20110209Redacted Settlement Agreement.pdf

Qwest
1600 7th Avenue, Room 1506
Seattle, Washington 98191
Phone [phone]
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law Dept.
February 7, 2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
1ftn fEB -9 ~.t' 9: 38
Qwest~
Spirit of Service~
Via Overnight Delivery
Re: QWE-T-00-07
Settlement Agreement QwestI AETEC
Dear Ms. Jewell:
Enclosed please find two copies of a CONFIDENTIA settlement agreement resolving a dispute between
Qwest and PAETEC. First, there is a confidential version for the Commssion's inspection, which is not
for the public file. Second, there is a redacted version for the public file, to be fied pursuant to Section
252 because it contains an agreement to enter into a prospective amendment to the parties'
Interconnecti gent. The public version redacts confidential and proprietary information about
the historic disp t between Qwest and P AETEC.
~
MauraE.
Enclosures
cc: PAETEC
MEP/mep
GLW1 :f- 60 -07
f~E_
CONFIDENTIAL SETTLEMENT AGREEMENT. Q '1B.
'iBH FEB -9 Al1 J: J
This Confdential Settlement Agreement ("Agreement") is made by and betw~ea..,Q'¥l~t
C0ri0ration (':Q!") and McLeod Tele~ommun~cations Services, L~~..i ~ ~ir~lr¡:S\C):
Business Services ("Customer"). All paries to this Agreement are colledtle\1 erred to as
"Paries" and individually as a "Pary."
WHEREAS~ QC and Customer are paries to that certain Minnesota Interconnection
Agreement approved by the Minnesota Public Utilties Commission on Janua 30, 1998 as
amended (the "Interconnection Agreemenf~).
WHREAS, QC and Customer are also pares to ICAs in 13 other states, as follows:
Arizona, approved on December 14, 2000; Colorado, approved on Febru 16~ 2001; Idaho,
approved on November 9, 2000; Iowa, approved on December 15, 1997; Montana, approved
May 16,2011; Nebraska, approved April 14, 1999; New Mexico~ approved on Februar 6, 2001;
Nort Dakota, approved on May 26, 1999; Oregon~ approved December 19~ 2000; South Dakota~
approved on July 23, 1999; Utah, approved July 11~ 2000; Washigton, approved August 30~
2000; and Wyoming, approved Februar 22, 2001; and
January 17, 2011/deb-kjc/McLeod/Settlement Agreement
WHEREAS, following good faith negotiations and in order to fully and finally resolve
the Customer Claims~ avoid litigation~ expense and delay, and settle all claims and causes of
action in connection with the Customer Claims, QC and Customer have entered into this
Agreement.
NOW, THEREFORE, in consideration of the covenants, premises and agreements set
forth herein, and for other good and valuable consideration, the receipt and suffciency of which
are hereby acknowledged, the Paries intending to be legally bound hereby, agree as follows:
Section 2. Withn 30 days of the Effective Date, QC and Customer will enter into an
amendment to the Paries' ICA in each state in the form set fort in Atthment A. Qwest agrees
to implement the terms of the amendment no later than March 24,2011. Upon execution of ths
Agreement, . Customer agrees that this amendment satisfies the Customer Claims and that it will
seek no fuer relief in the Minnesota 1066 Docket regarding xDSL issues as listed in the
November 2009 Joint CLEC comments.
Section 3. Notwthtading the confdentiality provision in Section 7~ the Paries will cooperate
to submit this Agreement to the state commssion in each state as a settlement of a historic
dispute. The Paries will also cooperate to submit an executed version of Attchment A for each
state, and QC will request approval by the applicable commission of tht negotiated amendment
pursuat to Section 252 of the Telecom Act. The date of commission approval of that
. amendment shall be the" Approval Date".
Januar 17, 2011/deb-kjc/McLeod/Settlement Agreement
January 17, 2011/deb-kjcfMcLeod/Settlement Agreement
January 17, 2011/deb-kjc/11cLeod/Settlement Agreement
January 17, 2011/deb-kjc/McLeod/Settlement Agreement
IN WITNESS WHREOF~ the paries have executed this Agreement
By: da=~'
Name: L TC ÙitelA ~11
Title: Vi'iiec". ~ íJpWe-
Date: tl &1i
MCLEOD TELECOMMUNICATIONS
SERVICES, LLC. DBA PAETEC
BUSINSS SERVIC:'BY:~
Name: V, ,/.1,.11 ,(lk
Title: Ú r~ Ve P(a1ø/. G ~
Date: I.. I if-II
QWEST CORPORATION
Januar 17, 2011/deb-kjc/McLeod/Settlement Agreement
ATTACHMENT A
Unbundled Loops Used to Provide xDSL Services Amendment
to the Interconnection Agreement between
Qwest C_tion and
for the State of _
This is an Amendment ("Amendment") to the In~ement between QW. est
Corporation ("Qwest"), a Colorado corporation, and ~ ("CLEC"). Qwest and
CLEC shall be referred to jointly as the "Parties."
RECITALS
~ the Parties entered into an Interconnection Agreement ("Agreement") in the state of
~J, which was approved by the Commission;
WHEREAS, the Parties agree to amend the Agreement further under the terms and conditions
contained herein.
AGREEMENT
NQW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and suffciency of
which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding terms and conditions relating to xDSL Capable
Loops, as set forth in Attachments 1-3 and Exhibit A to this Amendment, attached hereto and
incorporated herein by this reference. The Parties agree the terms in this document are for the
limited purposes òf this Amendment. CLEC and Qwestreserve their nghts to assert different
language and/or term(s) in other contexts.
Qwest wil restore Asymmetric Digital Subscriber Line ("ADSL"), including the NC code of LXR-,
which Qwest previously grandparented. Qwest wil reverse changes made via its Change
Request ("CR") (CR #PC121106-1). Qwest wil not re-notify or implement the changes initially
announced in its March 13, 2009 notice (PROS.03.13.09.F.06150.LoopQuaICLECJobAid_V25)
that Qwest did not implement (but indicated in its April 3, 2009 Response it wil re-notify.
Qwest wil not take actions, or make statements in notices to CLECs, that are inconsistent with
Qwest's obligation, under 47 C.F.R. § 51.319(a)(8), to not engineer the transmission capabilties
of its network in a manner, or engage in any policy, practice, or procedure, that disrupts or
degrades access to the local loop.
Intrabuilding cable is not addressed in this Amendment. CLEC and Qwest reserve their rights
with respect to intrabuilding cable.
Datelinitials/CLECIxDSL Amd/State
Amendment to CDS-OOOO-OOOO 1
ATTACHMENT A
Effective Date and Implementation Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties agree to begin implementation of the provisions of this Amendment upon execution.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
Except as provided in the Agreement, this Amendment may not be further amended or altered,
and no waiver of any provision thereof shall be, effective, except by written instrument executed
by an authorized representative of both Parties.
Entire Agreement
Other than the publicly filed Agreement and its Amendments, Qwest and CLEC have . no
agreement or understanding, written or oral, relating to the terms and conditions of Attachments
1-3 and Exhibit A in the State of_.
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.-Qwest Corporation
Signature Signature
Name Printedrryped
L. T. Christensen
Name Printedrryped
Title
Director - Wholesale Contracts
Title
Date Date
Datelinitials/CLECIxDSL Amd/State
Amendment to CDS-OOOo-OOOO 2
ATTACHMENT A
ATTACHMENT 1
NOTE: The numbering in this Attachment 1 (which may not be consecutive) is used as
a convenience to the Parties and may not be related to the numbering of the remainder
of the Agreement.
2.0 Interpretation and Construction
2.3 Unless otherwise specifically determined by the Commission, in cases of
conflict between the Agreement and awest's Taris, PCAT, methods and procedures,
technical publications, policies, product notifications or other awest documentation
relating to awest's or CLEC's rights or obligations under this Agreement, then the rates,
terms and conditions of this Agreement shall' prevail. To the extent another document
abridges or expands the rights or obligations of either Party under this Agreement, the
rates, terms and conditions of this Agreement shall prevaiL.
