20030103Amendment.pdf

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MARY S. HoBsoN
Direct [phone]
[e-mail]
Oreton
Washintton
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ldaho
January 3,2003
VIA HAI\D DELIVERY
VIA EMAIL TO [e-mail]
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise, D 83720-0074
Re: Case No. UISffiT:tlIE I
APPLICATION FOR APPROVAL OF AMENDMENT
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and Cricket
Communications, lnc. is an original of the Application for Approval of Amendment. The parties
respectfully request that this matter be placed on the Commission Decision Meeting Agenda for
expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Very truly yours,
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Enclosure
Boise-l 5l 377.1 00291 64-0001 6
Mary S. Hobson (ISB# 2t42)
Stoel Rives LLP
l0t South Capitol Boulevard - Suite 1900
Boise, D 83702
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Jorge Rosales
Cricket Communications, lnc.
10307 Pacific Center Court
San Diego, CA 92121
Telephone: [phone]
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND CRICKET COMMUNICATIONS, INC.
FOR APPROVAL OF A TYPE 2 WIRELESS
INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
U.S.C. $ 252(e)
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CASE NO.: QWE-T-00-20
APPLICATION FOR APPROVAL OF
AMENDMENT
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Qwest Corporation ("Qwest") and Cricket Communications, Inc. ("Cricket")
hereby jointly file this Application for Approval of Amendment to the Interconnection
Agreement ("Amendment"), which was approved by the Idaho Public Utilities
Commission on January 26,2001 (the "Agreement"). A copy of the Amendment 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
Communications 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 carrier
not a party to this agreement; or the implementation of such an amendment (or portion) is
not consistent with the public interest, convenience and necessity.
Cricket and Qwest respectfully submit that this Amendment, which adds terms,
conditions and rates for collocation decommission, and, therefore jointly request 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 Cricket to interconnect with Qwest
facilities and to provide customers with increased choices among local
tel ecommunications servi ces.
Cricket and Qwest further request that the Commission approve this Amendment
without a hearing. Because this Amendment was reached through voluntary negotiations,
it does not raise issues requiring a hearing and does not concern other parties not a party
to the negotiations. Expeditious approval would further the public interest.
Respectfully submitted this 3'd day of January , 2003.
Stoel Rives LLP, Attomeys for Qwest
and
Jorge Rosales
Cricket Communications, Inc.
Stoel Rives
CERTIFICATE OF SERVICE
I hereby certify that on this 3'd day of January, 2OO3,I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT upon all parties of record in
this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
Boise, Idaho 83720-0074
[e-mail]
Jorge Rosales
Cricket Communications, [nc.
10307 Pacific Center Court
San Diego, CA 92121
Telephone: [phone]
John Love
Legal Dept. / ContractDevelopment and
Services
Qwest Communications International, Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Phone: [phone]
X Hand Delivery
U. S. Mail
x
x
X
Stoel Rives LLP
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Amendment
to the Type 2 Wireless lnterconnection Agreement between
Qwest Corporation and
Crickett Communications, !nc.
For the State of ldaho
ihrs is an Amendment ("Amendment") to the Type 2 Wireless lnterconnection Agreement
between Qwest Corporation ("Qwest"), formerly known as U S WEST Communications, lnc., a
Colorado corpcratiorr, and Crickett Communications, lnc. ("Wireless Service Provider ('WSP')).
WSP and Qwest shall be known jointly as the "Parties."
RECITALS
WHEREAS, WSP and Qwest entered into the aforementioned Agreement ("Agreement") which
was approved by the appropriate state Commission ("Commission"); and
WHEREAS, WSP and Qwest desire to amend the Agreement to provide terms for Collocations;
and
WHEREAS, The Agreement may be amended in accordance with the provisions of Section
(A)3.26.
NOW THEREFORE, WSP and Qwest agree as follows:
The following terms and conditions are added for the provision of Collocation:
COLLOCATION
Definitions
''Collocation - Point of lnterconnection" or "C-POI" is the point outside Qwest's Wire Center
where WSP's fiber facility meets Qwest's Fiber Entrance Facility, except where WSP uses an
Express Fiber Entrance Facility. ln either case, Qwest will extend or run the Fiber Entrance
Facility to WSP's Collocation Space.
''Cross Connection" is a cabling scheme between cabling runs, subsystems, and equipment
using patch cords or jumper wires that attach to connection hardware on each end.
"Day" means calendar days unless othenruise specified.
"Demarcation Point" means the point where Qwest owned or controlled facilities cease, and
WSP, End User Customer, premises owner or landlord ownership or control of facilities begin.
'Due Date" means the specific date on which the requested service is to be available to the
WSP or to WSP's End User Customer, as applicable.
'Firm Order Confirmation" or "FOC' means the notice Qwest provides to WSP to confirm that
the WSP Local Service Order (LSR) has been received and has been successfully processed.
Amendment to CDS-00'1 103-0033 I
. The FOC confirms the ,.n1" of dates committed to by Qwest ftne Provisioning of the
service requested.
"Premises" refers to Qwest's Central Offices and Serving Wire Centers; all buildings or similar
structures owned, leased, or otherwise controlled by Qwest that house its network facilities; all
structures that house Qwest facilities on public rights-of-way, including but not limited to vaults
containing Loop Concentrators or similar structures; and all land owned, leased, or otherwise
controlled by Qwest that is adjacent to these Central Offices, Wire Centers, buildings and
structures.
"Product Catalog" or "PCAT" is a Qwest document that provides information needed to request
services available under this Agreement. Qwest agrees that WSP shall not be held to the
requirements of the PCAT. The PCAT is available on Qwest's Web site:
"Ready for Service" or "RFS" - A Collocation job is considered to be Ready for Service when
Qwest has completed all operational work in accordance with WSP Application and makes
functional space available to WSP. Such work includes but is not necessarily limited to: DC
power (fuses available, Battery Distribution Fuse Board (BDFB) is powered, and cables
between WSP and power are terminated), cage enclosures, primary AC outlet, cable racking,
and circuit terminations (e.9., fiber jumpers are placed, between the outside plant fiber
distribution panel and the Central Office fiber distribution panel serving WSP) and APOT/CFA
are complete, telephone service, and other services and facilities ordered by WSP for
Provisioning by the RFS date.
"Technically Feasible." lnterconnection, access to Unbundled Network Elements, Collocation,
and other methods of achieving lnterconnection or access to Unbundled Network Elements at a
point in the network shall be deemed Technically Feasible absent technical or operational
concerns that prevent the fulfillment of a request by a Telecommunications Carrier for such
lnterconnection, access, or methods. A determination of technical feasibility does not include
consideration of economic, accounting, Billing, space, or site concerns, except that space and
site concerns may be considered in circumstances where there is no possibility of expanding
the space available. The fact that an incumbent LEC must modify its facilities or equipment to
respond to such request does not determine whether satisfying such request is Technically
Feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse
network reliability impacts must prove to the Commission by clear and convincing evidence that
such lnterconnection, access, or methods would result in specific and significant adverse
network reliability impacts.
"Unbundled Network Element" is a Network Element that has been defined by the FCC or the
Commission as a Network Element to which Qwest is obligated to provide unbundled access, or
for which unbundled access is provided under this Agreement. r;
"UNE Combination" means a combination of two (2) or more Unbundled Network Elements that
were or were not previously combined or connected in Qwest's network, as required by the
FCC, the Commission or this Agreement.
"Virtual Collocation" shall have the meaning set forth in Sections 2.1.1.1 and 2.2.2.1.
1. lnsurance
1.1 Each Party shall at all times during the term of this Agreement, at its own cost and
expense, carry and maintain the insurance coverage listed below with insurers having a "Best's"
rating of B+Xlll with respect to liability arising from that Party's operations for which that Party
has assumed legal responsibility in this Agreement. lf either Party or its parent company has
assets equal to or exceeding $10,000,000,000, that Party may utilize an Affiliate captive
insurance company in lieu of a "Best's" rated insurer. To the extent that the parent company of
Amendment to CDS-001 103-0033 2
a party is relied upon to ,|t ,n" $1O,OO0,OOO,OOO asset thresff, such parent shall be
responsible forthe insurance obligations contained in this Section 1.1, to the extent its affiliated
Party fails to meet such obligations.
1.1.1 Workers' Compensation with statutory limits as required in the state of
operation and Employers'Liability insurance with limits of not less than $100,000 each
accident.
1.1.2 Commercial General Liability insurance covering claims for bodily injury,
death, personal injury or property damage occurring or arising out of the use or
occupancy of the Premises, including coverage for independent contractor's protection
(required if any work will be subcontracted), Premises-operations, products and/or
completed operations and contractual liability with respect to the liability assumed by
each Party hereunder. The limits of insurance shall not be less than $1,000,000 each
occurrence and $2,000,000 general aggregate limit.
Business automobile liability insurance covering the ownership,1.1.3
operation and maintenance of all owned, non-owned and hired motor vehicles with limits
of not less than $1,000,000 per occurrence for bodily injury and property damage.
'l
Umbrella/Excess Liability insurance in an amount of $10,000,000 excess1.1.4
of Commercial General Liability insurance specified above. These limits may be
obtained through any combination of primary and excess or umbrella liability insurance
so long as the total limit is $11,000,000.
1.1.5 "All Risk" Property coverage on a full replacement cost basis insuring all
of WSP personal property situated on or within the premises.
1.2 Each Party will initially provide certificate(s) of insurance evidencing coverage,
and thereafterwill provide such certificate(s) upon request. Such certificates shall (1) name the
other Party as an additional insured under commercial general liability coverage; (2) provide
thirty (30) calendar Days prior written notice of cancellation of, material change or exclusions in
the policy(s) to which certificate(s) relate; (3) indicate that coverage is primary and not excess
of, or contributory with, any other valid and collectible insurance purchased by the other Party;
and (4) acknowledge severability of interesUcross liability coverage.
2. - COLLOCATTON
2.1 Description
2.1.1 Collocation allows for the placing of equipment by WSP at Qwest's Premises,
where Technically Feasible, that is necessary for accessing Unbundled Network Elements
(UNEs), ancillary services or lnterconnection. Collocation includes the leasing to WSP of
physical space in Qwest Premises, as well as the resources necessary for the operation and
economical use of collocated equipment, such as the use by WSP of power; heating, ventilation
and air conditioning (HVAC); and cabling in Qwest's Premises. Collocation also allows WSP to
access lnterconnection Distribution Frames (ICDF) for the purpose of accessing and combining
Unbundled Network Elements and accessing ancillary services. ThiS Amendment only
addresses Virtual Collocation. Other Collocation types are also available through another
amendment or through the BFR process. !n addition, where Qwest may offer a new form of
Collocation, WSP may order that form as soon as it becomes available and under the terms and
conditions pursuant to which Qwest offers it. The terms and conditions of any such offering by
Qwest shall conform as nearly as circumstances allow to the terms and conditions of this
Agreement. Nothing in this Agreement shall be construed as limiting the ability to retroactively
apply any changes to such terms and conditions as may be negotiated by the Parties or ordered
Amendment to CDS-00"1 103-0033
by the siare Commissron or. "O,n"r competent authority.
21 1 1 Virtual Collocation -- A Virtual Collocation arrangement requires WSP to
purchase and deliver to Qwest WSP own equipment for Qwest to install, repair, and
maintain in Qwest's Premises. WSP does not have physical access to its virtually
collocated equipment in the Qwest Premises.
2.2 Terms and Conditions
2.2.1 Terms and Cclnditions
221.1 Q,ruest shall provide Collocation on rates, terms and conditions that are
1ust. reasonable and non-discriminatory. ln addition, Qwest shall provide Collocation in
accordance r,n ith all applicable federal and state laws.
