
1.0 Definitions
"Commingling" means the connecting, attaching, or otherwise linking of an Unbundled Network
Element, or a Combination of Unbundled Network Elements, to one or more facilities or services
that a requesting Telecommunications Carrier has obtained at wholesale from Qwest, or the
combination of an Unbundled Network Element, or a Combination of Unbundled Network
Elements, with one or more such facilities or services.
"Commingle" means the act of Commingling.
"Commission-Approved Wire Center List" means a list approved by the Commission in a Wire
Center Docket(s) that identifies DS1 and DS3 Unbundled Loop facilities that are non-impaired
and, regarding DS1, DS3, and Dark Fiber unbundled transport facilities, identifies non-
impairment designations based on Wire Center Tier Designation(s).
"Dark Fibet' is fiber within an existing fiber optic cable that has not yet been activated through
optronics to render it capable of carrying communications services.
"Dedicated Transport" is Qwest transmission facilities between wire centers or switches owned
by Qwest, or between wire centers or switches owned by Qwest and switches owned by
requesting telecommunications carriers, including, but not limited to, DS1-, DS3-, and OCn-
capacity level services, as well as dark fiber, dedicated to a particular customer or carrier.
"Interexchange Service" means telecommunications service between stations in different
exchange areas. Ct. Modification of Final Judgment, § IV(K), reprinted in United States v. Am.
Tel. & Tel. Co., 552 F. S.upp. 131, 229 (D.D.C. 1982) (defining "interexchange
telecommunications" as ''telecommunications between a point or points located in one exchange
telecommunications area and a point or points located in one or more other exchange areas or
a point outside an exchange area").
"Mobile Wireless Service" means all mobile wireless telecommunications services; including
commercial mobile radio service (CMRS). CMRS includes paging, air-ground radio, telephone
service and offshore radiotelephone services, as well as mobile telephony services, such as the
vice offerings of carriers using cellular radiotelephone, broadband PCS and SMR licenses.
"Non-Impaired Facilities" are those network elements identified in an applicable FCC order as
no longer available as unbundled network elements ("UNEs") under 47 U.S.C. § 251 (c)(3) as
reflected in this Agreement based on non-impairment or tier designations and that have been
reviewed and approved by the Commission using the process and methodology ordered in a
Wire Center Docket.
'''Non-Impaired Wire Centet' is a Wire Center that the Commission finds meets the loop
thresholds identified in CFR 47 § 51.319(a)(4)(i) for DS1 Loops, or the loop thresholds identified
in CFR 47 § 51.319(a)(5)(i) for DS3 Loops, or the Tier 1 or Tier 2 'Wire Centers designations as
defined in § 51.319(e)(3) and that is identified on a Commission-Approved Wire Center List.
"Route" is a transmission path between one of Qwests Wire Centers or switches and another of
Qwest's Wire Centers or switches. A Route between two (2) points (e.g., Wire Center or switch
"A" and Wire Center or switch "Z") may pass through one (1) or more intermediate Wire Centers
September 17, 2008/kcd/McLeod fTRO and TRRO Amd//D
Amendment to CDS-000807-0082 5
ATTACHMENT 1
or switches (e.g., Wire Center or switch "X"). Transmission paths between identical end points
(e.g., Wire Center or switch "A" and Wire Center or switch "Z") are the same "route," irrespective
of whether they pass through the same intermediate Wire Centers or switches, if any.
'Wire Center Docket" means a Commission Docket No. QWE-T-08-07 and any successor or
separate Commission docket in which Qwest files a request(s) to place Non-Impaired Wire
Center(s) on a Commission-Approved Wire Center List and the Commission approves addition
of wire center(s) to the list.
2.0 Unbundled Network Elements (UNEl General
2.1 CLEC's Interconnection Agreement may include terms and conditions for certain
Network Elements that Qwest is no longer required to offer on an unbundled basis pursuant to
Section 251 (c)(3) of the Act. The FCC determined in Triennial Review Order and Triennial
Review Remand Order, that certain Unbundled Network Elements no longer satisfy the FCC's
impairment test, and as a result, Qwest is no longer obligated to offer to CLEC those Network
Elements on an unbundled basis pursuant to Section 251 (c)(3) of the Act. The FCC also
modified certain Terms and Conditions for other Unbundled Network Elements and imposed
certain obligations on Qwest.
2.2 As of the execution date of this Amendment, CLEC shall not order, and Qwest will not
provide, the following Network Elements on an unbundled basis pursuant to Section 251 (c)(3) of
the Act:
2.2.1 Unbundled Loops
a) Certain DS1 Loops subject to the requirements of Sections 2.8 and 3.0
following;
b) Certain DS3 Loops subject to the requirements of Sections 2.8 and 3.0
following;
c) OCn Loops;
d) FTTH & FTTC Loops subject to the requirements of Section 3.1.6
following;
e) Dark Fiber Loops subject to the requirements of Section 3.1.5 following;
f) Hybrid Loops (non-copper distribution Loops) except as identified in
Section 3.1.7 following;
g) Line Sharing, except as grandfathered as provided in the TRO and 47
C.F.R. 51.319(a)(1 )(i); and
h) The feeder portion of a loop as a stand alone UNE (Sub-Loop)
September 17, 2008/kcd/McLeod (fRO and TRRO Amd//ID
Amendment to CDS-000807 -0082 6
ATTACHMENT 1
2.2.2 Transport
a) Entrance Facilities, as defined in 47 C.F.R. 51.319(e)(2)(i); E-UDIT
(Extended Unbundled Dedicated Interoffice Transport)
b) E-UDF (Extended Unbundled Dark Fiber); Transport from a CLEC's
Premises to a Qwest Wire Center;
c) OCn Unbundled Dedicated Transport (UDIT); including Remote
Node/Remote Port and SONET add/drop multiplexing associated with
OCn UDIT;
d) UDIT and UDF as a part of a Meet Point arrangement;
e) Certain DS1 Unbundled Dedicated Interoffice Transport (UDIT) subject to
the requirements of Sections 2.8 and 4.0 following;
f) Certain DS3 Unbundled Dedicated Interoffice Transport (UDIT) subject to
the requirements of Sections 2.8 and 4.0 following;
g) Certain Unbundled Dark Fiber Interoffice Facility (UDF-IOF) Transport
subject to the requirements of Sections 2.8 and 4.1.7 following;
2.2.3 Unbundled Switching
a) Packet Switching
b) Tandem Switching, unless Qwest is required by FCC Rule 51.319(d) to
provide such switching.
c) Mass Market Switching, including UNE-P and related services as
identified in Section 2.2.3.1
d) Enterprise Local Switching, including UNE-P and related services as
identified in Section 2.2.3.1
e) Signaling Networks (stand alone), as defined by FCC Rule
51.319(d)(4)(i)(A).
2.2.3.1 Related services
a) Customized Routing
b) Signaling
c) AIN Database Services
d)' Line Information Database (LIDS)
e) 8XX Database Services
f) InterNetwork Callng Name (ICNAM)
g) Local Number Portability (LNP) Database
h) Shared Transport
September 17, 2008/kcd/McLeod !TRO and TRRO Amd//ID
Amendment to CDS-000807-0082 7
ATTACHMENT 1
2.2.4 Transition
2.2.4.1 Transition plans for certain embedded Network Elements identified in
the above lists are identified in the following sections.