4.0 Definitions
Defined terms used but not defined in this Amendment are as defined in the Agreement.
To the extent that a term is defined in both the Agreement and Section 4.0 of this
Amendment, the definition in the' Agreement is deemed deleted, and that definition is
replaced with the definition in this Section 4.0 of this Amendment, unless the definition
below indicates otherwise.
For purposes of the Agreement and this Amendment, the following terms are defined as
follows:
"ADSL Compatible Loop" means the unbundled Loop complies with technical
parameters of the specified Network Channel/Network Channel Interface codes
as specified in the relevant technical publications and industry standards for
Asymmetric Digital Subscriber Line ("ADSL"), which is further described in the
definition of Digital Subscriber Loop. awest makes no assumptions as to the
capabilties of CLEC's Central Offce equipment or the Customer Premises
Equipment. CLEC orders ADSL Compatible Loops using the LXR- NC code.
"Best Available Pair" means, for facilties assignment purposes, the Loop that
has the least Estimated Measured Loss ("EML") and that is assigned taking into
account the least amount of Conditioning, as described in Section 9.2.2.3.5.1.
"Bridged Tap" means the unused sections of a twisted pair subtending the Loop
between the end user customer and the Serving Wire Center or extending
beyond the end user customer. Regarding stub cable, see Section
9.2.2.3.5.2.5.1.1.1.
"Condition" or "Conditioning" has the meaning set forth in 47 C.F.R. §51.319 and
as interpreted in the rules and orders of the Federal Communications
Commission ("FCC"). Conditioning includes when awest dispatches personnel
Datelinitials/CLECIxDSL Amd/State
Amendment to CDS-OOOO-OOOO 3
ATIACHMENTA
and removes at least load coils, low pass fiters, range extenders, any single
Bridged Tap(s) greater than 2000 feet, total Bridged Tap(s) greater than 2500
feet, any Near-End Bridged Tap(s), and any Far-End aridged Tap(s) from a
copper unbundled loop or Subloop. Different rates and terms apply to Remove
All Conditioning, as that term is defined in this Amendment.
"Digital Subscriber loop," "DSl," .xDSl," or "xDSl Service" refers to a set of
service-enhancing copper technologies that are designed to provide digital
services over copper loops or Subloops either in addition to or instead of analog
voice service including, but not limited to, the following types of xDSl Service,
and successor or successive (e.g., HDSl, HDSl2, HDSl4) technologies:
"ADSl" or "Asymmetric Digital Subscriber line" is a Passband digital
loop transmission technology that typically permits the transmission of up
to 8 Mbps downstream (from the Central Ofice to the End User
Customer) and up to 1 Mbps digital signal upstream (from the End User
Customer to the Central Offce) over one (1) copper pair.
"ADSl2" and ADSl2+" refer to technologies that extend the capability of
ADSl in data rates up to 24 Mbit/s downstream and 3.5 Mbit/s
upstream. ADSl2+ may achieve rates of 24 Mbps on telephone lines
as long at 5,000 feet. ADSl2+ solutions wil interoperate with ADSl and
ADSl2, as well as with ADSl2+. ADSl2 is based on ITU standard
G.992.3, and ADSl2+ is based on ITU standard G.992.5.
"HDSl" or "High-Data Rate Digital Subscriber line" is a synchronous
baseband DSl technology operating over one or more copper pairs.
HDSl can offer 784 Kbps circuits over a single copper pair, T1 service
over two (2) copper pairs, or future E1 service over three (3) copper pairs.
"HDSl2" or "High-Data Rate Digital Subscriber line 2" is a synchronous
baseband DSl technology operating over a single pair capable of
transporting a bit rate of 1.544 Mbps.
HDSl4" or "High-Data Rage Digital Subscriber line 4" is a synchronous
baseband DSl technology operating over two copper pairs and . is
capable of transporting an aggregate bit rate of 1.544. This transport
offers extended reach in comparison to HDSl2.
"IDSl" or "ISDN Digital Subscriber line" or "Integrated Services Digital
Network Digital Subscriber line" is a . symmetrical, baseband DSl
technology that permits the bi-directional transmission of up to 128 Kbps
using ISDN CPE but not circuit switching.
"RADSl" or "Rate Adaptive Digital Subscriber line" is a form of ADSl
that can automatically assess the condition of the loop and optimize the
line rate for a given line quality.
"SDSl" or "Symmetric Digital Subscriber line" is a baseband DSL
transmission technology that permits the bi-directional transmission from
up to 160 kbps to 2.048 Mbps on a single pair.
Datelinitials/CLECIxDSL Amd/State
Amendment to CDS-OOOO-OOOO 4
ATTACHMENT A
"SHOSL" or "Singe-Pair High Speed OSLo provides for sending and
receiving high-speed symmetrical data streams over a single pair of
copper wires. The SHOSL payload may be 'clear channel' (unstructured),
T1 or E1 (full rate or fractional), multiple ISDN Basic Rate Access (BRA),
Asynchronous Transfer Mode (A TM) cells, or Ethernet packets.
"G.SHOSL" or "Symmetric High Bit Rate OSL" features symmetrical data
rates from 192 kbit/s to 2,304 kbit/s of payload in 64 kbits increments per
pair. "E.SHOSL" or "Extended Singe-Pair High Speed OSL" offers
symmetrical data rates of up to 5,696 kbit/s in 64k increments per a pair.
SHOSL is based on ITU standard G.991.2 with additional coverage of
E.SHOSL in 802.3ah.
"VOSL" or ''Very High Speed Digital Subscriber Line" is a baseband OSL
transmission technology that permits the transmission of up to 52 Mbps
downstream (from the Central Ofice to the End User Customer) and up
to 2.3 Mbps digital signal upstream (from the End User Customer to the
Central Offce). VDSL can also be 26 Mbps symmetrical, or other
combination.
"Embedded Base xOSL Capable Loop" refers to an xDSL Capable Loop
(including ADSL Compatible Loop and Non-Loaded Loop) installed for CLEe
before the Final Implementation Date of this Amendment.
"Estimated Measured Loss" or "EML" is an estimate based on a mathematical
formula or algorithm and individual Loop make up. EML estimates how a
requested Loop is likely to perform at the applicable specifications for a specified
xDSL Service. EML is used to calculate insertion loss for various xDSL
technologies based on Loop make up information in Qwest records. EML is
described further in Section 9.2.2.3.5.1.
"Far-End" and/or "Near-End" Bridged Tap means Bridged Tap within 1,000 feet
of the end user customer location or within 1,000 feet of the main distribution
frame in the Central Ofice.
"LXR- xDSL Capable Loop" means an' xDSL Capable Loop that is associated
with the NC Code of "LXR-," including the.codes identifed with a Qwest LXR- NC
code in Attachment 2 to this Amendment. LXR- xDSL Capable Loops include
Loops with any of the NCI codes used in association with an LXR- NC code to
identify the type of xOSL Service. LXR- xOSL Capable Loops are sometimes
referred to as AOSL Compatible Loops.
"LX-N xDSL Capable Loop means an xDSL Capable Loop that is associated with
the NC Code of "LX-N," including the codes identified with a Qwest LX-N NC
code in Attachment 2 to this Amendment. LX-N xOSL Capable Loops include
Loops with any of the NCI codes used in association with an LX-N NC code to
identify the type of. xOSL Service. LX-N xOSL Capable Loops are sometimes
referred to as Non-Loaded Loops.
Datelinitials/CLEC/xDSL Amd/State
Amendment to CDS-OOOO.OOOO 5
ATIACHMENTA
"Near-End" Bridged Tap - See Far-End and/or Near-End Bridged Tap
"Network Channel" or "NC.codes identify the technical details of channels
provided by a Carrier, from the Point of Termination (POT) at another Carriets
Point of Presence (POP) to the central offce.