2.2.1 2 Collocation of Switching Equipment. WSP may collocate any equipment
that is necessary for lnterconnection or access to Unbundled Network Elements.
2.2.1.2.1 Digital Subscriber Line Access Multiplexers (DSLAMS) always
meet this legal standard.
2.2.1.2.2 Asynchronous Transfer Mode (ATM) or Packet Switching also
meets this legal standard when used for lnterconnection or access to Unbundled
Network Elements for purposes of providing Advanced Services such as xDSL.
Equipment used predominantly to support DSLAMS and ATMs, such as routers
and concentrators, as well as testing and network management equipment also
meet this legal standard. Before any equipment that includes switching
functionality is installed, WSP must provide a wrrtten inventory to Qwest of all
switching equipment and how it will be used for lnterconnection or access to
Unbundled Network Elements. Once WSP establishes that it will use a certain
type of equipment for lnterconnection or access to Unbundled Network Elements,
Qwest will allow future Collocations of similar equipment without requesting a
written justification unless and until Qwest can establish to the state Commission
that such equipment is not intended for lnterconnection or access to Unbundled
Network Elements. However, Qwest will complete the Collocation within the
appropriate interval unless granted relief by the Commission.
2.2.1.2.3 Remote Switching Units (RSUs) also meet this legal standard
when used for lnterconnection or access to Unbundled Network Elements for
purposes of providing Local Exchange Service.
2.2.1.2.4.Except as provided for in Sections 2.2.1.2.1 through 2.2.1.2.3
above, WSP may not collocate equipment that is not necessary for
lnterconnection or access to Unbundled Network Elements.
2.2.1.3 WSP must identify what transmission and Cross Connection equipment
will be installed and the vendor technical specifications of such equipment so that Qwest
may verify the appropriate power, floor loading, heat release, environmental particulate
ievel. HVAC, and tie cables to WSP-provided cross-connection device.
221.4 Demarcation Points for Unbundled Network Elements (UNEs) and
ancillary services. The Demarcation Point for Unbundled Network Elements and
ancillary services is that physical point where Qwest shall terminate its Unbundled
Network Elements and ancillary services for access by WSP. There are two (2)
standard Demarcation Points where Unbundled Network Elements and ancillary services
may be delivered to WSP. WSP shall specify its choice of standard Demarcation Points
Amendment to CDS-001 103-0033
for its access to Uf.rtnd ancillary services. One avarlaOfemarcation Point is at
WSP-orovided Cross Connection equipment in WSP's Virtual Collocation space.
Alternatively, the Demarcation Point can be at an lnterconnection Distribution Frame
(ICDF) or may be established at a location jointly agreed to by WSP and Qwest. To the
extent WSP selects a Demarcation Point outside of its collocated space, WSP shall
provide and Qwest shall install the tie cables from WSP's collocated equipment to the
Demarcation Point. Alternatively, Qwest shall provide and install these tie cables, at
WSP's expense.
2.2.1.5 Qwest will provide a connection between Unbundled Network Elements
and anclllary services and a Demarcation Point. Such connection is an lnterconnection
Tie Pair (lTP). The Demarcation Point shall be.
a) at WSP-provided cross-connection equipment located in WSP's Virtual
space; or
b) if WSP elects to use an ICDF in association with Virtual Collocation, at
the ICDF;
c) at a direct connection point of terminatron as described in Section
2.3.1.11.2; or
d) at another Demarcation Point mutually-agreed to by the Parties.
2.2.1.6 WSP may purchase Qwest's finished Private Line or Switched Access
services via applicable Tariff terms and conditions. These services will be terminated at
the Demarcation Point.
2.21 7 For Virtual Collocation, WSP must lease space for the placement of
WSP's equipment within Qwest's Premises. Qwest will provide the structure that is
necessary in support of Collocation including physical space, , required cabling between
equipment and other associated hardware.
2.21 8 All equipment shall meet and be installed rn accordance with Network
Equipment Building System (NEBS) Level 1 safety standards. Qwest shall provide
standard Premises alarming pursuant to Qwest Technical Publication 77385. Qwest
shall not impose safety or engineering requirements on WSP that are more stringent
than the safety or engineering requirements Qwest imposes on its own equipment
located on its Premises.
2.2.1.9 Space Availability Report -- Upon request by WSP, Qwest will submit to
a requesting WSP within ten (10) calendar Days of WSP's request, a report for each
requested Premises, that includes:
a) Available Collocation space in a particular Qwest Premises;
b) Number of collocators;
c) Any modifications in the use of the space since the last report;
d) Measures that Qwest is taking to make additional space available for
Collocation;
e) Whether sufficient power is available to meet the specific WSP
request;
Amendment to CDS-001 103-0033
ft rurlr of WSPs in queue at the Premiseslny;
g) Whether the Wire Center is equipped with DS3 capability; and
h) The number and description of Qwest and its Affiliates and WSP
reservations of space.
2.2.1.9.1 A Space Availability Report Charge in Exhibit A will apply to
each Space Availability Report requested by WSP and shall apply on per
Premises basis.
22110 Virtual Collocation is offered on a first-come, first-served basis.
Requests for Collocation may be denied due to the legitimate lack of sufficient space in a
Qwest Premises for placement of WSP's equipment. WSP
2.2.1.10.1 Space Denial Queue - Qwest will maintain a list of denied
Collocation requests, in order of the date of receipt (Space Denial Queue), for
each Premises where Qwest has exhausted Collocation space. A separate
queue will be maintained for each Premises. When space becomes available in
a Premises in which a queue has developgd, Qwest will inform WSPs in the
queue that space for Collocation has become avarlable. lf there is insufficient
space to accommodate all WSPs in queue, Qwest shall notify WSPs of the
availability of space in accordance with WSP's position in the queue. WSP must
respond within ten (10) calendar Days of receipt of notification from Qwest with a
new Collocation Application. lf WSP does not provide a Collocation Application
within ten (10) calendar Days of receipt of notification, or if WSP responds that it
no longer requires the Collocation space, WSP shall be removed from the queue
and the available space shall be offered to the next WSP in the queue. lf the
space made available to a WSP in the queue is not sufficient to meet such
WSP's needs, such WSP may deny the space that becomes available and keep
its position in the queue.
2.2.1.11 lf Qwest denies a request for Virtual Collocation in a Qwest Premises
due to space limitations, Qwest shall allow WSP representatives to tour the entire
Premises escorted by Qwest personnel within ten (10) calendar Days of WSP's receipt
of the denial of space, or a mutually agreed upon date. Qwest will review the detailed
floor plans for the Premises with WSP during the tour, including Qwest reserved or
optioned space. Such tour shall be without charge to WSP. lf, after the tour of the
Premises, Qwest and WSP disagree about whether space limitations at the Premises
make Collocation impractical, Qwest and WSP may present their arguments to the
Commission. ln addition, if after the fact, it is determined that Qwest has incorrectly
identified the space limitations, Qwest will honor the original Collocation Application date
for determining RFS unless both Parties agree to a revised date.
2.2.1.13 Qwest will maintain a publicly available document, posted for viewing on
the lnternet, (http://www.qwest.com/wholesale/notices/collo/spaceAvail.html) indicating
all Premises that are full, and will update this document within ten (10) calendar Days of
the date at which a Premises runs out of physical space and will update the document
within ten (10) calendar Days of the date that space becomes available. ln addition, the
publicly available document shall include, based on information Qwest develops through
the Space Availability Report process. the Reservation Process, or the Feasibility Study
Process: http://www.qwest.com/wholesale/notices/collo/spaceavail.html.)
a) Number of WSPs in queue at the Premises, if any;
b) Premises that have not been equipped with DS3 capability;
Amen0ment to CDS-001 103-0033
c) fstlraO date for completion of power eqfnent additions that will
lift the restriction of Collocation at the Premises;
Notwithstanding the foregoing, the Qwest web site will list and update within the ten (10)
Day period, all Wire Centers that are full, whether or not there has been a WSP
requested Space Availability Report.
2.2.1.14 Reclamation and Reconditioning of Space
2.2.1.14 1 Reclamation of Space - Reclamation of space is performed by
C)west removing unused, obsolete Qwest equipment to make space for
equiprnent use. The cost of removal of the obsolete unused equipment shall be
borne by Qwest.
2 2.1 14.1.1 lf WSP issues a forecast or reservation for
Collocation, Qwest shall use its best judgement to determine whether it
would be appropriate to reclaim space and or equipment to meet
expected Collocation requirements.
2.2.1.14.1 .2 lf WSP issues a.Collocation Application and unused,
obsolete equipment must be removed to provide the requested
Collocation, Qwest will affirmatively remove such unused, obsolete
equipment as necessary to fulfill the Collocation request within the
applicable interval set forth in Section 2.4.
2.2.1.14.2 Reconditioning of Space - Reconditioning of space is the
remodeling of space for equipment use, such as, but not limited to, adding
HVAC. The Collocation feasibility study will identify whether reconditioning of
space is available and necessary to meet WSP needs for Collocation. lf
requested by WSP, Qwest will assess the cost of such reconditioning, provide a
quote to WSP for the costs, and upon Acceptance of quote by WSP, perform the
necessary work to recondition the space. For reconditioned space, WSP is
responsible for prorated charges based on the amount of space requested.
2.2.1.15 Cancellation of Collocation Request. WSP may cancel a Collocation
request prior to the completion of the request by Qwest by submitting a written request
by certified mail to the Qwest account manager. WSP shall be responsible for payment
of all costs incurred by Qwest up to the point when the cancellation is received.
2.2.1 16 Qwest may retain a limited amount of floor space for its own specific
future uses, provided, however, that neither Qwest nor any of its Affiliates may reserve
space for future use on terms more favorable than those that apply to WSP's reservation
of Collocation space for WSP's own future use. Qwest shall relinquish any space held
for future use before denying a request for Virtual Collocation on the grounds of space
limitations, unless Qwest proves to the Commission that Virtual Collocation at that point
is not Technically Feasible.
2.2.1.17 ln addition to the requirements of this Section , all Collocation installation
and structures shall meet applicable earthquake safety rating requirements comparable
to and to the same extent that Qwest installations and structures meet earthquake rating
requirements as contained in the Network Equipment Building System (NEBS) - BR GR-
63-CORE document. A list of Qwest Premises and the applicable related earthquakeratings is available for review on the Qwest website at:
http: //www. qwest. com/wholesale/pcat/col location. htm l.
Amendment to CDS-001 103-0033
2.2.1.18 Owestl review the security requirements, ]e keys, lD cards and
explain the access control processes to WSP. The access control process includes but
is not limited to the requirement that allWSP approved personnel are subject to trespass
violations if they are found outside of designated and approved areas or if they provide
access to unauthorized individuals. Likewise, Qwest personnel are subject to trespass
violations if they are found to be wrongfully inside WSP physical caged collocated areas
or if they wrongfully provide access to unauthorized individuals.
2.2.1.18.1 Qwest will take all reasonable measures to insure that WSP
equipment collocated in Qwest Premises is afforded physical security at Parity
with Qwest's similarly situated equipment. Should an event occur within a Qwest
Premises that suggests vandalism or other tampering with WSP's equipment,
Qwest will, at WSP's request, vigorously and thoroughly investigate the situation.
WSP shall cooperate in the investigation as requested by Qwest. Qwest will
keep WSP apprised of the progress of any investigation, and report any
conclusions in a timely manner.
2.2.1.19 Qwest shall provide access to WSP's collocated equipment and existing
eyewash stations, bathrooms, and drinking water within the Premises on a twenty-four
(24) hours per day, seven (7) Days per week 'basis for WSP personnel and its
designated agents. Such access shall be permitted without requiring either a security
escort of any kind or delaying WSP's employees entry into Qwest Premises. Qwest
shall provide WSP with access to other basic facilities, including parking, where
available on a first-come, first-served basis.