2.3 Intentionally Left Blank.
2.4 Intentionally Left Blank.
2.4.A Whether high capacity loops or high capacity transport UNEs are unavailable, and the
date upon which they become unavailable, based on Non-Impairment Wire Center designations
will be determined by the Commission in a Wire Center Docket. The Parties agree to propose
to the Commission in a Wire Center Docket to use the methodology and procedures for
determining Non-Impaired Facilities and Wire Center tier designations the methodology and
procedures in Sections V and Vi of the Multi-State Settlement Agreement Regarding Wire
Center Designations and Related Issues between the Parties. The Parties wil follow any
procedures established by the Commission in a Wire Center Docket with respect to exchange of
data and Confidential Information and updating the Commission-Approved Wire Center List.
Regarding ordering after any additions to a Commission-Approved Wire Center List, see
Section 2.4.F of this Amendment.
2.4.B Upon receiving a request for access to a high capacity loop or high capacity transport
UNE, Qwest must immediately process the request. Qwest shall not prevent order submission
and/or order processing (such as via a system edit, or by requiring affirmation of the self-
certification letter information through remarks in the service request, or through other means)
for any such facilty, unless the parties agree otherwise in an amendment to the Agreement.
Regarding ordering with respect to Qwests Non-Impaired Wire Center list in effect on the
execution date of this Amendment, see Section 2.4.A, and regarding ordering after any
additions are made to a Commission-Approved Wire Center List, see Section 2.4.F. For
changes of law, the Parties agree that the change of law provisions contained in the Agreement
will apply.
2.4.C Intentionally Left Blank.
2.4.D For high capacity loops and high capacity transport UNEs, Qwest wil through July 31,
2010, assess an effective net non-recurring charge of $25 for each facility converted from a
UNE to an alternative service arrangement. Qwest may assess a non-recurring conversion
charge in excess of $25 so long as Qwest provides a clearly identified lump sum credit within
three (3) biling cycles that results in an effective net non-recurring charge of $25. No additional
non-recurring charges apply, other than ass non-recurring charges if applicable. Qwest shall
not impose any recurring or nonrecurring ass charges unless and until the Commission
authorizes Qwest to impose such charges and/or approves applicable rates at the completion of
appropriate cost docket proceedings.
2.4.D.1 The Parties may disagree as to the amount of the applicable non-recurring
charge after July 31, 2010, and each Part reserves all of its rights with respect to the
amount of charges after that date. Nothing in this Amendment precludes a Part from
addressing charges after July 31, 2010. A different non-recurring charge wil apply,
September 17, 2008/kcd/McLeod fTRO and TRRO Amd//ID
Amendment to CDS-000807 -0082 8
ATIACHMENT 1
however, only to the extent authorized by an applicable regulatory authority, or agreed
upon by the Parties and reflected in an amendment to the Agreement.
2.4.E Intentionally Left Blank
2.4.F Additional Non-Impaired Wire Centers. When Qwest files a request(s) to add additional
Wire Center(s) to a Commission-Approved Wire Center List, Qwest wil follow the procedures
for making such requests approved by the Commission in the Wire Center Docket. If the
Commission adds the Wire Center(s) to the Commission-Approved Wire Center List, fifteen (15)
Days after Commission-approval of addition(s) to that list, CLEC wil no longer order impacted
High Capacity Loops, high capacity transport UNEs, or Dark Fiber Loop and Dark Fiber
Dedicated Transport UNEs in (for loops) or between (for transport) those additional Wire
Centers. Qwest and CLEC wil work together to identify those circuits impacted by such
change.
2.4.F.1 Length of Transition Period for Additional Non-Impairment Designations.
2.4.F.1.1 When the Commission approves additional DS1 and DS3 loop or high
capacity transport UNE non-impairment designations as described in Section 2.4.F,
CLEC wil have ninety (90) days from the effective date of the order in which the
Commission approves the addition to the Commission-Approved Wire Center List to
transition the applicable Non-Impaired Facilties to an alternative service.
2.4.F.1.2 When the Commission approves additional Dark Fiber transport non-
impairment Designations as described in Section 2.4.F, CLEC wil have one-hundred
and eighty (180) days. from the effective date of the order in which the Commission
approves the addition to the Commission-Approved Wire Center List to transition to
an alternative arrangement. Qwest and CLEC wil work together to identify. those
circuits impacted by such a change.
2.4.F.2 Rate During Transition Period for Additional Non-Impairment Designations.
2.4.F.2.1 For a ninety (90) day period beginning on the effective date on which the
Commission approves an addition to the Commission-Approved Wire Center List,
any DS1 Loop UNEs, DS3 Loop UNEs, DS1 Dedicated Transport UNEs, and DS3
Dedicated Transport UNEs that CLEC leases from Qwest as of that date, but which
Qwest is not obligated to unbundle, shall be available for lease from Qwest at a rate
equal to 115% of the UNE rates applicable as of the effective date on which the
Commission adds the Wire Center to the Commission-Approved Wire Center List.
2.4.F.2.2 For a one-hundred and eighty (180) day period beginning on the effective
date on which the Commission approves an addition to the Commission-Approved
Wire Center List, any Dark Fiber Dedicated Transport UNEs that CLEC leases from
Qwest as of that date, but which Qwest is not obligated to unbundle, shall be
available for lease from Qwest at a rate equal to 115% of the UNE rates applicable
as of the effective date on which the Commission adds the Wire Center to the
Commission-Approved Wire Center List.
September 17, 2008/kcd/McLeod (fRO and TRRO AmdlliD
Amendment to CDS-000807-0082 9
ATIACHMENT1
2.4.F.2.3 The 115% rate described in Sections 2.4.F.2.1 and 2.4.F.2.2 wil be
applied to CLEC bils on the following bil cycle, and may be applied as a manual
adjustment. Any manual bill adjustment for the time period for which the facilities
were in place wil be applied to each account based on the Billng Telephone Number
(BTN) and/or Circuit (CKT) identification number per Billng Account Number (BAN)
with an effective bill date as of the effective date on which the Commission adds the
Wire Center to the Commission-Approved Wire Center List.
2.4.F.2.4 The non-recurring conversion charge is addressed in Section 2.4.D of this
Amendment.
2.4.F.3 Data. Qwest wil file supporting data with the Commission when filing a request
to obtain additional non-impaired designations added to the Commission-Approved Wire
Center List. Qwest will also provide a copy of the supporting data pursuant to the terms
of the applicable protective agreement/order to CLEC if CLEC has signed the applicable
protective agreement/order (or is subject to any applicable standing protective order put
in place by the Commission).
2.4.F.3.1 If Qwest relies upon Fiber-Based Collocators for its proposed non-
impairment designation, the supporting data provided to CLEC wil include at least
the information required by the Commission in a Wire Center Docket.
2.4. F.3.2 If Qwest relies upon Switched Business Line Count data for its proposed
Non-Impairment Designation, the supporting data provided to CLEC wil include at
least the information required by the Commission in a Wire Center Docket.
2.4.F.4 Methodology: The Parties agree to use the methodology for non-impairment or tier
designations adopted by the Commission in the Wire Center Docket for additional Non-
Impaired Wire Centers established in a Wire Genter Docket after the execution date of this
Amendment.
2.5 UNEs shall not be utilized by CLEG for its own administrative use.
2.6 GLEG may not access UNEs for the exclusive provision of Mobile Wireless Services or
Interexchange Services.
2.7 If GLEC accesses and uses a UNE consistently with Sections 2.5 and 2.6, GLEG may
provide any Telecommunications Services over the same UNE.
2.8 If it is determined by GLEG and Qwest that GLEC's access to or use of UNEs is
inconsistent with Existing Rules, except due to change in law, CLEG has thirt (30)
calendar Days to convert such UNEs to alternate service arrangements and GLEG is
subject to back billng for the difference between rates for the UNEs and rates for the
Qwest alternate service arrangement. CLEG is also responsible for just and reasonable
non-recurring chårges for the alternate service arrangement. CLEG is also responsible
for just and reasonable non-recurring charges for the work required to perform the
disconnect of the UNE.