"Network Channel Interface" or "NCI" codes identify interface elements such as
physical conductors, protocol, impedance, protocol options, and transmission
leveL. points that reflect physical and electrical characteristics located at a POT at
the switch or customer location. The NCI code communicates to Qwest the
character of the signals CLEC is connecting to the network at each end-point of
the metallic circuit. The NCI code tells Qwest of CLEC's specific technical
requirements at a nétwork interface. The NCI code indicates the type of xDSL
Service to be deployed on the requested Loop or Subloop.
"Non-Embedded Base xDSL Capable Loop. refers to an xDSL Capable Loop
(including ADSL Compatible Loop and Non-Loaded Loop) installed for CLEC on
or after the Final Implementation Date of this Amendment.
"Performance Parameter Tests. means the threshold tests that Qwest wil
perform for Loops and Subloops used to provide xDSL Services, as set forth in
Sections 9.2.2.3.5.3.1 and 9.2.2.3.5.4.2 of this Amendment.
"Remove All Conditioning" means Qwest dispatches personnel and removes all
Bridged Taps, as well as any load coils, low pass filters, and range extenders,
from a copper unbundled Loop or Subloop.
"xDSL Capable Loop. refers to 2-wire and 4-wire copper Loop(s) and copper
Subloop(s) that transmit the digital signals needed to provide xDSL Service.
Unbundled digital Loops may be provided using a variety of transmission
technologies pursuant to the Agreement. For purposes of this Amendment,
.xDSL Capable Loops. is used to refer specifically to Loops and Subloops used
to provide narrowband or broadband services (or both) to customers served by
copper Loops and Subloops (including those that are in active service and those
that are deployed in the network as spares).
"xDSL Service. - See definition above for Digital Subscriber Loop.
9.0 Unbundled Network Elements
9.2.2.3.5 xDSL Capable Loops
9.2.2.3.5.1 Assignment of Facilties . xDSL Capable Loops. Qwest wil assign
facilities for xDSL Capable Loops using the criteria described in this Section.
9.2.2.3.5.1.1 Qwest wil take into account the NC code and the NCI code when
assigning facilties for xDSL Capable Loops.
Date/initials/CLEC/xDSL Amd/State
Amendment to CDS-DODO-DODO 6
ATTACHMENT A
9.2.2.3.5.1.2 For Loops 4,000 feet in length or longer, Qwest wil assign the
Best Available Pair using the criteria descnbed in this Section.
9.2.2.3.5.1.2.1 Qwest wil calculate Estimated Measured Loss ("EML")
and assign Loops based on least EML. Qwest wil calculate EML in each
case using the following steps with respect to Conditioning assumptions:
9.2.2.3.5.1.2.1.1 First, Qwest wil assume no Conditioning is
needed. Second, if no qualifying Loop is otherwise available and
CLEC pre-approved Conditioning, Qwest wil re-calculate EML
assuming Conditioning is needed. Finally, if no qualifying Loop is
otherwise available and CLEC pre-approved Remove All
Conditioning, Qwest wil re-calculate EML assuming Remove All
Conditioning is needed.
9.2.2.3.5.1.2.1.2 CLEC's pre-approval of Conditioning wil not
have any negative impacts òn CLEC's service request. Qwest wil
still attempt to locate and assign facilties that do not require
Conditioning or, when Conditioning is needed, require the least
amount of Conditioning.
9.2.2.3.5.1.2.2 In the case of each Loop assigned, Qwest wil provide
the EML used by Qwest to assign the Loop to CLEC on the Design
Layout Record ("DLR").
9.2.2.3.5.1.2.3 For EML purposes, Qwest wil measure insertion loss at
196 kHz (except ISDN BRI), as described in this Section. The maximum
dB loss parameters used for EML purposes wil vary by type of xDSL
Service as follows:' .
9.2.2.3.5.1.2.3.1 For LXR- xDSL Capable Loops,including ADSL
andADSL2+:
EML :: 81 dB (i.e., 78 dB +3db) at 196 kHz; maximum loss of 81
dB
9.2.2.3.5.1.2.3.2 For 2-wire LX-N xDSL Capable Loops, including
HDSL2, G.SHDSL, and E.SHDSL - NCI codes of 02QB9.00H and
02QB5.00G:
EML:: 31dB (i.e., 28 dB +3db) at 196 kHz; maximum loss of 31
dB
9.2.2.3.5.1.2.3.3 For 4-wire LX-N xDSL Capable Loops, including
HDSL4 and G.SHDSL - NCI codes of 04QB9.00H, 04QB5.00G,
and 04QB9.00F:
EML :: 34dB (i.e., 31 dB +3db) at 196 kHz; maximum loss of 34
dB
9.2.2.3.5.1.2.3.4 For ISDN BRI, with NCfNCI codes of LX-N
Datelinitials/CLEC/xDSL Amd/State
Amendment to CDS-OOOO-OOOO 7
ATTACHMENT A
02QC5.00S:
EML :: 40 dB at 40 kHz; maximum loss of 40 dB
9.2.2.3.5.1.2.3.5 For all other LX-N xDSL Capable Loops,
including Spectrum Management Classes 1-9, Qwest wil assign
the Best Available Pair using EML measured at 196 kHz (without
a maximum dB loss level), except as described in Section
9.2.2.3.5.1.5. A Loop that fails EML or Actual Measured Loss
(flAML") for the xDSL Services identified in Sections
9.2.2.3.5.1.2.3.1-9.2.2.3.5.1.2.3.3 may meet EML and/or AML for
the xDSL Services identified in this Section 9.2.2.3.5.1.2.3.5.
9.2.2.3.5.1.3 For Loops shorter than 4,000 feet, Qwest wil assign facilties using
the criteria described in this Section.
9.2.2.3.5.1.3.1 If the facilties available for assignment to the same
location do not all have the same cable gauge, Qwest wil assign the Best
Available Pair pursuant to the criteria in Section 9.2.2.3.5.1.2.
9.2.2.3.5.1.3.2 If the facilties available for assignment all have the same
cable gauge, Qwest wil assign any pair in the cross box and terminal,
subject to Section 9.2.2.3.5.1.3.3.
9.2.2.3.5.1.3.3 If CLEC requests multiple Loops to the same location, all
Loops wil have the same Loop make-up, including Loop lengths.
9.2.2.3.5.1.3.3.1 If Loops having the same Loop make-up are not
available for all of the multiple Loops to the same location, Qwest
wil assign as many of these Loops as possible with the same
Loop make-up, including Loop lengths. For remaining Loops
shorter than 4,000 feet, if any, Qwest wil assign any pair in the
cross box and terminaL.
9.2.2.3.5.1.4 Loops and Subloops that require Conditioning, as well as Loops
and Subloops that fail EML, fall out of the automatic facilties assignment
process. Qwest wil follow the manual steps for copper loop assignment, as
applicable.
9.2.2.3.5.1.4.1.1 If, after the manual steps for copper loop
assignment and Conditioning, no loop meets the criteria described
above for facilties assignment, Qwest wil validate that there is no
such loop. . Qwest wil notify CLEC using the jeopardy notification
process. CLEC may supplement its service request either to
modify it or to cancel it. If CLEC does not supplement its service
request, Qwest wil cancel it consistent with the held order terms
in the Agreement.
Date/initials/CLEC/xDSL Amd/State
Amendment to CDS-DODO-DODO 8
ATTACHMENT A
9.2.2.3.5.1.4.1.2 Regarding Subloops generally, to the extent
that processes and procedures for Subloops are different from, or
more manual than, the processes and procedures for Loops, the
Parties wil work together to develop mutually agreeable
processes for Subloops.