2.2.1.21 Nothing herein shall be construed to limit WSP's ability to obtain more
than one form of Collocation (i.e., Virtual, Caged, Shared and Cageless Physical
Collocation or ICDF Collocation) in a single Premises, provided space is available and
the Parities have agreed to the appropriate contract language.
2.2.1.22 Termination of Collocation Arrangement. WSP may terminate a
completed Collocation arrangement by submitting a written request via certified mail to
the Qwest account manager. Qwest shall provide WSP a quotation for the costs of
removing WSP's collocated equipment and associated cabling and structure, which will
be paid by WSP within thirty (30) Days of the removal of the equipment by Qwest.
2.2.1.23 Qwest shall design and engineer the most efficient route and cable
racking for the connection between WSP's equipment in its collocated spaces to the
collocated equipment of another WSP located in the same Qwest Premises. The most
efficient route generally will be over existing cable racking, to the extent Technically
Feasible, but to determine the most efficient route and cable racking, Qwest shall
consider all information provided by WSP in the Application form, including but not
limited to, distance limitations of the facilities WSP intends to use for the connection and
shall consider any applicable ANSI standards for cable distance limitations. lf the length
of the most efficient route exceeds any such distance limitations, Qwest will notify WSP
of available options. When WSP notifies Qwest of WSPs preferred option, Qwest will
proceed with the route design and quote preparation. lf WSP elects to have Qwest
provide the channel regeneration, the quote will include the applicable charges. WSP
shall have access to the designated route and construct such connection, using copper,
coax, optical fiber facilities, or any other Technically Feasible method utilizing a vendor
of WSP's own choosing.
2.2.1.24 Qwest will provide WSP the same connection to the network as Qwest
uses for provision of services to Qwest End Users. The direct connection to Qwest's
network is provided to WSP through direct use of Qwest's existing Cross Connection
network. WSP and Qwest will share the same distributing frames for similar types and
Amendment to CDS-001 103-0033
speeds of equipment,]re Technically Feasible and space fnitting.
2.2.1.25 WSP terminations will be placed on the appropriate Qwest Cross
Connection frames using standard engineering principles. WSP terminations will share
frame space with Qwest terminations on Qwest frames without a requirement for an
intermediate device.
2.2.1.26 lf WSP disagrees with the selection of the Qwest cross-connection
frame, WSP may request a tour of the Qwest Premises to determine if Cross Connection
frame alternatives exist, and may request use of an alternative frame or an alternative
arrangement, such as direct connections from WSP's Collocation space to the MDF or
COSMICTM frame.
2.2.1.29 Qwest will provide WSP with written notification at least five (5) business
days before any scheduled non-emergency AC or DC power work in the collocated
facility that may cause a power disruption to WSP equipment located in the Qwest
facility. This does not include notification of routine power testing or power installation
work not expected to cause a power disruption. Qwest will use diligent efforts to notify
WSP by the Abnormal Condition Report (ACR) of: (a) general power outages as soon
as Qwest becomes aware that an outage is to takq place or has occurred and (b) any
emergency power disruption that would impact WSP equipment no later than thirty (30)
minutes after such activity commences. Finally, Qwest shall immediately notify WSP by
ACR if an alarm condition exists with respect to the monitoring of power that poses a
material risk to the continued operation of WSP equipment.
2.2.2 Terms and Conditions - Virtual Collocation
2.2.2.1 Qwest is responsible for installing, maintaining, and repairing virtually
collocated equipment for the purpose of lnterconnection or to access UNEs, ancillary
and Finished Services. When providing Virtual Collocation, Qwest shall install, maintain,
and repair collocated equipment within the same time periods and with failure rates that
are no greater than those that apply to the performance of similar functions for
comparable equipment of Qwest.
2.2.2.2 WSP will not have physical access to the virtually collocated equipment
in the Qwest Premises. However, WSP will have physical access to the Demarcation
Point in the Qwest Premises.
2.2.2.3 WSP will be responsible for obtaining and providing to Qwest
administrative codes (e.9., common language codes) for all equipment provided by WSP
and installed in Qwest Premises. .i
2.2.2.4 WSP shall ensure that upon receipt of WSP's virtually collocated
equipment by Qwest, all warranties and access to ongoing technical support are passed
through to Qwest at WSP's expense. WSP shall advise the manufacturer and seller of
the virtually collocated equipment that WSP's equipment will be possessed, installed and
maintained by Qwest.
2.2.2.5 WSP's virtually collocated equipment must comply with Telcordia
Network Equipment Building System (NEBS) Level 1 safety standards and any statutory
(local, state or federal) and/or regulatory requirements in effect at the time of equipment
installation or that subsequently become effective. WSP shall provide Qwest interface
specifications (e.9., electrical, functional, physical and software) of WSP's virtually
collocated equipment. Such safety and engineering standards shall apply to WSP
equipment only to the degree that they apply to Qwest equipment located in Qwest's
Premises.
Amendment to cDS-001 1 03-0033
z.1.z.o WSelst specify all software options anOlociated plug-ins for its
virtually collocated equtPment
2.2.2 7 WSP will be responsible for payment of Qwest's initial direct training
charges associated with training Qwest employees for the maintenance, operation and
installation of WSP's virtually collocated equipment when such equipment is different
than the standard equipment used by Qwest in that Premises. This includes per diem
charges (i.e., expenses based upon effective Qwest labor agreements), travel and
lodging incurred by Qwest employees attending a vendor-provided training course.
2.2.2.8 WSP will be responsible for payment of reasonable charges incurred in
the maintenance and/or repair of WSP's virtual collocated equipment in accordance with
this Agreement, unless othenruise agreed by the Parties. Notwithstanding the foregoing,
WSP shall not be responsible for any costs or charges incurred in the maintenance
and/or repair of WSP's virtually collocated equipment where such costs or charges result
from Qwest's fault or negligence.
2.2.4 Transmission Facility Access to Collocation Space
2.2.4 1 For Virtual Collocation, WSP may select from four (4) optional methods
for facility access to its Collocation space. They include: 1) fiber entrance facilities, 2)
purchasing private line or Access Services, 3) Unbundled Network Elements and 4)
Miconruave Entrance Facilities. Other entrance facillty technologies may be requested
through the BFR process.
2.2.4.2 Collocation Fiber Entrance Facilities. Qwest offers three (3) Fiber
Collocation Entrance Facility options - Standard Fiber Entrance Facility, Cross-Connect
Fiber Entrance Facility, and Express Fiber Entrance Facilities. These options apply to
Virtual Collocation. Fiber Entrance Facilities provide the connectivity between WSP's
collocated equipment within the Qwest Wire Center and a Collocation Point of
lnterconnection (C-PO|) outside the Qwest Wire Center where WSP shall terminate its
fiber-optic facility, except the Express Fiber Entrance Facilities.
2.2.4.3 WSP is responsible for providing its own fiber facilities to the C-POI
outside Qwest's Wire Center. Qwest will extend the fiber cable from the C-POI to a
Fiber Distribution Panel (FDP). Additional fiber, conduit and associated riser structure
will then be provided by Qwest from the FDP to continue the run to WSP's 's equipment
(Virtual Collocation). The Qwest provided facility from the C-POI to the WSP equipment
(Virtual Collocation) shall be considered the Collocation Fiber Entrance Facility. The
preceding provisions do not apply to Express Fiber Entrance Facility which provides that
WSP fiber will be pulled to WSP Collocation equipment without splices or termination on
an FDP.
2.2.4.3.1 Standard Fiber Entrance Facility -- The standard fiber entrance
facility provides fiber connectivity between WSP's fiber facilities delivered to the
C-POI and WSP's Collocation space in increments of 12 fibers. WSP's fiber
cable is spliced into a Qwest-provided shared fiber entrance cable that consists
of six buffer tubes containing 12 fibers each for a 72 fiber cable. The T2liber
cable shall be terminated on a Fiber Distribution Panel (FDP). A 12 fiber
lnterconnection cable is placed between WSP's Collocation space and the FDP.
The FDP provides Qwest with test access and a connection point between the
transport fiber and WSP's lnterconnection cable.
2.2.4.3.2 Cross-Connect Fiber Entrance Facility - The cross-connect fiber
entrance facility provides fiber connectivity between WSP's flber facilities
delivered to a C-POI and multiple locations within the Qwest \Mre Center.
Amendment to CDS-001 1 03-0033 l0
2.2 4.4
arrangements.
2.2.4.5
WSP's fiber c] is spliced into a Qwest provided .h3 fiber entrance cable in
12 fiber incremEnts The Qwest fiber cable consists of six buffer tubes containing
12 fibers each for a 72 fiber cable. The 72 fiber cable terminates in a fiber
distribution panel. This fiber distribution panel provides test access and flexibility
for Cross Connection to a second fiber distribution panel. Fiber lnterconnection
cables in 4 and 12'fiber options connect the second fiber distribution panel and
equipment locations in the Qwest Wire Center. This option has the ability to
serye multiple locations or pieces of equipment within the Qwest Wire Center.
This option provides maximum flexibility in distributing fibers within the Wire
Center and readily supports Virtual Collocation and multiple WSP locations in the
office.
2.2.4.3.3 Express Fiber Entrance Facility Qwest will place WSP-
prcvided fiber cable from the C-POI directly to WSP's Collocation equipment.
The fiber cable placed in the Wire Center must meet NEBS Level 1 fire rating
requirements. lf WSP provided cable does not meet NEBS Level 1 fire rating
requirements then a transition splice will occur in the cable vault to insure that the
cable within the Qwest Wire Center meets requirements. This option will not be
available if there is only one (1)conduit with two (2) unused innerducts (one (1)
for emergency restoral and one (1) for a shared entrance cable).
Qwest will designate the location of the C-POI for Virtual Collocation
The Collocation entrance facility is assumed to be fiber optic cable and
meets industry standards (GR. 20 Core). Metallic sheath cable is not considered a
standard Collocation entrance facility. Requests for non-standard entrances will be
considered through the BFR process described in the Bona Fide Request Process
Section of the Agreement. All costs and Provisioning intervals for non-standard
entrances will be developed on an lndividual Case Basis.
2.2.4.6 Qwest shall provide an lnterconnection point or points, physically
accessible by both Qwest and WSP, at which the fiber optic cable carrying WSP's
circuits can enter Qwest's Wire Center, provided that Qwest shall designate
lnterconnection points as close as reasonably possible to its Premises. Qwest shall
offer at least two (2) such lnterconnection points at each Qwest Wire Center when at
least two (2) entry points pre-exist and duct space is available. Qwest will not initiate
construction of a second, separate Collocation entrance facility solely for Collocation. lf
Qwest requires the construction of a new Collocation entrance facility for its own use,
then the needs of WSP will also be taken into consideration.
2.2.4.7 As an alternative to the Fiber Entrance Facilities described above, WSP
may purchase Qwest Tariffed or cataloged Private Line or Switched Access Services.
2.2.4.8 As an alternative to the Fiber Entrance Facilities described above, WSP
may purchase unbundled dedicated interoffice transport.
2.2.4.9 Microwave Entrance Facilities. Qwest offers Microwave Entrance
Facilities, on Premises owned or controlled by Qwest, to access WSP transmission
equipment collocated on or inside the Qwest Premises. The rooftop, duct, conduit, and
riser cable space for Microwave Entrance Facilities is available on a first-come, first-
served basis, where Technically Feasible. WSP may place its microwave antenna on a
Qwest owned or controlled existing tower, building, or supporting structure, where space
is available, or WSP may construct such tower or supporting structure, if necessary and
if there is sufficient space and the building structure is not jeopardized. Such microwave
equipment will be limited to that which is necessary for lnterconnection to Qwest's
llAmendment to CDS-001 103-0033
neiwork or access tofest s Unbundled Network Elements. !