September 17, 2008/kcd/McLeod !TRO and TRRO Amd//ID
Amendment to CDS-000807-0082 10
ATTACHMENT 1
2.9 Service Eligibilty Criteria and Requirement for EELs
2.9.1 Qwest agrees to make available to CLEC Enhanced Extended Links ("EELs") in
accordance with the terms and conditions set forth below. Qwest shall not impose any
additional conditions or limitations upon obtaining access to EELs or to any other UNE
combinations other than those set out in this Agreement. Except as provided below in
this Section 2.9, Qwest shall provide access to Section 251 UNEs and combinations of
Section 251 UNEs without regard to whether CLEC seeks access to the UNEs to
establish a new circuit or to convert an existing circuit from a service to UNEs provided
the rates, terms and conditions under which such Section 251 UNEs are to be provided
are included within the CLEC's underlying Agreement.
2.9.1.1 An EEL that consists of a combination of voice grade to DS-O
level UNE local loops combined with a UNE DS1 or DS3 Dedicated Transport (a
"Low-Capacity EEL") shall not be required to satisfy the High-Cap EEL Service
Eligibilty Criteria set out below in Section 2.9.1.2.
2.9.1.2 Qwest need not provide access to an unbundled DS1 loop in
combination, or commingled, with a dedicated DS1 transport or dedicated DS3
transport facility or service, or to an unbundled DS3 loop in combination, or
commingled, with a dedicated DS3 transport facility or service, or (2) an
unbundled dedicated DS1 transport facility in combination, or commingled, with
an unbundled DS1 loop or a DS1 channel termination service, or to an
unbundled dedicated DS3 transport facilty in combination, or commingled, with
an unbundled DS1 loop or a DS1 channel termination service, or to an
unbundled DS3 loop or a DS3 channel termination service unless CLEC certifies
that all of the following Service Eligibility Criteria are met:
2.9.1.2.1 State Certification. CLEC has received state certification
to provide local voice service in the area being served or, in the absence
of a state certification requirement, has complied with registration,
tariffing, filing fee, or other regulatory requirements applicable to the
provision of local voice service in that area.
2.9.1.2.2 Per EEL Circuit Criteria. The following criteria are satisfied
for each combined circuit, including each DS1 circuit, each DS1 EEL, and
each DS1-equivalent circuit on a DS3 EEL.
2.9.1.2.3 Telephone Number Assignment. Each circuit to be
provided to each Customer wil be assigned a local telephone number
prior to the provision of service over that circuit. This requires that each
DS1 circuit must have at least one (1) local telephone number and each
0&3 circuit has at least twenty-eight (28) local telephone numbers. The
origination and termination of local voice traffic on each local telephone
number assigned to a circuit shall not include a toll charge and shall not
require dialing special digits beyond those normally required for a local
voice calL. CLEC wil provide local telephone number assignments by
circuit;
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2.9.1.2.4 911 or E911. Each circuit to be provided to each
Customer wil have 911 or E911 capability prior to the provision of service
over that circuit.
2.9.1.2.5 Collocation. Each circuit to be provided to each customer
will terminate in a collocation, with the associated CFA, that meets the
following requirements:
2.9.1.2.5.1 Each circuit to be provided to each
Customer wil terminate in a Collocation arrangement that is
established pursuant to Section 251 (c)(6) of the Act and located at
Qwest's Premises within the same LATA as the Customer's
premises, when Qwest is not the collocator, and cannot be at an
Interexchange Carrier POP or ISP POP. However, a CLEC can
satisfy this prong through reverse collocation, as specified in
paragraph 605 of the TRO; or
2.9.1.2.5.2 Each circuit to be provided to each
Customer wil terminate in a Collocation arrangement that is
located at the third party's premises within the same LATA as the
-Customer's premises, when Qwest is the collocator; and
2.9.1.2.5.3 When a DS1 or DS3 EEL Loop is connected to a
multiplexed facility, the multiplexed facilty must be terminated in a
collocation arrangement that is established pursuant to Section
251(c)(6) of the Act and must be within Qwests network and
cannot be at an Interexchange Carrier POP or ISP POP.
However, a CLEC can satisfy this prong through reverse
collocation, as specified in paragraph 605 of the TRO.
2.9.1.2.6 Interconnection Trunking and Callng Part Number. Each
circuit provided to each customer will be served by an interconnection
trunk. An interconnection trunk meets the requirements of this paragraph
if the requesting telecommunications carrier wil transmit the callng
party's number in connection with the calls exchanged over the trunk.
Where the CLEC does not arrange for a meaningful exchange of traffic,
which must include hand-offs of local voice calls that flow in both
directions, those arrangements cannot be attributed towards satisfaction
of this criterion. Each DS1 EEL circuit must be served by a local
interconnection trunk in the same LATA as the Customer served by the
circuit. For each twenty-four (24) DS1 EEL circuits, CLEC must maintain
at least one (1) active DS1 local interconnection trunk in the same LATA
as ,the Customer served by the circuit.
2.9.1.2.7 End Office Switch. Each circuit to be provided to each
Customer will be served by a switch capable of switching local voice
traffic. CLEC must certify that the Switching equipment is either
registered in the LERG as a Class 5 Switch or that it can switch local
voice traffic.
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Amendment to CDS-000807-0082 12
ATTACHMENT 1
2.9.1.3 CLEC must provide a blanket certification letter, or other mutually
agreed upon communication, that each individual high capacity loop in
combination, or Commingled, with a Qwest-provided high capacity transport
facility or service, meets the Service Eligibility Criteria set forth above before
Qwest wil provision or convert the high capacity facility in combination or
Commingled.
2.9.1.4 CLEC's high capacity combination or Commingled facility Service
Eligibility shall remain valid only so long as a circuit continues to meet the
Service Eligibility Criteria set forth above or CLEC certifies compliance in
accordance with Section 2.9.1.3. If CLEC's Service Eligibility on a given high
capacity combination or Commingled facility is no longer valid, CLEC must
submit a service order converting the facility to the appropriate Private Line,
Special Access, or alternative wholesale service within thirt (30) Days after
CLEC has knowledge of such invalidity.
2.9.1.5 Service Eligibility Audits. In order to confirm reasonable
compliance with these requirements, Qwest may perform Service Eligibility
Audits of CLEC's records as described in this section. Service Eligibilty Audits
shall be performed in accordance with the following guidelines:
2.9.1.5.1 Qwest may, upon thirt (30) Days written notice to CLEC
that has purchased high capacity combination and Commingled facilities,
conduct a Service Eligibilty Audit to ascertain whether those high
capacity facilities were eligible for UNE treatment at the time of
Provisioning or conversion and on an ongoing basis thereafter.
2,9.1.5.2 CLEC shall make reasonable efforts to cooperate with any
Service Eligibility Audit by Qwest and shall maintain and provide Qwest
with relevant records (e,g., network and circuit configuration data, local
telephone numbers) which demonstrate that CLEC's high capacity
combination and Commingled facilities meet the Service Eligibility
Criteria.
2.9.1.5.3 An independent auditor hired and paid for by Qwest shall
perform any Service Eligibility Audit, provided, however, to the extent the
independent auditor's report concludes that the CLEC failed to comply in
all material respects with the service eligibility criteria, the CLEC must
reimburse Qwest for the cost of the independent auditor. To the extent
the independent auditor's report concludes that CLEC complied in all
material respects with the Service Eligibilty Criteria, Qwest must
reimburse CLEC for its costs associated with the Service Eligibility Audit.