9.2.2.3.5.1.5 For Non-Embedded Base xDSL Capable Loops, Qwest wil not
assign any Loop that exceeds a length of 18,000 feet for LXR- xDSL Capable
Loops or 22,000 feet for LX-N xDSLCapable Loops. If, however, changes in
technologies or industry standards occur that allow CLEC to reasonably use
Loops in excess of one or both of these Loop lengths for providing advanced
services, Qwest wil assign xDSL Capable Loops in excess of the affected Loop
length(s) consistent with those standards when requested by CLEC.
9.2.2.3.5.2 Conditioning - xDSL Capable Loops.
9.2.2.3.5.2.1 CLEC may indicate on its service request that it pre-approves
Conditioning (Conditioning, and/or Remove All Conditioning) in the event
Conditioning is necessary. Upon CLEC pre-approval or approval of Conditioning
(except as provided in Section 9.2.2.3.5.2.3), and only if Conditioning is
necessary, Qwest wil dispatch personnel to Condition the Loop.
9.2.2.3.5.2.1.1 If CLEC pre-approves Remove All Conditioning and
Qwest performs Remove All Conditioning, Qwest wil bil only one charge
(the Remove All Conditioning charge) for Conditioning, even though
CLEC may also have pre-approved Conditioning on its service request.
9.2.2.3.5.2.1.2 IfCLEC has not pre-approved Conditioning, Qwest wil
obtain CLEC's consent prior to undertaking any Conditioning efforts,
except in the scenario described in Section 9.2.2.3.5.2.3.
9.2.2.3.5.2.1.3 See Section 9.2.2.3.5.1.2.1.2 regarding pre-approval and
facilities assignment.
9.2.2.3.5.2.2 Remove All Conditioning During Loop Delivery and Acceptance,
When Requested by CLEC but Not Pre-Approved. (After service order
completion, see Sections 9.2.2.3.5.2.4 and 9.2.2.3.5.4 regarding Repair.)
9.2.2.3.5.2.2.1 If CLEC does not indicate on its initial service request
that it pre-approves Remove All Conditioning and then, during Loop
delivery and acceptance (e.g., upon receiving test results), CLEC
requests Remove All Conditioning, if the Qwest technician is stil available
(so that an additional dispatch is not required), Qwest wil performRemove All Conditioning, and CLEC wil pay only the Remove All
Conditioning charge for Conditioning.
Date/initials/CLEC/xDSL Amd/State
Amendment to CDS-DODO-DODO 9
ATTACHMENT A
9.2.2.3.5.2.2.1.1 Qwest wil use the Provider Initiated Activity
("PIA") field on the Firm Order Confirmation ("FOC") to
communicate changes. Qwest made to the service order that are
different from what CLEC requested on the service request (i.e., to
indicate Remove All Conditioning).
9.2.2.3.5.2.2.1.2 No CLEC service request, supplement, or
supplemental service request is required in this circumstance.
9.2.2.3.5.2.2.2 Alternatively (or if the terms of Section 9.2.2.3.5.2.2.1 are
not met), if CLEC does not indicate on its initial service request that it pre-
approves Conditioning or Remove All Conditioning and then, during Loop
delivery and acceptance, CLEC desires such conditioning, CLEC may
elect to supplement its service request to request the desired
conditioning.
9.2.3.5.2.2.3 If CLEC pre-approves Conditioning but not Remove All
Conditioning and Qwest performs Conditioning, Qwest may charge CLEC
for both Conditioning and Remove All Conditioning if: (1) Qwest performs
Conditioning, (2) the scenario described in Section 9.2.2.3.5.3.2 does not
apply, and (3) CLEC later requires Qwest to perform another dispatch
and perform Remove All Conditioning.
9.2.2.3.5.2.3 Remove All Conditioning During Loop Delivery and Acceptance,
When Not Approved. (After service order completion, see Sections 9.2.2.3.5.2.4
and 9.2.2.3.5.4 regarding Repair). In the single scenario described in this
Section, Qwest may perform and charge CLEC for Remove All Conditioning,
even though CLEC has neither pre-approved nor approved Remove All
Conditioning. In this scenario, Qwest wil charge only one charge (the Remove
All Conditioning charge) for Conditioning.
9.2.2.3.5.2.3.1 The no approval for Remove All Conditioning situation
may occur only after both (1) CLEC has pre-approved Conditioning (or, if
it did not pre-approve it, CLEC has supplemented its service request to
approve it after receiving a jeopardy or reject notice indicating
Conditioning is required), and (2) Qwest has performed Conditioning, but
such Conditioning does not bring the loop within the applicable dB level
and therefore Remove All Conditioning is required to meet the applicable
dB leveL.
9.2.2.3.5.2.3.2 If during Loop delivery and acceptance Qwest conducts
the Performance Parameter Tests or other tests as described in Section
9.2.2.3.5.3.1 and, even though the applicable EML was achieved during
facilties assignment, actual testing shows that the applicable dB level (as
set forth in Section 9.2.2.3.5.4.3 and Attachment 3) cannot be achieved
without Remove All Conditioning (i.e., removal of Bridged Taps would
bring the Loop within the applicable dB level), Qwest may perform and
Date/initialslCLECIxDSL Amd/State
Amendment to CDS-OOOO-OOOO 10
ATTACHMENT A
charge CLEC for Remove All Conditioning, even though CLEC has
neither pre-approved nor approved Remove All Conditioning.
9.2.2.3.5.2.3.3 In the scenario described in Section 9.2.2.3.5.2.3.2, if
CLEC has enrolled in Provider Test Access ("PTA"), within three (3)
business days, Qwest will provide before and after test results in writing
to CLEC which confirm that Remove All Conditioning was required to
bring the Loop within the applicable dB leveL. Qwest wil provide the
before and after test results via PTA, so that CLEC may access them
electronically. If Qwest faits to provide complete written before and after
test results as described in this Section within three (3) business days,
Qwest shàll not charge CLEC for performing Remove All Conditioning.
9.2.2.3.5.2.4 Conditioning During Repair.
9.2.2.3.5.2.4.1 CLEC may request Conditioning or Remove All
Conditioning when submitting a trouble report. No CLEC service request,
supplement, or supplemental request is required. Qwest wil apply the
applicable charges for conditioning, using the rates in Exhibit A to this
Amendment.
9.2.2.3.5.2.4.1.1 When Qwest performs Remove All Conditioning
during Repair, Qwest wil attempt to condition the Loop and cl~ar
the trouble within four (4) hours of receipt of the trouble report,
except as provided in Section 9.2.2.3.5.2.5.1.2.1. When Qwest
performs Remove All Conditioning during Repair, the 4-hour
Repair còmmitment time described in Section 9.2.2.3.5.4.5 does
not apply, however. In addition, CLEC's trouble report wil be
excluded from MR-5 (All Troubles Cleared Within 4 Hours) in the
Performance Indicator Definitions (PIDs) in Exhibit B to the
Agreement. Qwest wil code Remove All Conditioning to an
. excluded code, which does not identify CLEC or CLEC's customer
as the cause of the trouble.
9.2.2.3.5.2.4.2 Because Embedded Base xDSL Capable Loops, by
definition, were installed before the Final Implementation Date of this
Amendment, Conditioning will occur in the context of Repair for
Embedded Base xDSL Capable Loops.
9.2.2.3.5.2.5 Exclusions. If an Exclusion pursuant to Section 9.2.2.3.5.2.5.1.1
applies, Qwest wil notify CLEC of the Exclusion via jeopardy notice, reject
notice, or Customer Electronic Maintenance and Repair (CEMR) (or successor
system), as applicable, and CLEC may elect to request a different Loop. (If no
compatible Loop is available, see Section 9.2.2.3.5.1.4.1.1.) If an Exclusion
pursuant to Section 9.2.2.3.5.2.5.1.2 applies, Qwest may not reject the request
and must perform Remove All Conditioning, but the charge may vary as
described in Section 9.2.2.3.5.2.5.1.2.1. If a dispute arises as to whether an
Exclusion applies, Qwest bears the burden of proof.