2.2.4 9.1 Qwest will jointly coordinate and plan with WSP for the
placement and location of the microwave equipment on a non-penetrating roof
mount, or an existing tower or supporting structure on the exterior of a Qwest
Premises. The method of placing WSP microwave equipment shall be mutually
agreed upon. Tower or building roof space that allows for unobstructed line-of-
sight will be provided by Qwest where Technically Feasible. A weather proof
cable entry hatch or an existing wave-guide hatch or other suitable entrance into
the building is required. lf space is available, WSP may use an existing cable
entry hatch or a new cable entry hatch will need to be constructed. The cable
entry lratch charges are on a per Port used basis.
2.2.4.9.2 WSP can perform the determination of line-of-sight feasibility or
if requested, Qwest will perform the line-of-sight feasibility. WSP will submit a
Microwave Entrance Facility Application for each antenna arrangement and each
Qwest Premises requested. A site visit will include appropriate Qwest and WSP
personnel for the purpose of determining whether an unobstructed line-of-sight is
Technically Feasible and structural analysis of the building. The site visit will
take place within fifteen (15) calendar Days after receipt by Qwest of the WSP's
Microwave Entrance Facility Applicatlon, unless the WSP requests a later date.
lf WSP performs the structural analysis and line-of-sight feasibility, it shall submit
a response regardrng its analysis to Qwest and Qwest will only bill for an escort
fee per site requested. lf either Party disputes the technical feasibility, space
availability, or other conditions proposed by Qwest, the Parties will promptly
petition the Commission for resolution of the dispute.
2.2.4.9.3 lf Qwest performs the feasibility analysis, a response will be
provided to WSP within thirty (30) calendar Days after the site visit with the
structural analysis and line-of-sight feasibility. lf the site visit determines that
unobstructed line-of-sight and placement of the microwave equipment are not
Technically Feasible, WSP will be billed only for the site visit. lf the site visit
determines that the placement of microwave equipment is Technically Feasible,
Qwest will provide a quote for the Microwave Entrance Facility with the quote for
the submitted Collocation Application. lf WSP does not submit a Collocation
Application for the Premises within thirty (30) Days following the completion of
the line-of-sight and structural feasibility analysis or WSP subsequently cancels
the Collocation Application, WSP will be billed for the site visit.
2.2.4.9.4 WSP must obtain all necessary variances, licenses, approvals
and authorizations from governmental agencies with jurisdiction, such as use
permits, building permits, FCC licenses and FAA approval, if required, to
construct, operate and maintain the WSP facilities. lf Qwest's assistance is
required in order for a WSP to obtain necessary licenses or permits, Qwest will
not unreasonably withhold such assistance. WSP will pay all expenses
associated with that assistance on a time and materials basis.
2.2.4.9.5 WSP is responsible for the engineering, purchasing, supplying,
installing, maintaining, repairing and servicing of its microwave specific
equipment. WSP shall provide the cable from the antenna equipment to the
bullding cable entry hatch. However, WSP is not permitted to penetrate the
building exterior wall or roof. Qwest will do all building penetration and Qwest will
install the coaxial cable or wave-guide/transmission facility from the cable entry
hatch to the WSP's Collocation space within the interval, as set forth in Section
2.4, for the type of Collocation requested by WSP. WSP facilities shall not
physically, electronically, or inductively interfere with the existing Qwest or other
Amendment to cDS-001 103-0033 t2
WSPs' "qrip,rJ. Each transmitter individually
"nO fransmitters collectively,
for Qwest. Qwest Affiliates and WSPs, at a given location shall comply with
appropriate Federal, State, and Local regulations governing the safe levels of RF
radiation.
22496 Upon expiration or termination of the Collocation arrangement or
the Microwave Entrance Facility, WSP shall return the antenna space to its
original condition. WSP shall repair any damages caused by removal of its
mtcro\,vave equipment, or by the use, operation or placement of its microwave
equipment on the Premises. lf WSP performs the foregoing, Qwest shall impose
nc charges on WSP for such work. ln the event the WSP fails to remove its
nlcrowave equipment, WSP shall be liable to Qwest for all reasonable costs of
reinoval, restoration of the property, storage, and transportation to WSP of such
microwave equipment incurred by Qwest.
2.3 Rate Elements
Rate elements for Collocation are included in Exhibit A.
2.3.1 Rate Elements
2.3.1.1 Qwest will recover Collocation costs through both recurring and
nonrecurring charges. The charges are determined by the scope of work to be
performed based on the information provided by WSP on the Collocation Order Form. A
quote is then developed by Qwest for the work to be performed.
2.3 1.2 The following elements as specified in Exhibit A of this Agreement are
used to develop a price quote in support of Collocation:
2 3.1.3
to verify
request.
2.3 1.4
Quote Preparation Fee. A non-refundable charge for the work required
space and develop a price quote for the total costs to WSP for its Collocation
Collocation Entrance Facility Charge. Provides for the fiber optic cable
(in increments of 12 fibers) from the C-POI utilizing Qwest owned, conventional single
mode type of fiber optic cable to the collocated equipment for Virtual Collocation. The
Collocation entrance facility includes manhole, conduit/innerduct, placement of
conduit/innerduct, fiber cable, fiber placement, splice case, a splice frame, fiber
distribution panel, and relay rack. Charges apply per fiber pair. Express Fiber Entrance
Facility does not include fiber cable, splice case, a splice frame or fiber distribution
panel.
2.3.1.5 Cable Splicing Charge. Represents the labor and equipment to perform
a subsequent splice to WSP provided fiber optic cable after the initial installation splice.
lncludes per-setup and per-fiber-spliced rate elements.
2.3.1 .6 -48 Volt DC Power Usage Charge. Provides -48 volt DC power to WSP
collocated equipment and is fused at one hundred twenty five percenl (125Yo) of request.
Charged on a per ampere basis.
2.3 1.7 AC Power Feed. Recovers the cost of providing for the engineering and
installation of wire, conduit and support, breakers and miscellaneous electrical
equipment necessary to provide the AC power, with generator backup, to WSP's space.
The AC Power feed is optional. The AC Power Feed is available with single or triple
phase options. The AC Power Feed is rated on a per foot and per ampere basis.
Amendment to cDS-001 103-0033 l3
uses tonnect to that specific service. for fmple, if WSP wants to
conneciairectly from their Collocation equipment to a 911 router, the
infrastructure for the 911 trunks will terminate in a DSI bay location with
the 911-router circuits. There are several options for the location of the
Demarcation Point. WSP will select their desired option via the
supplemental Direct Connection (DC-POT) With Collocation Form
DC050900. Demarcation equipment must be noted on the order form so
that a CLLI code and unique tie cable assignments can be generated for
systems flow through. lf WSP chooses a demarcation outside its
Collocation equipment, Qwest will maintain and inventory this device.
Direct terminations may be ordered where frame space is available. lf
frame space is exhausted the terminations may need to be made at
another frame. Upon completion of the pre-Provisioning of the Direct
Connection, WSP will receive an Alternate Point of Termination (APOT)
form so that they may order Finished Services and UNEs. WSP will be
responsible for augmenting terminations as required. The Direct
Connection APOT information must be provided on the ASR or LSR to
insure that the services are designed to the dedicated path.
2.3.1.11.2.2 WSP's termination point will require a CLLI code
(e.9., Frame Number) and the dedicated tie pairs will require a unique
name to enable automatic assignment through TIRKSTM and SWITCHTU
via Carrier Facilities Address (CFA) methods.
2.3.1.11.2.3 lf WSP wishes to arrange terminations on a Z-wire
POTS level cross-connect device of the modular type, i.e. COSMICTM
Hardware, standard-engineering principles will apply. Provisioning
intervals and costs will be customized and determined on an lndividual
Case Basis (lCB). A five (5) year forecast including terminations per
quantities will be required. MELDTM runs will be required for the initial
COSMICTM plan and each subsequent block addition. To minimize WSP's
cost, to the extent feasible, Qwest shall consolidate WSP's requirements
with the requirements of Qwest and other WSPs into a single MELDTM run
whenever feasible. Costs of such consolidated MELDTM runs shall be
prorated among the Parties, including Qwest, Minimum installation
requires at least one (1) block for every two (2) outside plant modules. A
% shelf of block capacity must be reserved for future block space.
2.3.1.11.2.4 Requests for terminations at a DSO, DS1, DS3 and
optical level (non-POTS) may also be made directly to the respective
frame or panel (i.e. tolt frame, DSX, FDP, etc.). Direct Connections to
these frames do not require MELDTM runs and short jumper engineering
principals, as with the COSMICTM frame. However these connections will
require coordination between Qwest and WSP to ensure that the cable is
terminated in an existing frame with the service that WSP is wishing to
connect with. Direct Connection is ordered via the supplemental
Collocation order form, Direct Connection (DC-POT) With Collocation
Form DC050900. Timing, pricing and feasibility will be determined on the
basis of a specific, in-depth building analysis. Direct Connections are
available where available frame space permits. lf frame space is
exhausted, terminations may need to be made at another frame. Space
availability will be determined during the feasibility request phase of the
order. Rates for Direct Connection Terminations will be on an ICB basis
using rates defined in Exhibit A.
Amendment to CDS-000821 -0064 l5
2.3.1.11.3 |erminations must be purchaseO in] following increments:
DSQ in blocks of tOO; DS1 in increments of one (1); and DS3 in increments of
one (1) coaxial cable or fiber pair.
2.3.1.13 Composite Clock/Central Office Synchronization. Recovers the cost of
providing composite clock and/or DS1 synchronization signals traceable to a stratum
one source. WSP must determine the synchronization requirements for WSP's
equipment and notify Qwest of these requirements when ordering the clock signals.
Central Office Synchronization is required for Virtual Collocation involving digital services
or connections. Synchronization may be required for analog services. Central Office
Synchronization is available where Qwest Central Offices are equipped with Building
lntegrated Timing Supply (BITS). The rate is applied on a per Port basis in accordance
with Exhibit A.
2.3.1.14 -48 Volt DC Power Cable Charge. Provides for the transmission of -48
volt DC power to the collocated equipment and is fused at one hundred twenty five
percent (125Yo) of request. lt includes engineering, furnishing and installing the main
distribution bay power breaker, associated power cable, cable rack and local power bay
to the closest power distribution bay. lt also includes the power cable (feeders) A and B
from the local power distribution bay to the collocated equipment for Virtual Collocation.
It is charged per foot, per A and B feeder.
2.3.1.15 Space Availability Report Charge - Recovers the cost of preparing a
Space Availability Report in accordance with Section 2.2.1.9.1.
2.3.1.16 WSP{o-WSP Connection Charge. Recovers the cost of order
processing, design and engineering. Additional charges will be assessed for Virtual
Collocation connections and cable holes, if applicable. There will be recurring charges
for cable racking.
2.3.1.17 Microwave Entrance Facility - The charges for Microwave Entrance
Facility include the recurring and nonrecurring charges associated with preliminary
rooftop engineering and survey analysis, Premises structural analysis and line of sight
feasibility, if performed by Qwest; space rental for the rooftop and existing antenna
support structure, cable racking, cable, building penetration for cable entry, and other
work as required.
2.3.2 Rate Elements - Virtual Collocation
The following rate elements, as specified in Exhibit A, apply to Virtual Collocation.
2.3.2.1 Maintenance Labor. Provides for the labor necessary for repair of out of
service and/or service-affecting conditions and preventative maintenance of WSP
virtually collocated equipment. WSP is responsible for ordering maintenance spares.