2.9.1.5.4 An independent auditor must perform its evaluation in
accordance with the standards established by the American Institute for
Certified Public Accountants (AICPA) and during normal business hours,
unless there is a mutual agreement otherwise. This wil require the auditor
to perform an "examination engagement' and issue an opinion that
includes the auditor's determination regarding CLEC's compliance with
September 17, 2008/kcd/McLeod ITRO and TRRO Amd//ID
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ATTACHMENT 1
the qualifying High-Cap EEL Service Eligibility criteria. The independent
auditor's report wil conclude whether CLEC complied in all material
respects with this Section. Consistent with standard auditing practices,
such audits require compliance testing designed by the independent
auditor, which typically include an examination of a sample selected in
accordance with the independent auditor's judgment.
2.9.1.5.4.1 Qwest shall provide CLEC with a copy of the report
upon request from CLEC. If the parties disagree as to the findings
or conclusions of the auditor's report, the parties should resolve
such disputes in accordance with the Dispute Resolution process
set forth in the Agreement.
2.9.1.5.5 Qwest shall not exercise its Service Eligibility Audit rights
with respect to CLEC (excluding Affiliates), more than once in a 12-month
period unless an audit finds non-compliance If a Service Eligibility Audit
does find non-compliance, Qwest shall not exercise its Service Eligibilty
Audit rights for sixty (60) Days following that audit, and if any subsequent
Service Eligibility Audit does not find non-compliance, then Qwest shall
not exercise its Service Eligibility Audit rights for the remainder of the 12-
month period.
2.9.1.5.6 At the same time that Qwest provides notice of a Service
Eligibility Audit to CLEC under this paragraph, Qwest shall send a copy of
the notice to the Federal Communications Commission.
2.9.1.5.7 Service Eligibilty Audits conducted by Qwest for the
purpose of determining compliance with Service Eligibilty Criteria shall
not effect or in any way limit any audit or Dispute Resolution rights that
Qwest may have pursuant to other provisions of this Agreement.
2.9.1.5.8 Qwest shall not use any other audit rights it may have
under this Agreement to audit for compliance with the Service Eligibility
Criteria of this Section. Qwest shall not require a Service Eligibilty Audit
as a prior prerequisite to provisioning combination and Commingled
facilities.
2.9.1.5.9 CLEC shall maintain appropriate records to support its
Service Eligibility Criteria. However, CLEC has no obligation to keep any
records that it does not keep in the ordinary course of its business.
2.9.1.5.10 If a Service Eligibility Audit demonstrates that a high
capacity combination and Commingled facilties do not meet the Service
Eligibilty Criteria above, the CLEC must convert all non-compliant circuits
to an alternative arrangement and if applicable, CLEC must true-up any
difference in payments within thirt (30) days of billng date.
September 17, 2008/kcd/McLeod rrRO and TRRO Amd//ID
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ATTACHMENT 1
3.0 Unbundled Loop
3.1 Unbundled Loops pursuant to Section 251 (c)(3) are available in accordance with CLEC's
Agreement and the following terms and conditions.
3.1.1 DS1 Unbundled Loops. Subject to the cap described in Section 3.1.1.1,
Qwest shall provide CLEC with non-discriminatory access to a DS1 loop on an
unbundled basis to any building not served by a Non-Impaired Wire Center.
3.1.1.1 Cap on Unbundled DS1 Loop Circuits. CLEC may obtain a
maximum of ten (10) unbundled DS1 Loops to any single building in which DS1
Loops are available as Unbundled Loops.
3.1.2 DS3 Unbundled Loops. Subject to the cap described in Section 3.1.2.1,
Qwest shall provide CLEC with non-discriminatory access to a DS3 loop on an
unbundled basis to any building not served by a Non-Impaired Wire Center.
3.1.2.1 Cap on Unbundled DS3 Loop Circuits. CLEC may obtain a
maximum of a single unbundled DS3 Loop to any single building in which DS3
Loops are available as unbundled loops.
3.1.3 Intentionally Left Blank.
3.1 .4 i ntentionally Left Blank.
3.1.5 Dark Fiber Loops Including Fiber Sub-loop CLEC represents that as of the effective
date of this Amendment, CLEC hás not purchased any Dark Fiber Sub-loop facilities from
Qwest as a Section 251 (C)(3) UNE. The parties agree that Dark Fiber Sub-loops wil no longer
be available under the Agreement as a Section 251 (C)(3) UNE.
3.1.6 FTTH and FTTC Loops. For purposes of this Section, a Fiber-to-the-Home (FTTH) loop
is a local Loop consisting entirely of fiber optic cable, whether dark or lit, and serving a mass
market End User Customer's Premises, or, in the case of predominantly residential multiple
dwelling units (MDUs), a fiber optic cable, whether dark or lit, that extends to the MDU's
minimum point of entry (MPOE). For purposes of this Section, a Fiber-to-the-Curb (FTC) loop
is a local loop serving a mass market Customer consisting of fiber optic cable connecting to a
copper distribution plant loop that is not more than 500 feet from the Customer's Premises or, in
the case of predominantly residential MDU, not more than 500 feet from the MDU's MPOE. The
fiber optic cable in a FTTC must connect to a copper distribution plant loop at a serving area
interface from which every other copper distribution subloop also is not more than 500 feet from
the respective Customer's Premises. For the purposes of the definition of FTC and FTH
Loops, examples of a "Predominantly Residential" MDU is an apartment building, condominium
building, cooperative or Rlanned unit development.
3.1.6.1 FTH/FTTC New B"uilds. Qwest is not required to provide
nondiscriminatory access to FTH or FTTC Loop on an unbundled basis when Qwest
deploys such a loop to an end user's customer premises that previously has not been
served by any loop facility.
September 17, 2008/kcd/McLeod /TRO and TRRO Amd//ID
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ATTACHMENT 1
3.1.6.2 FTH/FTC Overbuilds. Qwest is not required to provide
nondiscriminatory access to a FTH or FTIC loop on an unbundled basis when Qwest
has deployed such a loop parallel to, or in replacement of, an existing copper loop
facilty, except that:
3.1 .6.2.1 Qwest shall maintain the existing copper loop connected to the
particular customer premises after deploying the fiber-to-the-home loop or the
fiber-to-the-curb loop and provide nondiscriminatory access to that copper loop
on an unbundled basis unless Qwest retires the copper loop pursuant to the
terms of Section 3.1.6.3, below. If Qwest maintains the existing copper loops
pursuant to this Section, Qwest need not incur any expenses to ensure that the
existing copper loop remains capable of transmitting signals prior to receiving a
request from CLEC for access, as set forth above. Qwest shall restore such
copper loop to serviceable condition upon request on an Individual Case Basis.
Unless the Commission orders otherwise, any such restoration shall not be
subject to Performance Indicator Definition or other performance service
measurement or intervals.
3.1.6.2.2 For each copper loop retired pursuant to Section 3.1.6.3 below,
Qwest shall provide nondiscriminatory access to a 64 kilobits per second
transmission paths capable of voice grade service over the FTH/FTC Loop on
an unbundled basis at the same rates applied to such services under the
Agreement.