Date/initials/CLECIxDSL Amd/State
Amendment to CDS-OOOO-OOO 11
ATTACHMENT A
9.2.2.3.5.2.5.1 Nothwithstanding anything that may be to the contrary in
this Amendment, the following Exclusions apply to Conditioning, subject
to Section 9.2.2.3.5.2.5.2.
9.2.2.3.5.2.5.1.1 Exclusions to Conditioning. Qwest is not
required to remove the following Stub Cable or Bridged Taps,
unless Qwest removes them for itself or its retail customers:
9.2.2.3.5.2.5.1.1.1 Stub Cable. Stub Cable is short
lengths (not to exceed 50 feet) of cable that may have
been placed in feeder or distribution plant for ease of
future additions or changes. Cable or other plant identified
as Bridged Tap in Qwest loop make up records is not Stub
Cable' for purposes of this Amendment, unless Qwest
promptly provides ClEC with mutually agreeable verifying
documentation that demonstrates that the device is Stub
Cable as described in this Section 9.2.2.3.5.2.5.1.1.1 and
is not Bridged Tap (i.e., the loop make up records are
inaccurate).
9.2.2.3.5.2.5.1.1.2 Bridged Tap in Inaccessible Plant -
Buried. Inaccessible Plant - Buried means a Direct Buried
Splice Enclosure that it is not technically feasible to
access.
9.2.2.3.5.2.5.1.1.3 Bridged Tap in Inaccessible Plant -
Safety. Inaccessible Plant - Safety means specific plant
for which access has been restricted on safety grounds by
a regulatory agency, such as the Occupational Safety and
Health Administration ("OSHA"), or by a Commission or
court order addressing the specific plant in issue. If Qwest
has a permitto access the plant, with no safety restriction,
the plant is not excluded as inaccessible. In the event of
an emergency that does not fall within this description but
poses safety dangers to personnel, Qwest and ClEC wil
work together to resolve the issue on a case-by-case
basis.
9.2.2.3.5.2.5.1.2 Exclusions to Performing Remove All
Conditioning for the Remove All Conditioning rate set forth in
Exhibit A. When the following circumstances exist, Qwest wil
perform Remove All Conditioning and charge for it as follows:
9.2.2.3..5.2.5.1.2.1 More Than Eight (8) Hours of Qwest
Technician Time. If more than eight (8) hours of technician
time is required to perform Remove All Conditioning,
Qwest wil provide ClEC with a description of work and
Datelinitials/CLEC/xDSL Amd/State
Amendment to CDS-OOOO-OOOO 12
ATTACHMENT A
not-to-exceed quotation for charges for Qwest technician
time in excess of eight (8) hours in Qwests response to
ClEC's service request or trouble report. Qwest wil
provide the quotation as soon as reasonably possible but
no later than within four (4) business days of receiving
ClEC's service request or within one (1) business day of
receiving ClEC's trouble report. To the. extent that Qwest
incurs fees for permits that are exclusive to ClEC's
request for Remove All Conditioning and under which
Qwestwil perform no other activity, Qwest may include the
amount of the permitting fee(s) in the quotation, provided
Qwest also provides documentation of the permitting fee
use and expense to ClEC. If ClEC accepts the quotation
and Qwest performs Remove All Conditioning, Qwest may
charge ClEC for. the Remove All Conditioning rate
described in Exhibit A to this Amendment, technician time
in excess of eight (8) hours at the applicable half hourly
rate in Exhibit A to the Agreement, and such documented
permitting fees, if any.
9.2.2.3.5.2.5.2 The Exclusions in Section 9.2.2.3.5.2.5 are intended to
be narrow exclusions that occur relatively rarely. The Parties have
agreed to the negotiated terms in this Amendment, including the rates in
Exhibit A, in part based on this assumption made by both Parties.
9.2.2.3.5.2.5.2.1 Regarding the Exclusions pursuant to Section
9.2.2.3.5.2.5.1.1, if after implementation of this Amendment this
assumption is inconsistent with actual practice, the Parties reserve
the nght to request amendment of the Agreement, including
changes to the rates, terms, and conditions of this Amendment.
9.2.2.3.5.2.5.2.2 Regarding the Exclusions pursuant to Section
9.2.2.3.5.2.5.1.2, the Parties agree to meet on an annual basis to
review the instances of Remove All conditioning requiring more
than Eight (8) hours of technician time to perform, that exceed the
greater of 10 instances or ten percent (10%) of all Remove All
conditioning performed on behalf of ClEC in a state, and wil
mutually determine if it is appropriate to make adjustments to the
technician time cap, the level of instances requiring greater than
Eight (8) hours or the rate for Remove All Conditioning.
9.2.2.3.5.2.6 See Section 9.2.3.11 below regarding Conditioning Rate
Elements.
9.2.2.3.5.3 Loop Delivery and Acceptance. xDSL Capable Loops. Although an
estimate is used for facilities assignment purposes, loop delivery and acceptance will be
based upon actual testing.
Datelinitials/CLECIxDSL Amd/State
Amendment to CDS-OOOo-OODO 13
ATTACHMENT A
9.2.2.3.5.3.1 Qwest wil conduct the threshold tests set forth in Attachment 3 to
this Amendment, at the levels descnbed in Attachment 3 (Performance
Parameter Tests) as needed to deliver a properly working Loop. If Qwest
conducts other tests when performing such testing for itself or its retail
customers, Qwest wil also perform those tests for CLEC. When lack of access
to CLEC's central offce equipment precludes Qwest from performing the same
tests that Qwest performs for itself or its retail customers, however, Qwest wil
perform comparable tests for CLEC.
9.2.2.3.5.3.1.1 Qwest wil perform testing using an insertion loss
measured at 196 kHz. The dB loss parameters used to test and validate
Actual Measured Loss (AML) wil vary by type of xDSL Service, as
described in Section 9.2.2.3.5.4.3.1. Qwest wil provision a Loop meeting
at least the performance parameters specified in Attachment 3.
9.2.2.3.5.3.1.1.1 If upon testing the Loop does not meet the
performance parameters specified in Attachment 3, Qwest wil
take action to bring the Loop within those parameters before Loop
. acceptance. If meeting the parameters requires Conditioning, see
Section 9.2.2.3.5.2.
9.2.2.3.5.3.1.1.2 Failure to Meet AML Due to Incorrect
Information in Qwest Records, Including Loop Make Up records.
9.2.2.3.5.3.1.1.2.1 Qwest wil attempt to resolve any
issues resulting from inaccuracies in Qwests records (e.g.,
discrepancies between EML and AML) to ensure timely
delivery of a Loop. (Qwest may, for example, correct its
records and re-calculate EML based on correct
information.) Regardless of any inaccuracies in the
records, if AML is met (e.g., AML is below the applicablemaximum dB level, as described in Section
9.2.2.3.5.4.3.1), the records discrepancy is not a basis for'
not delivenng the Loop.
9.2.2.3.5.3.1.1.2.2 If failure to meet AML is both (1)
caused by incorrect information in Qwests records (e.g.,
Loop make up records), and (2) Qwest cannot resolve the
discrepancy (such as an inaccurate indication of Loop
length in Qwest records that cannot be resolved), then
Qwest wil notify CLEC of the discrepancy and the cause of
the discrepancy (e.g., the actual Loop length is longer than
the maximum length allowable under AML) before Loop
delivery.
9.2.2.3.5.3.1.1.2.2.1 Qwest will send a jeopardy
notice to CLEC for the defective Loop, attempt to
identify a compatible Loop and, if available, deliver
Datelinitials/CLEC/xDSL Amd/State
Amendment to CDS-OOOO-OOOO 14
ATTACHMENT A
a different Loop that meets the performance
parameters. If no other compatible Loop is
available after the manual steps for copper Loop
assignment, Qwest will provide CLEC with a
jeopardy notice for no available facilties.
9.2.2.3.5.3.1.1.2.3 Qwest wil correct its records to
indicate accurate information.