Qwest will perform maintenance and/or repair work upon receipt of the replacement
maintenance spare and/or equipment from WSP. A call-out of a maintenance technician
after business hours is subject to a minimum charge of three (3) hours.
2.3.2.2 Training Labor. Provides for the training of Qwest personnel on a
metropolitan service area basis provided by the vendor of WSP's virtually collocated
equipmeni when that equipment is different from Qwest-provided equipment. Qwest will
require three (3) Qwest employees to be trained per metropolitan service area in which
WSP's virtually collocated equipment is located. lf, by an act of Qwest, trained
employees are relocated, retired, or are no longer available, Qwest will not require WSPto provide training for additional Qwest employees for the same virtually collocated
equipment in the same metropolitan area. Where more than one (1) WSP in the same
Amendment to CDS-00082 1 -0064 l6
merropoiitan area .{, the same virtually collocated eq,frent, the training costs
shall be prorated to eadh according to the number of WSPs so selecting.
2.3.2.3 Equipment Bay. Provides mounting space for WSP virtually collocated
equipment. Each bay includes the seven (7) foot bay, its installation, and all necessary
environmental supports. Mounting space on the bay, including space for the fuse panel
and air gaps necessary for heat dissipation is limited to 78 inches. The monthly rate is
applied per shelf. WSP may request use of alternate bay heights of 9 foot and 11 foot 6
inches, which will be considered on an lndividual Case Basis. No Equipment Bay
Charge is assessed if WSP provides its own equipment bay.
2.3.2.4 Engineering Labor. Provides the planning and engineering of WSP
virtually collocated equipment at the time of installation. change or removal.
2.3.2.5 lnstallation Labor. Provides for the installation, change or removal of
WSP vir"tually collocated equipment.
2.3.2.6 Floor Space Lease. Required for Virtual Collocation only in the instance
where WSP provides its own equipment bay. This rate element provides the monthly
lease for the space occupied by the WSP-provided, equipment bay, including property
taxes and base operating cost without -48 volt DC power. lncludes convenience 110
AC, 15 amp electrical outlets provided in accordance with local codes and may not be
used to power transmission equipment or -48 volt DC power generating equipment.
Also includes maintenance for the leased space; provides for the preventative
maintenance (climate controls, filters, fire and life systems and alarms, mechanical
systems, standard HVAC); biweekly housekeeping services (sweeping, spot cleaning,
trash removal) of Qwest Premises areas surrounding the WSP-provided equipment bay
and general repair and maintenance. The Floor Space Lease includes required aisle
space on each side of the WSP-provided equipment bay.
2.4 Ordering
2.4.1 Ordering
2.4 1.1 WSP must complete the requirements in the lmplementation Schedule
Section of this Agreement before submitting a Collocation Application Form to Qwest.
2.4.1.1.1 Nothing in this Agreement shall be construed to preclude a WSP
from submitting an order for Collocation prior to WSP's execution of this
Amendment. lf, however, the Collocation interval is completed before this
Amendment becomes effective, the rates, terms, and conditions of this
Amendment shall apply to such Collocation.
2.4.1.2 Any material changes, modifications or additional engineering (Material
Changes) requested by WSP, subsequent to its original Collocation order, as to the type
and quantity of equipment or other aspects of the original Collocation order, must be
submitted with a revised Collocation Application. For purposes of this section, Material
Changes are changes that would significantly impair Qwest's ability to provision the
requested Collocation within the applicable intervals if the changes are provisioned with
the original Collocation order and would require Qwest to incur financial penalties under
the terms of this Agreement or other Applicable Law. Qwest shall determine the
additional time required to comply with WSP's request for Material Changes (Additional
Time), and WSP shall have the option of (a) having the request for Material Changes
implemented with the original Collocation order (within the original Provisioning intervals)
as extendrd by the Additional Time; or (b) having Qwest process and provision the
request as I subsequent construction activity or augmentation to the original Collocation
l7Amendment to CDS-001 103-0033
order. Any nonma,-Qn"nges. modifications, or additionafgineering requested by
WSP, subsequenr tc -rt-s original Collocation order, may be submitted with a revised
Collocation Applicarion or otherwise communicated to Qwest and shall be implemented
with the original Collocation order within the original applicable intervals.
2.4 1.3 There are three (3) primary steps in the ordering of Collocation - 1)
Forecasting, 2) Application, and 3) Acceptance of Quote.
2.4 14 WSP shall submit an annual forecast. updated at the end of each
quarter, of its future Collocation requirements. The quarterly forecast shall be reviewed
by WSP and the Qwest account team. WSP forecast shall be considered accurate for
purposes of Collocation intervals if the subsequent Collocation Application correctly
identifies a) and e) below, and b) and c) below are within twenty percent (20o/o) of the
forecast. lt' at the time the Application is made the forecasted type of Collocation is not
available, WSP may specify a different type of Collocation without affecting the
Collocation intervals. The forecast shall include, for each Qwest Premises, the following:
a) ldentification of the Qwest Premises;
b) Floor space requirements ,
c) Power requirements;
d) Heat dissipation (optional);
e) Type of Collocation
0 lntentionally Left Blank.
g) Entrance Facility Type (e.9., Express Fiber, Private Line);
h) Type and Quantity of Terminations (optional); and
i) Month or Quarter during or after which WSP expects to submit its
Collocation Application.
2.4.1.4.1 The following terms shall apply to the forecasting process:
a) WSP forecasts shall be provided as detailed in Section 2.4.1.4',
b) WSP forecasts shall be Confidential lnformation and Qwest may
not distribute, disclose or reveal, in any form, WSP forecasts other than
as allowed and described in subsections and (put in right numbering).
2.4.1.5 WSP shall submit a Collocation Application to order Collocation at a
particular Qwest Premises. A Collocation Application shall be considered complete, if it
contains:
a) ldentiflcation of the Qwest Premises;
b) Floor space requirements;
c) Power requirements;
d) Heat Dissipation:
e) Type of Collocation
Amendment to CDS-001 103-0033 I 8
0 Collled equipment and technical llpment specifications
(ManufacturerMake, Model No., Functionality i.e., CrosS Connect, DLC, DSLAM,
Transmission, Switch, etc., Physical Dimensions, Quantity). (NOTE: Packet or
circuit switching equipment requires, in writing and attached to the Application,
how this equipment is necessary for access to UNEs or lnterconnection. High
level equiprnent interface or connectivity schematic for equipment that is not on
the approved equipment list or has not been used by WSP for a similar purpose
before, must also accompany this Application. WSP using approved equipment
found at www.qwest.com/wholesale/pcaUcollocation.html need not comply with
this provision),
g) Entrance Facility Type;
h) Type and Quantity of Terminations,
i) Billing Contact.
2.4.1.5.1 Parties will work cooperatively to ensure the accuracy of the
Collocation Application. lf Qwest determines that the Application is not complete,
Qwest shall notify WSP of any deficiencies'within ten (10) calendar Days after
receipt of the Application. Qwest shall provide sufficient detail so that WSP has a
reasonable opportunity to cure each deficiency. To retain its place in the
Collocation queue for the requested Premises, WSP must cure any deficiencies
in its Application and resubmit the Application within ten calendar Days after
being advised of the deficiencies.
2.4.1 6 Acceptance - After recelpt of a Collocation Quote Form from Qwest,
WSP shall formally accept the quote in order for Qwest to continue the processing of the
Collocation Application. A Collocation Acceptance shall be considered complete, if it
contains:
a) Signed Notification of Acceptance; and
b) Payment of fifty percent (50%) of quoted charges.
2.4.1.7 Collocation Space Reservation - allows WSP to reserve space and
identify, to the extent available, infrastructure incidental to that space such as power,
HVAC, in a Qwest Premises for up to one (1) year for transmission equipment (ATM,
Packet Switching, DSLAM), three (3) years for circuit switching equipment, and five (5)
years for power equipment. WSP may reserve space in a particular Qwest Premises
through the Collocation Space Reservation Application Form. Requests for contiguous
space will be honored, if available.
2.4.1.7.1 Collocation Space Reservation Application - Upon receipt of the
Collocation Space Reservation Application Form, Qwest will provide the space
feasibility within ten (10) calendar Days.
2.4.1.7 2 Collocation Space Reservation Quotation - lf space is available,
Qwest will provide the space feasibility and a Billing invoice for the non-
refundable $200 Space Reservation Fee within ten (10) calendar Days.
2.4.1.7.2.1 Collocation Space Reservation Acceptance. WSP
must submit the $200 Space Reservation Fee within seven (7) calendar
Days of receipt of the Billing invoice. lf WSP submits the $200 Space
Reservation Fee between eight (8) and thirty (30) calendar Days of
receipt of the Billing invoice, Qwest will honor the reservation upon receipt
Arnendment to CDS-001 103-0033 l9
of rne ]n.n, onry rf Qwest ooes nol recerve frp",,ng requesl tor rne
same s-D-ace from another WSP. Qwest will not honor reservations if
WSP submits the payment more than thirty (30) calendar Days after
receipt of the Billing invoice.
241.73 Upon receipt of the $200 Space Reservation Fee, Qwest will
reserve the space on behalf of WSP in accordance with the Application and take
necessary steps to ensure the availability of power, HVAC and other components
reflected on the application for reservation. Qwest will hold the reservation for
the applicable reservation period after receipt of the non-refundable $200
payment.
2.4.1 .7 4 WSP may cancel the reservation at any time during the
applicable reservation period. The $200 Space Reservation Fee is non-
refundable. The Space Reservation Fee will be applied against the Collocation
construction for the specific Premises. Failure to use the reserved space, in the
period specified in the Space Reservation Application based upon Section
2.4.1.7 , will result in the forfeiture of the $200.
2.4.1.8 Collocation Space Option
2.4.1.8.1 WSP, Qwest, and Qwest Affiliates may Option space in Qwest
Wire Center Premises in accordance with the terms of this Section for the
following equipment and time periods:
a)
b)
Transmission equipment - one (1) year
Circuit switching equipment - three (3) years
Power plants - five (5) years
Optioned space is offered to WSPs for Virtual Collocation. To
c)
2.4.1.8.2
promote fairness and prevent warehousing, the following limits apply:
a) The Party requesting the Option may specify the amount of space
to be Optioned but not a specific location within the Wire Center. WSP
may also request space be contiguous to its existing Collocation space.
b) A requesting WSP may Option one (1) Collocation space per Wire
Center.
c) The maximum amount of space per Wire Center to be Optioned
is: - 4 bays for Virtual Collocation.
2.4.1.8.3 The Collocation Space Option Application form will be
processed upon receipt of a properly completed request. Such form shall be
considered properly completed if it contains identifying information of WSP, the
applicable Qwest Premises, the amount of Collocation space sought, the type of
Collocation (Virtual) and the type of equipment (from the categories identified in
Section 2.4.1.8.1)forwhich the option is being sought. WSP must have met all
past and present undisputed financial obligations to Qwest. Upon receipt of the
Collocation Space Option Application form, Qwest will confirm in writing, within
ten (10) calendar Days, the availability of, and price quote (the "Option Fee") for
the Optioned space. lf space is not available, Qwest will deny the request.
2.4.1.8.4 WSP must electronically submit Acceptance with full payment of
Amendment to CDS-001 103-0033 20
the nonrecurf portion of the Option Fee, or acfnfOge non-Acceptance of
the quoted Ofltion Fee, within seven (7) calendar Days of receipt of the
quotation. When Qwest takes an Option on space for itself, Qwest shall impute
an amount equal to the Option Fee to the appropriate operations for which the
Optioned Space applies. The Option quote expires seven (7) calendar Days
after delivery to WSP.