3.1.6.3 Retirement of Copper Loops or Copper Subloops and
Replacement with FTTH~FTIC Loops. Prior to retiring any copper loop or copper
subloop that has been replaced with a FTTH/FTC Loop, Qwest must comply with the
network disclosure requirements set forth in Section 251 (c)(5) of the Act and in Rules
51.325 through 51.335 and any applicable state requirements. In complying with
requirements, Qwest shall, among other things: (i) provide notice of such planned
replacement on its web site (ww.qwest.comldisclosures); (ii) provide e-mail notice of
such planned retirement to CLECs; and (ii) provide public notice of such planned
replacement to the FCC. Such notices shall be in addition to any applicable state Board
or state Commission notification that may be required.
3.1.6.4 Handling of embedded FTH/FTC Loops. All embedded CLEC services
over FTTH/FTTC Loops in place prior to the signature on this Amendment wil be
'grandfathered' subject to re-classification upon change of service.
3.1.7 Hybrid Loops. A "Hybrid Loop" is a local Unbundled Loop composed of both
fiber optic cable, usually in the feeder plant, and copper wire or cable usually in the
distribution plant.
3.1.7.1 Broadband Services. When CLEC seeks access to a Hybrid
Loop, typically used to serve mass market customers, for the provision of
broadband services, Qwest shall provide CLEC with non-discriminatory access to
the time division multiplexing features, functions, and capabilities of that Hybrid
Loop, including DS1 and DS3 capacity (where impairment has been found to
exist), on an unbundled basis to establish a complete transmission path between
September 17, 2008/kcd/McLeod !TRO and TRRO Amd//ID
Amendment to CDS-000807 -0082 16
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ATIACHMENT1
Qwests Central Office and an End User Customer's premises. This access shall
include access to all features, functions, and capabilities of the Hybrid Loop that
are not used to transmit packetized information.
3.1.7.2 Narrowband Services. When CLEC seeks access to a Hybrid
Loop for the provision of narrowband services, Qwest may either:
3.1.7.2.1 Provide non-discriminatory access, on an unbundled basis,
to an entire Hybrid Loop capable of voice-grade service (Le., equivalent to
OSO capacity), using time division multiplexing technology; or
3.1.7.2.2 Provide nondiscriminatory access to a spare home-run
copper loop serving that End User Customer on an unbundled basis.
3.1.8 Subloop Unbundling. Qwest shall provide CLEC with nondiscriminatory access
to subloops on an unbundled basis in accordance with section 251 (c)(3) of the Act, 47
C.F.R. 51.315(b), the Triennial Review Order, and as set forth below.
3.1 .8.1 Copper subloops. Qwest shall provide a CLEC with
nondiscriminatory access to a copper subloop on an unbundled basis. A copper
subloop is a portion of a copper loop, or hybrid loop, comprised entirely of copper
wire or copper cable that acts as a transmission facility between any point of
technically feasible access in Qwests outside plant, including inside wire owned
or controlled by Qwest, and the end-user customer premises. A copper subloop
includes all intermediate devices (including repeaters and load coils) used to
establish a transmission path between a point of technically feasible access and
the demarcation point at the end-user customer premises, and includes the
features, functions, and capabilities of the copper loop. Copper subloops include
two-wire and four-wire analog voice-grade subloops as well as two-wire and four-
wire subloops conditioned to transmit the digital signals needed to provide digital
subscriber line services, regardless of whether the subloops are in service or
held as spares.
3.1.8.1.1 . Point of technically feasible access. A point of technically.
feasible access is any point in Qwests outside plant where a technician
can access the copper wire within a cable without removing a splice case.
Such points include, but are not limited to, a pole or pedestal, the serving
area interface, the network interface device, the minimum point of entry,
any remote terminal, and the feeder/distribution interface. Qwest shall,
upon a site-specific request, provide access to a copper subloop at a
splice near a remote terminaL. Such points may include, but are not
limited to, the pole, pedestal, Network Interface Device, minimum point of
entry, single point of Interconnection, Remote Terminal, Feeder
Oistribution Interface (FOI), or Serving Area Interface (SAl). Qwest shall,
upon a site-specific request, provide access to a copper subloop at a
splice near a remote terminaL. Qwest shall be compensated for providing
this access in accordance with FCC rule 47 C.F.R. §§ 51.501 through
51.515.
September 17, 2008/kcdlMcLeod fTRO and TRRO Amdl/ID
Amendment to CDS-000807-0082 17
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ATTACHMENT 1
3.1.8.1.2 Rules for collocation. Access to the copper subloop is
subject to the FCC's collocation rules at §§ 51.321 and 51.323. CLEC
shall not have access on an unbundled basis to a feeder subloop defined
as facilities extending from the Central Office to a terminal that is not at
the End User Customer's premises or multiple tenant environment (MTE).
CLEC shall have access to the feeder facilities only to the extent it is part
of a complete transmission path, not a subloop, between the Central
Office and the End User Customer's premises or MTE. This section does
not address Unbundled Dark Fiber MTE Subloop which is addressed in
Section 3.1.5.3.
3.1.8.2 Subloops for access to multiunit premises wiring. Qwest shall
provide a CLEC with nondiscriminatory access to the subloop for access to
multiunit premises wiring on an unbundled basis regardless of the capacity level
or type of loop that the CLEC seeks to provision for its customer. The subloop
for access to multiunit premises wiring is defined as any portion of the loop that it
is technically feasible to access at a terminal in Qwests outside plant at or near a
multiunit premises. One category of this subloop is inside wire, which is defined
for purposes of this section as all loop plant owned or controlled by Qwest at a
multiunit customer premises between the minimum point of entry as defined in 47
C.F.R. § 68.105 and the point of demarcation of Qwests network as defined in
47 C.F.R. § 68.3.
3.1.8.2.1 Point of technically feasible access. A point of technically
feasible access is any point in Qwests outside plant at or near a multiunit
premises where a technician can access the wire or fiber within the cable
without removing a splice case to reach the wire or fiber within to access
the wiring in the multiunit premises. Such points include, but are not
limited to, a pole or pedestal, the network interface device, the minimum
point of entry, the single point of interconnection, and the
feeder/distribution interface.
3.1.8.2.2 Single point of interconnection. Upon notification by a CLEC that it
requests interconnection at a multiunit premises where Qwest owns, controls, or
leases wiring, Qwest shall provide a single point of interconnection that is
suitable for use by multiple carriers. This obligation is in addition to Qwests
obligations, under 3.1.8.2 of this section, to provide nondiscriminatory access to
a subloop for access to multiunit premises wiring, including any inside wire, at
any technically feasible point. If the parties are unable to negotiate rates, terms,
and conditions under which Qwest wil provide this single point of
interconnection, then any issues in dispute regarding this obligation shall be
resolved in state proceedings under section 252 of the Act.
3.1.8.2.2.1 Qwests obligation to construct a Single Point of Interface
(SPOI) is limited to those MTEs where Qwest has distribution facilities to
that MTE and owns, controls, or leases the inside wire at the MTE. In
addition, Qwest shall have an obligation to construct a SPOI only when
CLEC indicates that it intends to place an order for access to an
unbundled Subloop Network Element via aSPOL.
September 17, 2008/kcdMcLeod rrRO and TRRO Amd//ID
Amendment to CDS-000807-0082 18
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ATTACHMENT 1
3.1.8.2.3 No collocation. Qwest shall provide subloops to access
multiunit premises without collocation.
3.1 .8.3. Best practices. Once one state commission has determined that it
is technically feasible to unbundle subloops at a designated point, Qwest in any
state shall have the burden of demonstrating to the Commission, in state
proceedings under section 252 of the Act, that it is not technically feasible, or that
suffcient space is not available, to unbundle its own loops at such a point.
3.1.8.4 Qwest shall not be required to provide unbundled access to Qwest
feeder loop plant as standalone UNEs.