9.2.2.3.5.3.2 When Qwest completes testing, Qwest will provide CLEC with test
results for all of the types of tests performed for each delivered xDSL Capable
Loop, including each of the Performance Parameter Tests. This obligation to
provide test results applies when CLEC orders xDSL Capable Loops via any
Provisioning Option. When Qwest completes its tests, Qwest wil provide the test
results to CLEC before Loop acceptance in a mutually agreeable manner that
allows CLEC either to' view posted results electronically or to designate the
personnel to receive the results by email, such as via Qwests Provider Test
Access. ("PTA") or similar email system. When requested, Qwest wil also
provide the test results orally.
9.2.2.3.5.3.3 See Sections 9.2.2.3.5.2.2 and 9.2.2.3.5.2.3 regarding
Conditioning during Loop delivery and acceptance.
9.2.2.3.5.4 Repair. xDSL Capable Loops. Repairs may occur shortly after service
order completion or later (e.g., after a CLEC customer has been receiving service from
CLEC for a longer period of time). The terms and conditions for Repair are the same for
Embedded Base xDSL Capable Loops and Non-Embedded Base xDSL Capable Loops,
except as described in Sections 9.2.2.3.5.4.6 and 9.2.2.3.5.4.7. Although an estimate is
used for facilties assignment purposes, Repair wil be based upon actual testing,
including Actual Measured Loss ("AML").
9.2.2.3.5.4.1 Qwest wil take into account the NC code and the NCI code when
Repairing xDSL Capable Loops.
9.2.2.3.5.4.2 Qwest will conduct the Performance Parameter Tests set forth in
Attachment 3 to this Amendment (which is not an exhaustive list) as needed to
fully resolve the trouble. If Qwest conducts other tests for itself or its retail
customers when performing such testing and Repairs, Qwest will also conduct
those tests for CLEC. When lack of access to CLEC's central offce equipment
precludes Qwest from performing the same tests that Qwest performs for itself or
its retail customers, however, Qwest wil perform comparable tests for CLEC.
Other testing may be needed to repair a Loop so that it performs consistent with
industry standards for the type of xDSL Service deployed. If the trouble is not
resolved, CLEC may escalate directly to its Qwest service manager, who wil
immediately escalate internally to ensure needed testing is identified and
conducted to resolve the trouble. Tests to be performed after escalation may
include, for example, wideband noise and impulse noise, if not performed earlier
Date1nitials/CLEC/xDSL Amd/State
Amendment to CDS-oOOO.OOOO 15
ATTACHMENT A
as part of the testing outlined above.. The Qwest Service Manager wil track each
escalation for purposes of Section 9.2.2.3.5.4.6.
9.2.2.3.5.4.3 Qwest wil perform testing using an insertion loss measured at 196
kHz (except ISDN BRI), as described in Section 9.2.2.3.5.4.3.1. As indicated in
Section 9.2.2.3.5.4.3.1, the AML must meet or fall below the maximum AML. In
addition, except for ISDN BRI, with NC/NCI codes of LX-N 02QC5.00S, the AML
may be no more than five (5) dB greater than the EML calculated for the Loop.
9.2.2.3.5.4.3.1 The dB loss parameters used to test and validate Actual
Measured Loss (AML) wil vary as follows:
9.2.2.3.5.4.3.1.1 For LXR- xDSL Capable Loops, including ADSL
and ADSL2+:
AML = up to 5 dB greater than EML at 196 kHz; maximum loss of
78 dB, if such limit is within test set capabilty.
9.2.2.3.5.4.3.1.2 For 2-wire LX-N xDSL Capable Loops, including
HDSL2, G.SHDSL, and E.SHDSL - .NCI codes of 02QB9.00H and
02QB5.00G:
AML = up to 5 dB greater than EML at 196 kHz; maximum loss ofj
28 dB
9.2.2.3.5.4.3.1.3 For 4-wire LX-N xDSL Capable Loops, including
HDSL4 and G.SHDSL - NCI codes of 04QB9.00H, 04QB5.00G,
and 04QB9.00F:
AML = up to 5 dB greater than EML at 196 kHz; maximum loss of
31 dB
9.2.2.3.5.4.3.1.4 For ISDN BRI, with NC/NCI codes of LX-N
02QC5.00S:
AML ~ 40 dB at 40 kHz; maximum loss of 40 dB
9.2.2.3.5.4.3.1.5 For all other LX-N xDSL Capable Loops,
including Spectrum Management Classes 1-9, Qwest wil measure
AML at 196 kHz (without a maximum dB loss level).
AML = up to 5 dB greater than EML at 196 kHz; no maximum dB
loss
9.2.2.3.5.4.3.1.6 Regarding Embedded Base xDSL Capable
Loops, see Section 9.2.2.3.5.5.1.
9.2.2.3.5.4.4 In the case of every Repair of an xDSL Capable Loop, when
Qwest completes testing, Qwest will provide CLEC with test results for all of the
types of tests performed for each repaired xDSL Capable Loop, including each of
the Performance Parameter Tests performed. This obligation to provide test
results for Repairs applies regardless of the Provisioning Option used by CLEC
when ordering the xDSL Capable Loop. When the tests are performed, Qwest
Date/initials/CLEC/xDSL AmdlState
Amendment to CDS-OOOO-OOOO 16
j
-\
ATTACHMENT A
wil make the test results available through Customer Electronic Maintenance
and Repair (CEMR) or successor system. CLEC may access the results
electronically. When requested, Owest wil also provide the test results to CLEC
orally.
9.2.2.3.5.4.4.1 If Owest fails to provide complete test results as descnbed
in Section 9.2.2.3.5.4.4, Owest shall not code the Repair to CLEC or
CLEC's customer when assigning a disposition code. The trouble is
considered in Owests network for disposition and biling purposes.
9.2.2.3.5.4.5 Owests Repair commitment time for xDSL Capable Loops is four
(4) hours, except as provided in Section 9.2.2.3.5.2.4.1.1.
9.2.2.3.5.4.6 Owest and CLEC wil meet to review the root cause analysis as
performed by Owest of the troubles escalated pursuant to Section 9.2.2.3.5 and
mutually determine if other tests are appropriate to add to Attachment 3 for a
type of xDSL Service.
9.2.2.3.5.4.7 See Section 9.2.2.3.5.2.4 regarding Conditioning during Repair.
9.2.2.3.5.5 NC/NCI CODES - xDSL Capable Loops
9.2.2.3.5.5.1 For Embedded Base xDSL Capable Loops, there may be instances when
the NC code and/or NCI code associated with the CLEC customer's xDSL Service
(which has been working for the customer, irrespective of the NC/NCI code(s)
associated with the customets xDSL Service) is not the same as the NC code and/or
NCI code the Parties wil use after the Final Implementation Date. When the need for a
Repair occurs or Spectrum Management issues arise (e.g., after a Owest network
maintenance and modernization activity), however, CLEC may desire a change in the
NC/NCI code(s) to conform it to the NC/NCI code(s) reflected in this Amendment.
Owest may not decline to proceed with Conditioning or with accepting and working to
resolve trouble reports on the grounds that the NC/NCI code(s) are different or need
changing for Embedded Base xDSL Capable Loops.
9.2.2.3.5.5.1.1 For Embedded Base xDSL Capable Loops, when submitting a
trouble report, CLEC may request that Owest change the NC code and/or NCI
code to the applicable NC code and/or NCI code, such as described in
Attachment 2. No CLEC service request, supplement, or supplemental request
is needed to change the NC/NCI code(s) before CLEC submits a trouble report
or before Owest performs the Repair. After submitting a trouble report, CLEC will
promptly submit a service request to change the NC/NCI codes to the xDSL
Service actually deployed on the Embedded Base xDSL Capable Loop. Owest
wil implement the change to the NC code and/or NCI code in Owests records
with no change to the circuit identifier. After processing of the service request,
the circuit history in CEMR (or successor system) wil reflect the change in
NC/NCI code(s) to identify the new NC/NCI code(s). These NC/NCI code
changes do not require project handling.