2.4.1.8.5 Upon receipt of Acceptance and full payment of the nonrecurring
portion of the Option Fee, Qwest will Option the space on behalf of WSP
including the contiguous space requests if available (or itself if appropriate) and
the Option time frame will begin. The prioritization of Optioning will be based
upon the date and time of the Acceptance. The earlier in time an Acceptance is
received by Qwest, the higher in priority is such Option. The Option is limited to
space only and does not include other elements required to provision the
Collocation.
2.4.1.8.6 ln order for an Option request to avoid expiration, WSP must:
a) Submit a Collocation Application during the Option time frame; or
b) The Option may be r."n"*Jd if a Collocation Space Option
Application is received at least ten (10) calendar Days prior to the
expiration of the term of the existing Option. The priority of a renewed
Option is determined by the date WSP accepts the quote from Qwest on
WSP's renewal application.
2.4.1.8.7 First Right of Refusal - lf Qwest receives a valid Collocation
Application (WSP A is the requesting Party) for a Qwest Wire Center in which all
available space has been occupied or Optioned, the following provisions for First
Right of Refusalwill apply:
2.4.1.8.7.1 All Qwest out of space reporting requirements apply
to the Collocation Application. ln addition, Qwest will provide WSP A with
Option space information that may fulfill the requirements of WSP A's
Collocation Application. At WSP A's request, Qwest will initiate the
Option Enforcement Notice process by notifying the Option Party or
Parities with the most recent space Option(s) that meets the requirements
of WSP A's Collocation Application.
2.4.1.8.7.2 The Option Enforcement Notice serves as
notification to the Option Party that Qwest is in possession of a valid
Collocation Application, and calls for the Option Party to exercise their
Right of First Refusal, or relinquish their space Option. The Option Party
may exercise it's Right of First Refusal by submitting either a Collocation
Application as set forth in Section 2.4.1.5, or by submitting the Collocation
Space Reservation Application set forth in Section 2.4.1 .7, within ten (10)
calendar Days of receipt of the Option Enforcement Notice. This process
continues for all Optioned space until all Optioned space is exercised or
Optioned space is relinquished (affirmatively by WSP or upon expiration
of the notice period, whichever is earlier) to fulfill the Collocation
Application. Once Optioned space has been relinquished for use to fulfill
the Collocation Application, the standard ordering terms and conditions
for Collocation shall apply.
2.4.1.8.7.3 Where contiguous space has been Optioned, Qwest
will make its best effort to notify WSP if Qwest, its Affiliates or WSPs
Amendment to CDS-001103-0033 21
requtr+ use of vvSP s conttguous space. fn nor,trcalron, vvSF wrrr
have seVenty-two (72) hours to indicate its intent to submit a Collocation
Application or Collocation Reservation. WSP may choose to terminate
the contiguous space Option or continue without the contiguous provision.
2.4.1.8.7.4 The rate elements for the Collocation Space Option
are comprised of the following:
a) Space Option Administration Fee is a nonrecurring fee for
all Collocation Space Option requests and covers the processing
of application, feasibility, common space engineering, records
management, and administration of the First Right of Refusal
process.
b) Space Option Fee is a monthly recurring fee that will be
charged based upon the amount of space being optioned, at two
dollars ($2.001 per square foot per month.
2.4.1.8.8 ln the event that the Option Party proceeds with a Collocation
Application for optioned space, all payments made pursuant to Section
2.4.1.8.7 .4 (b) above shall be applied to such,Application.
2.4.1.9 The intervals for Virtual Collocation apply to the first five (5) Collocation
Applications per WSP per week per state. lf six (6) or more Collocation Applications are
submitted by WSP in a one-week period in the state, intervals for the Applications in
excess of the first five (5) shall be individually negotiated, but in no event shall the
Collocation interval exceed one hundred and fifty (150) calendar Days. Qwest shall
accept more than five (5) Applications from WSP per week per state .
2.4.2 Ordering - Virtual Collocation
2.4.2.1 Application - Upon receipt of a complete Collocation Application as
described in Section 2.4.1.5, Qwest will perform a feasibility study to determine if
adequate space, power and HVAC can be found for the placement of WSP's equipment
within the Premises. The feasibility study will be provided within ten (10) calendar Days
of receipt of a complete Application.
2.4.2.1.1 lf Qwest determines that the Application is not complete, Qwest
shall notify WSP of any deficiencies within ten (10) calendar Days of the
Application. Qwest shall provide sufficient detail so that WSP has a reasonable
opportunity to cure each deficiency. To retain its place in the Collocation queue
for the requested Premises, WSP must cure any deficiencies in its Application
and resubmit the Application within ten (10) calendar Days after being advised of
the deficiencies.
2.4.2.2 Quotation - lf Collocation entrance facilities and space are available,
Qwest will develop a price quotation within twenty-five (25) calendar Days of completion
of the feasibility study. Subsequent requests to augment an existing Collocation also
require receipt of an Application. Adding plug-ins, e.9., DS1 or DS3 cards to existing
virtually collocated equipment, will be processed and proviSioned within ten (10)
business days. Virtual Collocation price quotes will be honored for thirty (30) calendar
Days from the date the quote is provided. During this period the Collocation entrance
facility and space are reserved pending WSP's Acceptance of the quoted charges.
2.4.2.3 Acceptance - Upon receipt of complete Collocation Acceptance, as
described in 2.4.1.6, space will be reserved and construction by Qwest will begin.
Amendment to CDS-000821-0064
2.424 tntervf The interval for Virtual Collocation Or vary depending upon
three (3) factors -1) whether WSP provides its Acceptance within seven (7) calendar
Days recerpt of the quotation; 2) whether WSP delivers its collocated equipment to
Qwest in a timeiy manner, which shall mean within fifty{hree (53) calendar Days of the
receipt of the complete Collocation Application; and 3) whether the Application requires
major infrastructure additions or modifications. The installation of line cards and other
mtnor modifications shall be performed by Qwest on shorter intervals and in no instance
shall any such interval exceed thirty (30) calendar Days. When Qwest is permitted to
complete a Collocation installation in an interval that is longer than the standard intervals
set forlh below, Qwest shall use its best efforts to minimize the extension of the intervals
beyond such standard intervals.
2.4.2.4.1 Applications with Timely Acceptance - lf WSP provides a
compl,:te Acceptance within seven (7) calendar Days of receipt of the Qwest
Collocation quotation, and if all of WSP's equipment is available at the Qwest
Premises no later than fiftythree (53) calendar Days after receipt of the complete
Collocation Application, Qwest shall complete its installation of the Collocation
arrangement within ninety (90) calendar Days of the receipt of the complete
Collocation Application. lf WSP's equlpment is not delivered to Qwest within fifty-
three (53) calendar Days after receipt of tlre complete Collocation Application,
Qwest shall complete the Collocation installation within forty-five (45) calendar
Days of the receipt of all of the WSP's equipment.
24242 Applications with Late Acceptance - lf WSP provides a
complete Acceptance more than seven (7) calendar Days but less than thirty (30)
calendar Days after receipt of the Qwest Collocation quotation, and if all of
WSP's equipment is available at the Qwest Premises no later than fiftythree (53)
calendar Days after receipt of the complete Collocation Acceptance, Qwest shall
complete its installation of the Collocation arrangement within ninety (90)
calendar Days of the receipt of the complete Collocation Acceptance. lf WSP's
equipment is not delivered to Qwest within fifty-three (53) calendar Days after
receipt of the complete Collocation Acceptance, Qwest shall complete the
Collocation installation within forty-five (45) calendar Days of the receipt of all of
the WSP's equipment. lf WSP submits its Acceptance more than thirty (30)
calendar Days after receipt of the Qwest quotation, the Application shall be
resubmitted by WSP.
2.4.2.4.3
2.4.2.4,4
242.45
Reserved for Future Use.
Reserved for Future Use.
lntervals for Major lnfrastructure Modifications - An Collocation
Application may require Qwest to complete major infrastructure modifications to
accommodate WSP's specific requirements. Major infrastructure modifications
that may be required include conditioning space, permits, DC Power Plant,
Standby Generators, Heating, Venting or Air Conditioning Equipment. The
installation intervals in Sections 2.4.2.4.1 through 2.4.2.4.2 may be extended, if
required, to accommodate major infrastructure modifications. When major
infrastructure modifications as described above are required, and if all of WSP's
equipment is available at the Qwest Premises no later than fifty three (53)
calendar Days after receipt of the complete Collocation Application, Qwest shall
propose to complete its installation of the Collocation arrangement within an
interval of no more than one hundred and fifty (150) calendar Days after receipt
of the complete Collocation Application. The need for, and the duration of, an
extended interval shall be provided to WSP as a part of the quotation. WSP may
dispute the need for, and the duration of, an extended interval, in which case
Amendment to CD5-00082 1 -0064
Qwesr must roest a waiver from the Commissio] obtain an extended
rnterval.
2.4.2.4 6
2.5 Billing
2.5.1 Billing
Reserved for Future Use.
2.5.1.1 Upon completion of the Collocation construction activities and payment
of the remainring nonrecurring balance, Qwest will provide WSP a completion package
that will inrtiate the recurring Collocation charges. Once this completion package has
been signeC oy WSP and Qwest, and Qwest has received the final fifty percent (50%)
balance, Qwest will activate WSP transport services and/or UNEs or ancillary services
coincident with completion of the Collocation.
2.5.1.2 ln the event Qwest has completed all associated construction activities
and WSP has not completed its associated activities (e.g , delivering fiber to the C-POI,
or providing the equipment cables for connecting to the lnterconnection Distribution
Frame), Qwest will bill an adjusted amount of the remaining nonrecurring balance, close
the job, and begin Billing the monthly recurring rent charge. ln those instances where
the job is delayed due to WSP not having its fiber to the POl, Qwest will request the
balance due minus the dollar amount specific to this work activity, and begin Billing the
monthly recurring rent charge. Once WSP has completed fiber placement, WSP can
request Qwest to return and complete the splicing activity at the rate reflected in this
Agreement. ln the case of missing equipment cables, WSP will be responsible for
installing the cables if not delivered at job completion. The installation activity must be
conducted by a Qwest approved vendor and follow the designated racking route. Final
test and turn-up will be performed under the maintenance and repair process contained
herein.
2.5.2 Billing - Virtual Collocation
2.5.2.1 Virtual Collocation will be considered complete when the Premises is
Ready for Service (RFS). Cooperative testing between WSP and Qwest may be
negotiated and performed to ensure continuity and acceptable transmission parameters
in the facility and equipment.
2.6 Maintenance and Repair
2.6.1 Virtual Collocation
2.6.1 1 Maintenance Labor, lnspector Labor, Engineering Labor and Equipment
Labor business hours are considered to be Monday through Friday, 8:00 am to 5:00 pm
(local time) and after business hours are after 5:00 pm and before 8.00 am (local time),
Monday through Friday, all day Saturday, Sunday and holidays.
2.6.1.2 lnstallation and maintenance of WSP's virtually collocated equipment will
be performed by Qwest or a Qwest authorized vendor.
2.6.1.3 Upon failure of WSP's virtually collocated equipment, Qwest will
promptly notify WSP of such failure and the corrective action that is needed. Qwest will
repair such equipment within the same time periods and with failure rates that are no
greater than those that apply to the performance of similar functions for comparable
equipment of Qwest. WSP is responsible for transportation and delivery of maintenance
spares to Qwest at the Premises housing the failed equipment. WSP is responsible for
24Amendment to CDS-001 103-0033
purchasing ano maintlg a supply of spares.