3.1.8.5 Failure To Convert Non-Impaired Services - Feeder Subloops.
Absent CLEC Transition of Feeder SubLoop, within ninety (90) Days of
Execution of this Amendment, Qwest wil convert facilties to alternative
wholesale service arrangements. CLEC is subject to back billng for the
difference between the rates for the UNEs and rates for the Qwest alternative
service arrangements to the ninety-first (91 st) day. CLEC is only responsible for
the nonrecurring design change charge in the applicable Qwest tariff associated
with such conversion. Qwest will make all reasonable efforts to ensure that
conversions shall be implemented in a seamless manner without any customer
impacts or adverse effects to service quality.
3.1.9 Line Sharing. Qwest shall not be required to provide Line Sharing unless the
Agreement has been amended with a Qwest Commercial Line Sharing Amendment.
3.1.10 Qwest shall not engineer the transmission capabilities of its network in a
manner, or engage in any policy, practice, or procedure, that disrupts or degrades
access to a local loop or subloop, including the time division multiplexing-based features,
functions, and capabilities of a hybrid loop, for which CLEC may obtain or has obtained
access pursuant to 47 C.F.R. 51.319(a) under the Agreement.
4.0 Unbundled Dedicated Interoffice Transport (UDln
4.0.1 Qwest is not obligated to provide CLEC with unbundled access to dedicated
transport that does not connect a pair of Qwest Wire Centers.
4.0.2 All DS1 and above high capacity transport services, when combined with high
capacity 251 (c)(3) Loops, are subject to the Service Eligibility Criteria as outlined in
Section 2.9 of this Amendment.
4.1 Section 251 (c)(3r UDIT is available pursuant to CLEC's Agreement and the following
terms and conditions.
4.1.1 DS1 UDIT. Qwest shall unbundle DS1 transport between any pair of Qwest Wire
Centers when not restricted based on the Wire Center designations identified on the
applicable Commission-Approved Wire Center List.
September 17, 2008/kcd/McLeod /TRO and TRRO Amdl/ID
Amendment to CDS-000807-0082 19
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ATTACHMENT 1
4.1.1.1 On Routes for which no unbundling obligation for DS3 Dedicated
Transport circuits exists but for which DS1 Dedicated Transport is available on
an unbundled basis, CLEC may obtain a maximum of ten (10) unbundled DS1
Dedicated Transport circuits.
4.1.2 DS3 UDIT - Qwest shall unbundle DS3 transport between any pair of Qwest Wire
Centers when not restricted based on the Wire Center designations identified on the
applicable Commission-Approved Wire Center List.
4.1.2.1 CLEC may obtain a maximum of twelve (12) unbundled DS3
dedicated transport circuits on each Route where DS3 dedicated transport is
available on an unbundled basis.
4.1.3 Intentionally Left Blank.
4.1.4 Intentionally Left Blank.
4.1.5 OCn UDIT. CLEC represents that as of the effective date of this Amendment,
CLEC has not purchased any OCn UDIT facilities from Qwest as a Section
251 (C)(3) UNEs. The parties agree that OCn UDIT wil no longer be available
under the Agreement as a Section 251 (C)(3) UNEs.
4.1.6 Failure To Convert Non-Impaired Services - DS1 and DS3 E-UDIT and M-
UDIT. E-UDIT provided CLEC with a bandwidth specific transmission path between a
Qwest Serving Wire Center and CLEC's wire center or an IXC POP within the same
Qwest Serving Wire Center area. M-UDIT provided CLEe with a network element of a
single transmission path between a Qwest Wire Center and a mutually agreed upon
meet point with an Independent Telco located outside of the Qwest territory. Absent
CLEC transition of DS1 and DS3 E-UDIT and M-UDIT Transport within ninety (90) days
of execution of this Amendment, Qwest will convert facilities to month to month service
arrangements in Qwests Special Access Tariff and CLEC is subject to back billng for
the difference between the rates for the UNEs and rates for the Qwest alternative
service arrangements to the ninety-first (91 st) day. The conversion rate is in accordance
with and limited to the $25.00 conversion charge found in section 2.4.D of this
Amendment. Qwest will make all reasonable efforts to ensure that conversions shall be
implemented in a seamless manner without any customer impacts or adverse effects to
service quality.
4.1.7 Unbundled Dark Fiber (UDF) IOF CLEC represents that as of the effective
date of this Amendment, CLEC has not purchased any Unbundled Dark Fiber (UDF) IOF
facilties from Qwest as a Section 251 (C)(3) UNEs. The parties agree that Unbundled
Dark Fiber (UDF) IOF wil no longer be available under the Agreement as a Section
251 (C)(3) UNEs.
4.1.8 E-UDF and M-UDF (Meet Point Biled-UDF) Transition Language. Upon the
Execution Date of this Amendment, CLEC wil not place, and Qwest wil not accept, any
ASRs for Extended Unbundled Dark Fiber (E-UDF) or M-UDF (Meet Point UDF). Qwest
account representatives will work with CLECs on a plan to convert any existing E-UDF
or M-UDF to other alternative Qwest products or services, if CLEC so desires. CLEC
September 1?, 2008/kcd/McLeod !THO and TRRO Amd//D
Amendment to CDS-00080? -0082 20
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,.ATIACHMENT 1
must convert these services by December 10, 2005. Qwest and CLEC wil work
together to identify those circuits impacted.
4.1.8.1 Failure To Convert Non-Impaired Networks Elements - E-UDF
and M-UDF. Absent CLEC Transition E-UDF and M-UDF as of December 10,
2005, Qwest will begin or maintain the right to begin, disconnect process of Dark
Fiber Facilities.
5.0 Interconnection Facilties.
The FCC's finding of non-impairment with respect to 251 (c)(3) entrance facilities and certain
other dedicated transport does not alter the right of CLEC to obtain interconnection facilities
(which includes entrance facilties and other dedicated transport) pursuant to section 251 (c)(2)
for the transmission and routing of telephone exchange service and exchange access service.
CLEC wil have access to these interconnection facilities at the TELRIC-based rates set forth in
the Agreement to the extent that the CLEC requires them to interconnect with Qwests network.
6.0 Unbundled Network Element Combinations
6.1 Enhanced Extended Loop (EEL)
6.1 .1 High Capacity EELs are available pursuant to CLEC's Agreement, the relevant loop
and transport terms and conditions of this amendment and the following terms and conditions.
6.1.1.1 The "Significant Amount of Local Exchange Traffic" eligibilty criteria for High
Capacity EELs is replaced by the ,Service Eligibilty Criteria Described in Section 2.9
6.1.1.2 Transition for High capacity EELs - CLEC must verify that all embedded High
Capacity EELs meet the new Service Eligibility Criteria. Qwest account representatives wil
.. work with CLEC on a plan to convert any non-compliant EEL to other service arrangements.
6.1.1.3 For any embedded High Capacity EELs that included non-impaired DS1/DS3 loops or
DS1/DS3 UDIT and were leased by CLEC from Qwest after March 10,2006, CLEC is subject to
back billng in accordance with the back biling and transition terms for non-impaired DS1 and
DS3 loops and UDIT, as applicable, set forth in Sections 3.1.3 and 4.1.4.
6.1 .1.4 Failure to Convert Non-Compliant EEL. Absent CLEC Transition of embedded High
Capacity EELs that include impaired DS1/DS3 loops or DS1/DS3 UDIT but do not meet the
Service Eligibility Criteria in Section 2.9, within ninety (90) days of the Execution Date of this
Amendment, Qwest wil convert services to alternate arrangements. CLEC is subject to back
billing for the difference between the rates for the UNEs and rates for the Qwest alternative
service arrangements to the 91 st day. CLEC is also responsible for just and reasonable non-
recurring charges for the alternate service arrangement. CLEC is also responsible for just and
reasonable non-recurring charges for the work required to perform the disconnect of the UNE.