DatelinitialslCLEC/xDSL Amd/State
Amendment to CDS-oOOO-OOOO 17
ATTACHMENT A
9.2.2.3.5.5.1.1.1 Regarding future changes to NC/NCI codes, see
Section 9.2.2.3.5.5.3.1.
9.2.2.3.5.5.2 For Non-Embedded Base xDSL Capable Loops, the Parties agree to use
the NC/NCI codes as described in Attachment 2 and Section 9.2.2.3.5.5.3. If, after a
Non-Embedded Base xDSL Capable Loop is installed, CLEC desires a change in the
NC/NCI code(s), CLEC wil submit a service request to change the NC/NCI code(s) for
Non-Embedded Base xDSL Capable Loops."'
9.2.2.3.5.5.3 After the Final Implementation Date of this Amendment, CLEC wil order
xDSL Capable Loops using' the applicable NC/NCI codes described in Attachment 2 to
this Amendment.
9.2.2.3.5.5.3.1 Particularly as technologies and industry standards change
over time, NCIISECNCI codes may be added or revised and wil be available to
CLEC. If those NCI/SECNCI codes in any respect replace or modify the codes
identified in Attachment 2, Loops installed before Qwest implementation of such
new or revised NCIISECNCI codes wil continue with the existing NCIISECNCI
codes as though the code were the new code or, if CLEC desires a change to
conform to a revised code, the terms described in Section 9.2.2.3.5.5.1 wil apply
to changes in NCI/SECNCI codes in these circumstances.
9.2.2.3.5.5.3.1.1 For example, at the time of execution of this
Amendment, Qwest has not implemented the Telcordia NCIINCI codes
for HDSL2 (LX-N 02QB9.00E), so CLEC wil order HDSL2 using the
NC/NCI code identified in Attachment 2 (LX-N 02QB9.00H). If Qwest
later implements the Telcordia NC/NCI codes for HDSL2 (LX-N
02QB9.00E), installed CLEC HDSL2 Loops at that time wil continue to be
treated as HDSL2 Loops (for all purposes, including Repair and Spectrum
Management), even though Qwest begins using different NC/NCI codes
for HDSL2. Installed CLEC HDSL2 customers wil be the equivalent of
Embedded Base xDSL Capable Loops at that point for this purpose. See
Section 9.2.2.3.5.5.1. Qwest may not withhold services (e.g.,
Conditioning or trouble report submission) on the grounds that code(s)
need changing (such as via CLEC service request, supplement or
supplemental service request, or a project conversion) in this
circumstance.
9.2.2.8 Loop Qualification/Make Up Information or Tool.
9.2.2.8.8 Qwest wil provide CLEC with: (1) the formula(s)/algorithm(s) that Qwest
uses for calculation of EML, and/or (2) a Loop Qualification tool that calculates insertion
loss for xDSL Capable Loops, using the same formula(s)/algorithm(s) that Qwest uses
for calculation of EML.
9.2.3 Unbundled Loop Rate Elements - xDSL Capable Loops
9.2.3.11 Rate Elements - Conditioning
Datelinitials/CLECIxDSL Amd/State
Amendment to CDS-QOO-oOOO 18
ATTACHMENT A
9.2.3.11.1 The rates for the following rate elements for Conditioning of xDSL
Capable Loops are set forth in Exhibit A of this Amendment.
9.2.3.11.1.1 Conditioning.
9.2.3.11.1.2 Remove All Conditioning.
9.2.3.11.2 The rates for the rate elements in Section 9.2.3.11.1 do not apply
unless Owest dispatches a technician (or other personnel) and performs the
specified Conditioning. If, for example, Owests records indicate that
Conditioning is required but in fact the records are incorrect and therefore none is
performed, no Conditioning charge applies.
9.2.3.11.3 Each of the rates for the rate elements in Section 9.2.3.11.1 may be
applied no more than one time per Loop per CLEC customer at any time before
disconnection. If, for example, CLEC approves Conditioning, Owest removes a
Near-End Bridged Tap, and Owest charges the Conditioning charge, Qwest may
not charge the Conditioning charge again if later it is discovered that a single
Bridged Tap greater than 2000 feet requires removal, because removal of a
single Bridged Tap greater than 2000 feet is included in the one-time
Conditioning charge. Owest wil track payment of Conditioning charges.
9.2.3.11.4 Conditioning is not a prerequisite to Remove All Conditioning. If
CLEC pre-approves Remove All Conditioning or CLEC requests only Remove All
Conditioning and Owest performs Remove All Conditioning, only the Remove All
Conditioning charge applies for Conditioning.
9.2.3.11.5 If, as part of Conditioning, Owest removes all Bridged Taps on the
Loop, only the applicable Conditioning charge applies for Conditioning. The fact
that all Bridged Taps were removed is not a basis for charging the Remove All
Conditioning charge in this situation because, although all of the Bridged Taps
were removed, they were within the definition of Conditioning. For example, if
the only Bridged Tap on a Loop is a Near-End Bridged Tap, removal of that
Bridged Tap (which falls within the Conditioning definition) does not result in a
Remove All Conditioning charge simply because the only (Le., all) Bridged Tap
on the Loop was removed.
9.2.3.11.6 The need to perform Conditioning is considered trouble in Owests
network for purposes of disposition coding' and billng, except as provided in
Section 9.2.2.3.5.2.4.1.1. When Owest charges CLEC the rate(s) in Exhibit A for
Conditioning, Owest may not also cause charges such as Maintenance of
Service charges to apply by coding the need for Conditioning to CLEC or CLEC's
customer.
9.2.6 Spectrum Management - xDSL Capable Loops
Date/initials/CLECIxDSL Amd/State
Amendment to CDS-OOOO-OOOO 19
ATTACHMENT A
9.2.6.10 Advanced services Loop technology wil be deployed, and spectrum and
binder groups will be managed, in accordance with the Act and the Agreement.
9.2.6.11 See Section 9.2.2.3.5.5 regarding NC/NCI codes.
12.4 Maintenance and Repair. xDSL Capable Loops
12.4.1.6.3 When CLEC elects not to perform trouble isolation and CLEC requests
Qwest to perform optional testing, Qwest wil perform at least the Performance
Parameter Tests described in Section 9.2.2.3.5.3.1 and Attachment 3 for xDSL Capable
Loops as needed to isolate and fully resolve the trouble. If trouble is isolated to the
Qwest network, Qwest wil proceed to perform trouble isolation and work to resolve the
trouble. At the time Qwest completes testing, Qwest wil provide the test results to
CLEC electronically. When CLEC does not submit the trouble report electronically,
Qwest will contact CLEC by telephone to provide test results at the time Qwest
completes testing. Qwest wil charge CLEC the applicable optional testing charge.
12.4.1.6.4 Optional testing charges do not apply when CLEC performs trouble
isolation. When CLEC súbmits a trouble report to Qwest with test results isolating
trouble to the Qwest network, Qwest wil not require CLEC to authorize optional testing
charges and Qwest wil not decline to proceed with Repair on the grounds that CLEC
has not authorized optional testing. For xDSL Capable Loops, CLEC test results
isolating trouble to Qwests network may, for example, result from signal-to-noise ratio,
Loop attenuation, margin, circuit resistance, or any of the tests identified in Attachment
3, and may include tests results such as those indicating bad splices, wet cable, opens,
grounds, shorts, or Bridged i'ap. When CLEC reports that CLEC has isolated trouble to
the Qwest network, Qwest wil proceed to perform trouble isolation and work to resolve
the trouble.
12.4.3.5 Qwest Maintenance and Repair and routine test parameters and levels
wil be in compliance with Qwests Technical Publications, which wil be consistent with
Telcordia's General Requirement Standards for Network Elements, Operations,
Administration, Maintenance and Reliabilty and/or the applicable ANSI standard.