3. UNBUNDLED NETWORK ELEMENTS
3.1 General Terms
3 1 1 Changes in law, regulations or other "Existing Rules" relating to Unbundled
Network Elements (UNEs), including additions and deletions of elements Qwest is required to
unbundle and/or prrrvide in a UNE Combination, shall be incorporated by amendment pursuant
to Section (A)1.2 of the original Agreement. WSP and Qwest agree that the UNEs identified in
this Section are not exclusive and that pursuant to changes in FCC rules, state laws, or the
Bona Fide Request Process, WSP may identify and request that Qwest furnish additional or
revised UNEs to the extent required under Section 251(c)(3) of the Act and other Applicable
Laws. Fallure to list a UNE herein shall not constitute a waiver by WSP to obtain a UNE
subsequently defined by the FCC or the state Commission.
312 Qwest shall provide non-discriminatory access to Unbundled Network Elements
on rates, terms and conditions that are non-discriminatory, just and reasonable. The quality of
an Unbundled Network Element Qwest provides, as well as the access provided to that
element, will be equal between all Carriers requesting access to that element; second, where
Technically Feasible, the access and Unbundled Network Element provided by Qwest will be
provided in "substantially the same time and manner" to that which Qwest provides to itself or to
its Affiliates. ln those situations where Qwest does not provide access to network elements to
itself, Qwest will provide access in a manner that provides WSP with a meaningful opportunity
to compete. For the period of time Qwest provides access to WSP to an Unbundled Network
Element, WSP shall have exclusive use of the network element, except when the provisions
herein indicate that a network element will be shared (such as Shared Transport).
Notwithstanding the foregoing, Notwithstanding specific language in other sections of this
Agreement, all provisions of this Agreement regarding Unbundled Network Elements are subject
to this requirement. ln addition, Qwest shall comply with all state wholesale service quality
requirements.
3.1.2.1 lf facilities are not available, Qwest will build facilities dedicated to an
End User Customer if Qwest would be legally obligated to build such facilities to meet its
Provider of Last Resort (POLR) obligation to provide basic Local Exchange Service or its
Eligible Telecommunications Carrier (ETC) obligation to provide primary basic Local
Exchange Service. WSP will be responsible for any construction charges for which an
End User Customer would be responsible. ln other situations, Qwest does not agree
that it is obligated to build UNEs, but it will consider requests to build UNEs pursuant the
BFR or Special Construction process.
3.1.2.1.1 Upon receipt of an LSR or ASR, Qwest will follow the same
process that it would follow for an equivalent retail service to determine if
assignable facilities exist that fit the criteria necessary for the service requested.lf available facilities are not readily identified through the normal assignment
process, but facilities can be made ready by the requested Due Date, WSP will
not receive an additional FOC, and the order Due Date will not be changed.
3.1.2.1.2 lf cable capacity is available, Qwest will complete incremental
facility work (i.e., conditioning, place a drop, add a network interface device, card
existing subscriber Loop carrier systems at the Central Office and Remote
Terminal, add Central Office tie pairs, add field cross jumpers) in order to
complete facilities to the Customer premises.
3.1.2.1.3 During the normal assignment process, if no available facilities
{mendment to cDS-001 103-0033 25
3.1 3
are identifieO ffre UNE requested, Qwest will look ffxisting engineering job
orders that could fill the request in the future. lf an engineering job currently
exists. Qwest will add WSP's request to that engineering job and send WSP a
jeopardy notice. Upon completion of the engineering job, Qwest will send WSP
another FOC with a new Due Date. lf facilities are not available and no
engineering job exists that could fill the request in the future, Qwest will treat
WSPs request as follows:
3.1.2.1.3 1 For UNEs that meet the requirements set forth in
this Section, WSP will receive a jeopardy notice. Qwest will initiate an
errgineering job order for delivery of primary service to the End User
Customer. When the engineering job is completed, WSP will receive
another FOC identifying a new Due Date when the Loop will be ready for
installation. Upon receipt of the second FOC, WSP can request a
different Due Date by submitting a SUP to change the Due Date to a later
date.
3.1.2.1.3.2 For UNEs that do not meet the requirements in this
Section, Qwest will send WSP a rejection notice canceling the LSR or
ASR. Upon receipt of the rejection notice, WSP may submit a request to
build UNEs pursuant to Section 3.1 .9 of this Agreement.
3.1.2.1.4 Qwest will provide WSP notification of major Loop facility builds
through the ICONN database. This notification shall include the identiflcation of
any funded outside plant engineering jobs that exceeds $100,000 in total cost,
the estimated ready for service date, the number of pairs or fibers added, and the
location of the new facilities (e 9., Distribution Area for copper distribution, route
number for copper feeder, and termination CLLI codes for fiber). WSP
acknowledges that Qwest does not warrant or guarantee the estimated ready for
service dates. WSP also acknowledges that funded Qwest outside plant
engineering jobs may be modified or cancelled at any time.
Notwithstanding any reference, definition or provision to the contrary, WSP may
provide any Technically Feasible data or voice Telecommunications Services allowed by law
over any Loop or Loop portion of a UNE Combination, including without limitation, "voice"
services over high frequency portions of any Loop or "data" services over any low frequency
portion of any Loop, provided such services do nor interfere with "voice band" or "data band"
transmission parameters in accordance with FCC rules as more particularly described in this
Amendment. Any related equipment provided by WSP to deliver Telecommunications Services
contemplated by this section must comply with appropriate ANSI standards such as T1 .417 and
T1.413. Other references to the voice or voice band portion of the Loop in this Amendment will
mean the low frequency portion of the Loop.
3.1 4 Qwest will provide a connection between Unbundled Network Elements and a
Loop Demarcation Point. Such connection is an lnterconnection Tie Pair (lTP). An ITP is
required for each Unbundled Network Element or ancillary service delivered to WSP. The ITP
provides the connection between the Unbundled Network Element and the ICDF or other
Central Office Demarcation Point. The ITP is ordered in conjunction with a UNE. The charges
for the ITP are contained in Exhibit A. WSP may order regeneration along with an lTP, and the
charges listed in Exhibit A will apply. The ITP may be ordered per termination. The
Demarcation Point shall be:
a)
Space or
at WSP-provided cross-connection equipment located in WSP's Virtual
b) if WSP elects to use an ICDF in association with Virtual Collocation, at
Amendment to CDS-001 103-0033
the ICDF; or
c)if WSP elects to use a direct connection from its Collocation space to the
distribution frame serving a particular element, at the distribution frame; or
at another Central Office Demarcation Point mutually-agreed to by the
Parties.
3.1.5 WSP may connect Network Elements in any Technically Feasible manner. Qwest
will provide WSP with the same features, functions and capabilities of a particular element or
combinations of elements that Qwest provides to itself. Qwest will provide WSP with all of the
features and functionalities of a particular element or combination of elements (regardless of
whether such combination of elements is ordered from Qwest in combination or as elements to
be combined by WSP), so that WSP can provide any Telecommunications Services that can be
offered by means of such element or combination of elements. Qwest will provide Unbundled
Network Elements to WSP in a manner that allows WSP to combine such elements to provide
any Telecommunications Services. Qwest shall not in any way restrict WSPs use of any
element or combination of elements (regardless of whether such combination of elements is
ordered from Qwest in combination or as elements to be combined by WSP) except as Qwest
may be expressly permitted or required by Existing Rules. -,
3.1.6 Qwest provides UNEs on an individual element basis. Charges, if any, for testing
pursuant to this paragraph are contained in Exhibit A to this Agreement.
3.1 .6.1 When elements are provisioned by Qwest on an individual element basis
(whether or not such elements are combined by WSP with other elements provided by
Qwest or WSP):
a) Qwest will perform testing necessary or reasonably requested
by WSP, to determine that such UNE is capable of meeting the technical
parameters established for each UNE.
b)Qwest will repair and maintain such element to ensure that UNE
continues to meet the technical parameters established for each UNE. WSP is
responsible for the end-to-end transmission and circuit functionality testing for
UNE Combinations created by WSP.
c) Qwest will cooperate with WSP in any Technically Feasible
testing necessary or reasonably requested by WSP to assist in determining end-
to-end transmission and circuit functionality of such UNE.
3.1.6.2 When elements are provisioned by Qwest in combination:
a)Qwest will perform testing necessary or reasonably requested
by WSP to determine that such combination and each UNE included in such
combination is capable of meeting the technical parameters of the combination.
b)
3.1.7
Qwest will repair and maintain such combination and each UNE
included in such combination to ensure that such UNE continues to meet the
technical parameters of the combination.
c) Qwest will cooperate with WSP in any Technically Feasible
testing necessary or reasonably requested by WSP to determine end-to-end
transmission and circuit functionality of such combination.
Reserved for future use.
Amendment to CDS-001 103-0033 27
3.1.8 Maintenan." fr"pair is described herein. The repfenter contact telephone
numbers are provided in the PCAT, which is located on the Qwest Web site.
3.1.9 ln order to maintain and modernize the network properly, Qwest may make
necessary modifications and changes to the UNEs in its network on an as needed basis. Such
changes may result in minor changes to transmission parameters. Network maintenance and
modernization activities will result in UNE transmission parameters that are within transmission
limits of the UNE ordered by WSP. Qwest shall provide advance notice of changes that affect
network lnteroperability pursuant to applicable FCC rules. Changes that affect network
lnteroperability include changes to local dialing from seven (7) to ten (10) digit, area code splits,
and new area code implementation. FCC rules are contained in CFR Part 51 and 52. Qwest
provides such disclosures on an lnternet web site.
3.1 .10 Channel Regeneration Charge. This charge is required when the distance from
the Qwest network to the collocated equipment (Virtual Collocation)is of sufficient length to
require regeneration. Cable distance limitations are based on the most current version of ANSI
Standard T1J02-1993 " Digital Hierarchy - Electrical lnterface; Annex 8".
3.1 .1 1
3.1.12
ExhibitA of this Agreement contains the rates for Unbundled Network Elements.
'.1
Miscellaneous Charges are in addition to nonrecurring and recurring charges set
forth in Exhibit A. Miscellaneous Charges apply to activities WSP requests Qwest perform,
activities WSP authorizes, or charges that are a result of WSPs actions, such as cancellation
charges. Rates for Miscellaneous Charges are contained in Exhibit A. Unless otherwise
provided for in this Agreement, no additional charges will apply.
4. NETWORK SECURITY
4.1 Qwest and WSP share responsibility for security and network protection for each
Collocation arrangement. Each Party's employees, agents or representatives must secure its
own portable test equipment, spares, etc. and shall not use the test equipment or spares of
other parties. Use of such test equipment or spares without written permission constitutes theft
and may be prosecuted. Exceptions are the use of Qwest ladders in the Wire Center, either
rolling or track, which WSP may use in the course of work operations. Qwest assumes no
liability to WSP, its agents, employees or representatives, if WSP uses a Qwest ladder available
in the Wire Center.
4.2 Each Party is responsible for the physical security of its employees, agents or
representatives. Providing safety glasses, gloves, etc. must be done by the respective
employing Party. Hazards handling and safety procedures relative to the Telecommunications
environment is the training responsibility of the employing Party. Proper use of tools, ladders,
and test gear is the training responsibility of the employing Party.
4.3 ln the event that one Party's employees, agents or representatives inadvertently
damage or impair the equipment of the other Party, prompt notification will be given to the
damaged Party by verbal notification between the Parties' technicians at the site or by
telephone to each Party's 24 x7 security numbers.
4.4 Each Party shall comply at all times with Qwest security and safety procedures
and requirements while performing work activities on Qwest's Premises.
4.5 Qwest will allow WSP to inspect or observe spaces which house or contain WSP
equipment or equipment enclosures at any time and to furnish WSP with all keys, entry codes,
lock combinations, or other materials or information which may be needed to gain entry into any
secured WSP space, in a manner consistent with that used by Qwest.