6.2 Intentionally Left Blank.
6.3 Commingling
September 17, 2008/kcdlMcLeod !fRO and TRRO Amdl/ID
Amendment to CDS-000807-0082 21
. ,, .
ATIACHMENT 1
6.3.1 To the extent it is Technically Feasible, CLEC may Commingle
Telecommunications Services purchased on a resale basis made available pursuantto section
251 (b) 1 and 251 (c) 4 of the Act with an Unbundled Network Element or combination of
Unbundled Network Elements.
6.3.2 CLEC may Commingle UNEs and combinations of UNEs with wholesale services
and facilities (e.g., ''wholesale services" as used herein include but are not limited to, any
facilities or elements that CLEC is entitled to obtain from Qwest pursuant to Section 271 of the
Act, a Resale service pursuant to Section 251 (b)(1) or 251 (c)(4) , or Switched and Special
Access Services offered pursuant to Tariff) and request Qwest to perform the necessary
functions to provision such Commingling. CLEC wil be required to provide the CFA
(Connecting Facility Assignment) of CLEC's network demarcation (e.g., Collocation or
multiplexing facilities) for each UNE, UNE Combination, or wholesale service when requesting
Qwest to perform the Commingling of such services. Qwest shall not deny access to a UNE on
the grounds that the UNE or UNE Combination shares part of Qwests network with Access
Services.
6.3.3 When a UNE and service are commingled, the service interval for each facilty
being commingled wil apply only as long as a unique provisioning process is not required for
the UNE or service due to the commingling. A commingled arrangement involving only loops,
multiplexing or dedicated transport with a Special Access or Private Line service will not require
a unique provisioning process. Performance measurements and\or remedies are not applicable
to the total commingled arrangement and do apply to each facilty or service ordered within the
commingled arrangement. Work performed by Qwest to provide Commingled services that are
not subject to standard provisioning intervals wil not be subject to performance measures and
remedies, if any, contained in this Agreement or elsewhere, by virtue of that service's inclusion
in a requested Commingled service arrangement. Provisioning intervals applicable to services
included within a requested Commingled service arrangement will not begin to run until CLEC
provides a complete and accurate service request, necessary CFAs to Qwest, and Qwest
completes work required to perform the Commingling that is in addition to work required to
provision the service as a stand-alone facility or service.
6.3.4 Intentionally Left Blank.
6.3.5 Services are available for Commingling only in the manner in which they are
provided in Qwest's applicable product Tariffs, catalogs, price lists, or other
Telecommunications Services offerings (e.g. ICA).
6.3.6 Any LIS Entrance Facility or Mid Span Meet POI obtained by CLEC pursuant to the
Local Interconnection Service section of the Agreement may not be Commingled with 251 (c)(3)
transmission facilities including UDIT and Unbundled Loops.
6.3.7 CLEC may request Qwest to commingle DS1 or DSO analog voice grade unbundled
Loops with DS3 or DS1 multiplexed facilities ordered by CLEC from Qwests special access or
private line Tariffs. Terms and conditions for this Commingled arrangement are provided in
Section 6.2 of this Amendment.
7.0 Ratcheting
7.1 To the extent that CLEC requests Qwest to commingle a UNE or a UNE Combination
September 17, 2008/kcdMcLeod fTRO and TRRO AmdllD
Amendment to CDS-000807 -0082 22
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ATTACHMENT 1
with one or more facilities or services that CLEC has obtained at wholesale from Qwest
pursuant to a method other than unbundling under Section 251 (c)(3) of the Act, Qwest wil not
be required to bil that wholesale circuit at multiple rates, otherwise known as ratcheting. Such
commingling wil not affect the prices of UNEs or UNE Combinations involved.
7.2 To the extent a multiplexed facilty is included in a Commingled circuit, then the
multiplexed facility will be ordered and biled at the UNE rate if and when all circuits entering the
multiplexer are UNEs. If CLEC orders a non-UNE circuit to be commingled with other UNE-
circuits, then the multiplexed facility wil be ordered and biled pursuant to the appropriate Tariff.
If a multiplexed facility is included in a Commingled EEL, all circuits entering the multiplexer are
not UNEs and CLEC is being biled pursuant to the appropriate tariff and CLEC makes a
modification by disconnecting the Commingled EEL and issuing a second order for a UNE EEL
such that all circuits entering the multiplexer are UNEs, the multiplexed facility will be biled at
the UNE rate.
8.0 Routine Network Modifications
8.1 Qwest shall make all routine network modifications to unbundled loop and transport
facilties used by CLEC where the requested loop or transport facility has already been
constructed. Qwest shall perform these routine network modifications to unbundled loop or
transport facilities in a nondiscriminatory fashion, without regard to whether the loop or transport
facility being accessed was constructed on behalf, or in accordance with the specifications, of
any carrier.
8.2 A routine network modification is an activity that the Qwest regularly undertakes for its
own customers. Routine network modifications include, but are not limited to, rearranging or
splicing of cable; adding an equipment case; adding a doubler or repeater; adding a smart jack;
installng a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an
existing multiplexer; and attaching electronic and other equipment that Qwest ordinarily attaches
to a DS1 loop to activate such loop for its own customer. They also include activities needed to
enable CLEe to light a dark fiber transport facilty. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach aerial cable, and
installing equipment casings. Routine network modifications do not include the installation of
new aerial or buried cable for CLEC.
8.3 Qwest shall not assess any non-recurring charges to CLEC for undertaking routine
network modifications Qwest regularly undertakes for its own customers.
September 17, 2008/kcdlMcLeod (TRO and TRRO Amdl/D
Amendment to CDS-000807 -0082 23
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ATTACHMENT 1
9.0 Intentionally Left Blank.
10.0 Conversions
10.1 Conversion of Wholesale Services to UNEs
10.1 .1 Upon request, Qwest shall convert a wholesale service, or group of wholesale
services, to the equivalent UNE, or combination of UNEs, that is available to CLEC under terms
and conditions set forth in this Attachment, so long as the CLEC and the wholesale service, or
group of wholesale services, and the UNEs, or combination of UNEs, that would result from
the conversion meet the eligibility criteria that may be applicable. (By way of example only, the
statutory conditions would constitute one such eligibility criterion.) Where necessary or
appropriate, Qwest and CLEC shall coordinate such conversions.
10.1.2 Intentionally Left Blank.
10.1.3 Except as agreed to by the Parties, Qwest shall not impose any untariffed
termination charges, or any disconnect fees, re-connect fees, or charges associated with
establishing a service for the first time, in connection with any conversion between a wholesale
service or group of wholesale services and a UNE or combination of UNEs.
10.1.3.1 Intentionally Left Blank.
10.1.4 Qwest shall perform any conversion from a wholesale service or group of wholesale
services to a UNE or combination of UNEs without adversely affecting the service quality
perceived by CLEC's end-user customer.
10.1.5 In requesting a conversion of a Qwest service, CLEC must follow the standard
guidelines and ordering requirements that are applicable to converting the particular Qwest
service sought to be converted.
September 17, 2008/kcd/McLeod (fRO and TRRO Amd//ID
Amendment to CDS-000807-0082 24
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,McLeodUSA Telecommunications Services. Inc.TRO and TRRO Exhibit A
Transition Rates
Idaho.