Date/initials/CLEC/xDSL Amd/State
Amendment to .CDS-OOOO-OOOO 20
ATTACHMENT A
ATTACHMENT 2:
Qwest NCINCI Code Combinations for LX-N and LXR- xDSL Capable Loops!
NCICode
NC Qwest Customer BRIEF DESCRITION
Code CO-NI EU-NI
ADVANCED DIGITAL TRASPORT-
SPECTUM MAAGEMENT COMPATffLE
LX-N 02QBS.OOI 02DU5.001 Spectr Mangement Class i
LX-N 02QBS.OO2 02DUS.OO2 Spect Management Class 2
LX-N 02QBS.OO3 02DUS.OO3 Spectr Management Class 3
i
LX-N 04QBS.OO3 04DUS.OO3 Spectr Management Class 3
LX-N 02QBS.OO4 02DUS.OO4 Spectr Mangement Class 4
LX-N 02QB9.00S 02DU9.00S Spectr Management Clas 5
LX-N 02QB9.006 02DU9.006 Spectr Mangement Class 6
LX-N 02QBS.OO7 02DUS.OO7 Spectr Management Class 7
LX-N 02QBS.OO8 02DUS.OO8 Spectr Management Class 8
LX-N 02QB9.009 02DU9.009 Spectr Management Class 9
LX-N 04Q:aS.OOF 04DU5.00F Spectr Management HDSL4. Technology
Specific. Transmission System
LX-N 02QBS.OOG 02DUS.OOG Spectr Management G. SHDSL, E.SHDSL
Technology specific. Tranmission System
LX-N 04QBS.OOG 04DUS.OOG Spect Management G. SHDSL Technology
Specific. Transmission System
LX-N 02QBS.OOS 02DUS.OOS Spectr Maagement 28 i QSDSL. Technology
Specific Tranmission Syste
LX-N 04QBS.OOS 04DUS.OOS Spectrm Management 28 i QSDSL. Technology
specific. Tramission System
i References to a tye ofxDSL Service (e.g., ADSL, HDSL) are general and include successive xDSL
Services (e.g., ADSL2+, HDSL2).
Date/initials/CLEC/xDSL Amd/StateAmendment to CDS-OOOO-QOOO 21
ATTACHMENT A
NCICode
NC Qwest Customer BRIF DESCRPTION
Code CO-NI EU-NI
DIGITAL SUBSCRIER LINE BASIC RATE ISDN - DSL (ISDN BRI COMPATIBLE
LX-N 02QC5.00S 02IS5.N Digital Subscriber Line with 2B I Q Signaling
Format Compatible Loop
HIGH-BIT-RATE DIGITAL SUBSCRIBER LINE (HDSL) COMPATIBLE
LX-N 02QB9.00H 02DU9.00H HDSL and HDSL2 Compatible Loop, Metallic
Facilty
LX-N 04QB9.00H 04PU9.00H HDSL and HDSL2 Compatible Loop, Metallc
Facilty
ASYMMTRIC DIGITAL SUBSCRIER LINE (ADSL) COMPATIBLE
LXR-02QB9.00A.02DU9.00A Revised Resistace Design (R)n Non-Loaded
Loop with ANSITl,4I3 DMT Signaling Formt
LXR-02QB9.0IA 02DU9.01A RR, Non-Loaded Loop with ANSIT1.4I3
DMT Signaling Format and one POTS Chanel
LXR-02QB9.00C 02DU9.00C RR, Non-Loaded Loop with CAP Signaling
Format
LXR-02QB9.0IC 02DU9.0IC RR, Non-Loaded Loop with CAP Signaling
Format one POTS Chael
UNBUNDLED DISTRBUTION LOOPS
LX-N 02QE5.001 02DU5.001 Distbution Loop, without loadig coils,
Spectrm Management Class i
LX-N 02QE5.002 02DU5.002 Distribution Loop, without loading coils,
Spectr Management Class 2
LX-N 02QE5.003 02DU5.003 Distribution Loop, without loading coils,
Spectr Management Class 3
LX-N 02QE5.004 02DU5.004 Distbution Loop, without loading coils,
Spectr Management Class 4
LX-N 02QE9.005 02DU9.005 Distrbution Loop, without loading coils,
Spectr Management Class 5
LX-N 02QE9.006 02DU9.006 Distribution Loop, without loading coils,
Spectrm Mangement Class 6
LX-N 02QE5.007 02DU5.007 Distribution Loop, without loading coils,
Spectr Mangement Class 7
Date/initials/CLECIxDSL Amd/State
Amendment to CDS-DODO-DODO 22
ATTACHMENT A
NCICode
NC Qwest Customer BRIEF DESCRIION
Code CO-NI EU-NI
LX-N 02QE5.008 02DU5.008 Distribution Loop, without loading coil,
Spectr Mangement Class 8
LX-N 02QE9.009 02DU9.009 Distribution Loop, without loadig coils,
Spectr Management Class 9
LX-N
Distrbution Loop, without loadg coils,
02QE9.005 02DUM,LS5 Spectr Man¡igement Class 5 and one POTS
Chanel
Date/initials/CLEC/xDSL Amd/State
Amendment to CDS-DOOO-OOOO 23
'v;
ATTACHMENT A
ATTACHMNT 3:
xDSL CAP ABLE LOOP PERFORMCE PARTER TESTS
Note: As between Attchment 1 and Attachment 3, the terms of Attchment I control, should
any discrepancy or apparent discrepancy be identified. See Attachment 1 regarding Conditioning.
Required Tests Expected Field Measurement Results Notes
.
Loop Lengt Act (Capacitive)
Load Coil None
Opens None
Grounds None
.
Shorts None
Bridge Tap LX-N Maximum:See Exclusions
Total Lengt 0(500 ft
Single Tap Lengt .; 2000ft
No Near End /Far End BT( ::1000 ft)
LXR. Maximum:
Total Lengt 0(500 ft
Single Tap Lengt .; 2000 ft
No Near End /Far End BT( :: 1000 ft)
Remove All Maximum: None
1004 Hz Loss .;.8.5dBm
196 kH Loss Actu Measured Loss (AM):.;78 dB if such limit is within test set
Maxmum AM = EML + 5 dB capabilty
,
LX.N Maximum dB Loss:
2- wire (e.g., NCI codes of02QB9.00H
and 02QB5.00G) .;28.dB
4- wire (e.g, NClcodes of 04QB9.00H,
04QB5.00G, and 04QB9.00F) .; L.dB
.'
LXR- Maximum dB Loss: LXR- .q8.dB
40 kHz Loss ISDN BRI .;0.dB
Insulation Resistace Tip - Ground :: 3.3 Meg Ohms
Rig - Ground;: 3.3 Meg Ohms
Tip-Rig;: 3.3 Meg Ohms
Foreign Voltage - DC Tip - Ground .; 8 VDC
Rig - Ground.; 8 VDC
Tip - Rig ..; 8 VDC
Date/initials/CLEC/xDSL Amd/State
Amendment to CDS-OOOO-OOOO 24
ATTACHMENT A
Foreign Voltage - AC Tip - Ground .:50V AC
Rig to Ground .:50V AC
Noise (C - Message).: 23 dBmC Far end 600 Ohm Tenntion .: 20 dBmC Acceptable,
::20 .: 30 dBmC Marginal,
:: 30 UnacceDtable
Noise ( C - Notch).:45 dB 1004 Hz, 0 dBm Transmit
Line Balance qolO%The lengt of the Tip side of the line
compared to the lengt of the Rig to
10% dierence
Longitudinal Balance 965 Ty Meter':= 50 dB ~ 196kh
Other Meters .:= 40 dB ra i 96kh
Power Influence .:=90dBmc
D-Mark Tagged Yes
Datelinitials/CLEC/xDSL Amd/State
Amendment to CDS-OOOO-OOO 25