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cost docket changes, leave blank:Compensation Election
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9.0 Unbundled Network Elements (UNEs\
9.2 Unbundled LooDs
92.3 Dioital CaDable LOODS
9.2.3.3.4 DS1 Transitional Rate 15% incremental adjustment applies in addition to Monthly
Rate for non-impaired wire centers, (effective 3/11/05 thru 3/10/06)
9.233.4.1 Zone 1 $12.97 .
9.2.3.3.42 Zone 2 $12.97 .
9.2.3.3.4.3 Zone 3 $14.99 .
9.2.3.4.4 DS3 Transitional Rate 15% incremental adjustment applies in addition to Monthly
Rate for non'impaired wire centers, (effective 3/11/05 thru 3/10/06)
9.2.3.4.4.1 Zone 1 $141.29 .
9.2.3.4.4.2 Zone 2 $143.26 .
92.3.4.4.3 Zone 3 $189.68 .
9.2.8 Private Une I Soecial Access to Unbundled LOOD Conversion ¡as isf $34.50 B
9.6 Unbundled Dedicated Interoffice TransDort (UDin
9.6.2.5 DS1 UDIT Transitional Rate 15% Incremental adjustment between non-impaired
wire centers, in addition to Monthly Rates. (Effective 3111/05 thru 3/10/06)
9.6.2.5.1 Over 0 to 8 Miles $5.46 $0.48 ..
9.6.2.5.2 Over 8 to 25 Miles $5.59 $0.48 ..
9.6.2.5.3 Over 25 to 50 Miles $5.87 $0.27 ..
9.6.2.5.4 Over 50 Miles $5.67 $0.12 ..
9.6.3.5 DS3 UDIT Transitional Rate 15% Incremental adjustment between non-impaired
wire centers, in addition to Monthly Rates (Effective 3111/05 thru 3/10/06)
9.6.3.5.1 Over 0 to 8 Miles $3.79 $8.11 ..
9.6.3.5.2 Over 8 to 25 Miles $36.30 $2.52 ..
9.6.3.5.3 Over 25 to 50 Miles $33.59 $3.20 ..
9.6.3.5.4 Over 50 Miles $35.35 $2.22 ..
96.12 Private Une I Special Access to UDIT Conversion (as is)$131.19 1
9,7 Unbundled Dark Fiber IUDFI
9.7.4 UDF - Sinole Strand
9.7.4.1.6 UDF,IOF - Single Strand Transitional Rate 15% Incremental adjustment between
non-impaired wire centers, in addition to Monthly Rates (Effective 3/11/05 thru
9/10/06)
9.7.4.1.6.1 Fiber Transport. per Strand I Mile $7.63 .
9.7.4.1.6.2 Termination, Fixed, per Strand / Ofce / Termination $0.72 .
9.7.4.1.6.3 Fiber Cross'Connect, Der Strand / Office $0.36 .
9.7.4.2 UDF - Loop - Single Strand Transitional Rate for all wire centers (Effecive 3111/05
thru 911 0/06)
9.7.4.2.3 Fiber LOOD, Der Strand / Route $102.33 ..
9.7.4.2.4 Termination, Fixed, per Strand I Ofice $5.55 ....
9.7.4.25 Termination, Fixed. per Strand I Premise $4.53 ..
9.7.4.2.6 Fiber Cross-Connect, Der Strand / Offce $3.12 ..
9.7.5 UDF - Der Pair
9.7.5.1.6 UDF-IOF, Per Pair Transitional Rate 15% Incremental adjustment between non-
impaired wire centers. in addition to Monthly Rates (Effective 3/11/05thru 9/10/06)
9.7.5.1.61 Fiber Transport. per Pair I Mile $9.92 .
9.75.1.6.2 Termination. Fixed. per Pair I Office / Termination $1.0 .
9.7.5.1.6.3 Fiber Cross-Connect. Der Pair / Office $0.66 .
9.75.2 UDF - Loop, Per Pair Transitional Rate for all wire centers (Effective 3/11/05 thru
9/10/06)
9.7.5.2.3 Fiber LOOD. Der Route ¡oar Pair $151.02 ..
9.7.5.2.4 Termination. Fixed, per Pair / Office $8.50 ..
Owest IdahoTRO TRRO Amendment Exhibit A Second Amended
October 14, 2005 Page 1 of2
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,"McLeodUSA Telecommunications Services, Inc.TRO and TRRO Exhibit A
Transition Rates
Idaho*
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9.7.5.2.5 Termination, Fixed, per Pair / Premise $7.23 ..
9.7.5.2.6 Fiber Cross-Connect, per Pair / Office $4.51 ..
9.7.7 UDF MTE Sublooo ICB ICB 3 3
9.23 UNE Combinations
9.23.7 Enhanced Extended Looo (EEL
9.237.3 EEL DS1
9.23.7.3.3 DS1 Transitional Rate 15% Incremental adjustment applies in
addition to Monthly Rate for non,impaired wire centers, (effective
3/11/05 thru 3/10/06)
923.7.3.3.1 Zone 1 $1297 .
9.23.7.33.2 Zone 2 $12.97 .
9.23.7.3.3.3 Zone 3 $14.99 .
9.23.7.4 EELDS3
9.23.74.3 DS3 Transitional Rate 15% Incremental adjustment applies in
addition to Monthly Rate for non,impaired wire centers, (effecive
3/11/05 thru 3/10/06)
9.23.7.4.3.1 Zone 1 $141.29 .
9.23.7.4.3.2 Zone 2 $143.26 .
9.23.7.4.3.3 Zone 3 $189.68 .
9.23.7.6 Private Line / Soecial Access to EEL Conversion as is $34.50 B
9.23.7.8 EEL Transoort
9.23.7.8.2.5 DSnransitional Rate 15% Incremental adjustment between non-
impaired wire centers, in addition to Monthly Rates. (Effective
3/11/05 thru 3/10/06)
9.23.7.8.2.5.1 Over 0 to 8 Miles $5.46 $0.48 ..
9.23.7.8.2.5.2 Over 8 to 25 Miles $5.59 $0.48 ..
9.23.7.8.2.5.3 Over 25 to 50 Miles $5.87 $0.27 ..
9.23.7.8.2.5.4 Over 50 Miles $5.67 $0.12 ..
9.23.7.8.3.5 DS3 Transitional Rate 15% Incremental adjustment between non-
impaired wire centers, in addition to Monthly Rates. (Effective
3/11/05 thru 3/10/06)
9.23.7.8.3.5.1 Over 0 to 8 Miles $3.79 $8.11 ..
9.23.7.8.3.5.2 Over 8 to 25 Miles $36.30 $2.52 ..
9.23.7.8.3.5.3 Over 25 to 50 Miles $33.59 $3.20 ..
9.23.7.8.3.5.4 Over 50 Miles $35.35 $2.22 ..
NOTES:
B Cost Docket OWE-T-01-11, Order No. 29408 (January 5, 2004) rates effective January 5, 2004.
. Transitional Rate Increment calculated using 15% of the existing rate, per CC Docket Nos. 01-338 & 04-313 Order on Remand (released 2/4/05), effective
3/11/05
.. Rate includes 15% increase authorized in CC Docket Nos. 01,338 & 04-313 Order on Remand (released 2/4/05), effective 3/11/05
(11 iELRIC rates proposed in Cost Docket aWE+OH 1 testimony fied on November 12, 20ö3: The case was bifucated and the rates using this footnote are
proposed in Phase 2 of the cost docket.
3 ICB, Individual Case Basis pricing.
Owest idahoTRO TRRO Amendment Exhibit A Second Amended
October 14, 2005 Page 2 of 2