Amendment to CDS-001 1 03-0033 28
4 6 Qwest will limle keys used in its keying syste,rlr enclosed collocated
spaces which contain or house WSP equipment or equipment enclosures to its employees and
represenlatrves to emergency access only. WSP shall further have the right to change locks
where deemed necessary for the protection and security of such spaces.
solely the responsibility of WSP to ensure keys are not shared with unauthorized personnel and
recover keys and electronic lD/keys promptly from discharged personnel, such that office
security is always maintained. Qwest has similar responsibility for its employees.
4.8 WSP wilt train its employees, agents and vendors on Qwest security pollcies and
guidelines.
4.9 When working on Qwest ICDF Frames or in Qwest's common or WSP equipment
line-ups, Qwest and WSP employees, agents and vendors agree to adhere to Qwest quality and
performance standards provided by Qwest and as specified in this Agreement.
4.10 WSP shall report all material losses to Qwest Security. All security incidents are
to be referred directly to local Qwest Security - 1-888-879-7328. ln cases of emergency, WSP
shall call 911 and 1-888- 879-7328. I
4.11 Qwest and WSP employees, agents and vendors will display the
identification/access card above the waist and vlsible at all times.
4.12 Qwest and WSP shall ensure adherence by their employees, agents and vendors
to all applicable Qwest environmental health and safety regulations. This includes all fire/life
safety matters, OSHA, EPA, Federal, State and local regulations. including evacuation plans
and indoor air quality.
47
413
and gates
414
Keys may entail erther metallic keys or combination electronic lD/key cards. lt is
Qwest and WSP employees, agents and vendors will secure and lock all doors
WSP will report to Qwest all property and equipment losses immediately, any lost
cards or keys, vandalism, unsecured conditions, security vrolations, anyone who is unauthorized
to be in the work area or is not wearing the Qwest identification/access card.
415 Qwest and WSP employees, agents and vendors shall comply with Qwest Central
Office fire and safety regulations, which include but are not limited to, wearing safety glasses in
designated areas, keeping doors and aisles free and clean of trip hazards such as wire,
checking ladders before moving, not leaving test equipment or tools on rolling ladders, not
blocking doors open, providing safety straps and cones in installation areas, using electrostatic
discharge protection, and exercising good housekeeping.
4.16 Smoking is not allowed in Qwest buildings, Wire Centers, or other Qwest facilities.
No open flames shall be permitted anywhere within the buildings, Wire Centers or other
facilities. Failure to abide by this restriction may result in denial of access for that individual and
may constitute a violation of the access rules, subjecting WSP employee, agent or vendor to
denial of unescorted access. Qwest shall provide written notice within five (5) calendar Days of
a WSP violation of this provision to WSP prior to denial of access and such notice shall include:
1) identification of the violation of this provision and the personnel involved, 2) identification of
the safety regulation violated, and 3) date and location of such violation. WSP will have five (5)
calendar Days to remedy any such violation for which it has received notice from Qwest. ln the
event that WSP fails to remedy any such violation of which it has received notice within such
five (5) calendar Days following receipt of such notice, WSP shall be denied unescorted access
to the affected Premises. ln the event WSP disputes any action Qwest seeks to take or has
Amendment to CDS-001 '03-0033
. taken pursuant to this provisif WSP may pursue immediate resotf by expedited Dispute
Resolution.
4.17 No flammable or explosive fluids or materials are to be kept or used anywhere
wrthin the Qwest buildings or on the grounds.
418 No weapons of any type are allowed on Qwest Premises. Vehicles on Qwest
property are subject to this restriction as well.
4.19 Except as othenruise provided in this SGAT, WSP's employees, agents or vendors
may not make arry nrodifications, alterations, additions or repairs to any space within the
building or on the grounds, provided, however, nothing in Section 4. shall prevent WSP, its
employees or agents from performing modifications, alterations, additions or repairs to its own
equipment or facilities.
420 Qwest employees may request WSP's employees, agents or vendors to stop any
work activity that in their reasonable judgment is a jeopardy to personal safety or poses a
potential for damage to the Qwest Premises, Qwest equipment or Qwest services within the
facility until the situation is remedied. WSP employees may report any work activity that in their
reasonable judgment is a jeopardy to personal safety or poses a potential for damage to the
building, WSP equipment or WSP services within the facility, to Qwest Service Assurance (800-
713-3666) and the reported work activity will be immediately stopped until the situation is
remedied. ln the event such non-compliant activity occurs in a Qwest Central Office, notification
of the non-compliant activity may be made to the Central Office supervisor, and the Central
Office supervisor shall immediately stop the reported work activity until the situation is remedied.
The compliant Party shall provide immediate notice of the non-compliant work activity to the
non-compliant Par(y and such notice shall include: 1) identification of the non-compliant work
activity, 2) identification of the safety regulation violated, and 3) date and location of safety
violation. lf such non-compliant work activitles pose an immediate threat to the safety of the
other Party's employees, interference with the performance of the other Party's service
obligations, or pose an immediate threat to the physical integrity of the other Party's facilities,
the compliant Party may perform such work and/or take action as is necessary to correct the
condition at the non-compliant Party's expense. ln the event the non-compliant Party disputes
any action the compliant Party seeks to take or has taken pursuant to this provision, the non-
compliant Party may pursue immediate resolution by expedited Dispute Resolution. lf the non-
compliant Party fails to correct any safety non-compliance within ten (10) calendar Days of
written notice of non-compliance, or if such non-compliance cannot be corrected within ten (10)
calendar Days of written notice of non-compliance, and if the non-compliant Party fails to take
all appropriate steps to correct as soon as reasonably possible, the compliant Party may pursue
immediate resolution by expedited Dispute Resolution.
4.21 Qwest is not liable for any damage, theft or personal injury resulting from WSP's
employees. agents or vendors parking in a Qwest parking area.
4.22 WSP's employees, agents or vendors outside the designated WSP access area,
or without proper identification will be asked to vacate the Premises and Qwest security may be
notified. Continued violations may result in termination of access privileges. Qwest shall provide
immediate notice of the security violation to WSP and such notice shall include: 1) identification
of the security violation, 2) identification of the security regulation violated, and 3) date and
location of security violation. WSP will have five (5) calendar Days to remedy any such alleged
security violation before any termination of access privileges for such individual. ln the event
WSP disputes any action Qwest seeks to take or has taken pursuant to this provision, WSP
may pursue immediate resolution by expedited or other Dispute Resolution.
4.23 Building related problems may be referred to the Qwest Work Environment
Centers:
Amendment to CDS-001 103-0033
8oo-87e-34ee (co, rn}., *rl
800-201-7033 (all other Qwest states)
4.24 WSP will submit a Qwest Collocation Access Application form for individuals
needing to access Qwest facilities. WSP and Qwest will meet to review applications and
security requi rements.
4.25 WSP employees, agents and vendors will utilize only corridors, stairways and
elevators that provide direct access to WSP's space or the nearest restroom facility. Such
access will be covereC in orientation meetings. Access shall not be permitted to any other
portions of the building.
4.26 WSP will collect identification/access cards for any employees, agents or vendors
no longer working on behalf of WSP and fonnrard them to Qwest Security. lf cards or keys
cannot be collected, WSP will immediately notify Qwest at 800-210-8169.
4.27 WSP will assist Qwest in validation and verification of identification of its
employees, agents and vendors by providing a telephone contact available seven (7) days a
week, twenty-four QQ hours a day. .,
4.28 Qwest and WSP employees, agents and vendors will notify Qwest Service
Assurance (800-713-3666) prior to gaining access into a Central Office after hours, for the
purpose of disabling Central Office alarms for WSP access. Normal business hours are 7:00
a.m. to 5:00 p.m.
4.29 WSP will notify Qwest if WSP has information that its employee, agent or vendor
poses a safety and/or security risk. Qwest may deny access to anyone who in the reasonable
judgment of Qwest threatens the safety or security of facillties or personnel.
430 WSP will supply to Qwest Security, and keep up to date, a list of its employees,
agents and vendors who require access to WSP's space. The list will include names and social
security numbers. Names of employees, agents or vendors to be added to the list will be
provided to Qwest Security, who will provide it to the appropriate Qwest personnel.
4.31 Revenue Protection. Qwest shall make available to WSP all present and future
fraud prevention or revenue protection features. These features include, but are not limited to,
screening codes, information digits '29' and '70'which indicate prison and COCOT pay phone
originating line types respectively; call blocking of domestic, international, 800, 888, 900, NPA-
976, 700 and 500 numbers. Qwest shall additionally provide partitioned access to fraud
prevention, detection and control functionality within pertinent Operations Support Systems
which include but are not limited to LIDB Fraud monitoring systems.
4.31.1 Uncollectable or unbillable revenues resulting from, but not confined to,
Provisioning, maintenance, or signal network routing errors shall be the responsibility of
the Party causing such error or malicious acts, if such malicious acts could have
reasonably been avoided.
4.31.2 Uncollectible or unbillable revenues resulting from the accidental or
malicious alteration of software underlying Network Elements or their subtending
Operational Support Systems by unauthorized third parties that could have reasonably
been avoided shall be the responsibility of the Party having administrative control of
access to said Network Element or operational support system software.
4.31.3 Qwest shall be responsible for any direct uncollectible or unbillable
revenues resulting from the unauthorized physical attachment to Loop facilities from the
Main Distribution Frame up to and including the Network lnterface Device, including clip-
on fraud, if Qwest could have reasonably prevented such fraud.
Amendment to CDS-001 103-0033 3l
4.31.4 To thftent that incremental costs are direcJttributable to a revenue
protection capability requested by WSP, those costs will be borhe by WSP.
4.31.5 To the extent that either Party is liable to any toll provider for fraud and to
the extent that either Party could have reasonably prevented such fraud, the Party who
could have reasonably prevented such fraud must indemnify the other for any fraud due
to compromise of its network (e.g., clip-on, missing information digits, missing toll
restriction. etc.).
4.31.6 lf Qwest becomes aware of potential fraud with respect to WSP's
accounts, Qwest will promptly inform WSP and, at the direction of WSP, take reasonable
action to mitigaie the fraud where such action is possible.
5. AMENDMENTS; WAIVERS
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 party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will 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.
6. ENTIRE AGREEMENT
This Amendment (including the documents referred to herein) constitutes the full and entire
understanding and agreement between the Parties with regard to the subjects of this
Amendment and supersedes any prior understandings, agreements, amendments, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of this Amendment.
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.
Signature Page Follows
Amendment to cDS-001 103-0033 32
EXHIBIT A
8.0 Collocation
8.1 AI
Collocation
8.1 .1 Quote
Preparation Fee
$2,125.92 I
Quote Preparation Fee- Augment $1,443.51 5
8.1.2 Entrance Facility, per Fiber s1.93 $1,524.9S
8.1 .3 Cable Splicinq
Fiber - Per Set-
Uo
$464.72
Per Fiber
Soliced
$3 /.1
8.1.4 48 Volt DC Power Usage, per Ampere, per
Month
Power Plant- Less than 60 amps $10.98 I
Power Plant- Equal to or Greater Than 60 amps $8.56 1
Power Usaoe 60 Amos or Less. Der Amo $2.76 1
Power Usaqe More Than 60 Amps, per AmD $5.52 1
8.1.5 -48 Volt DC Power Cable, per Foot, Per A and B
Feeder
20 Amp Feed $0.2c $68.7i
40 Amp Feed $0.27 $93.2(
60 Amp Feed Iru.z!ti1U4.9r
100 Amp Feed $o.22 $140.9(1
200 Amp Feed $u.3 $220.71 1
300 Amp Feed $0.49 $3U4.U 1
400 Amp Feed $0.63 $394.21 1
8.1.6 AC Power Feed
AC Power Feed - oer Amo. oer Month
120V $19.52 1
208 V, Sinqle Phase s33.83 1
208 V, Three Phase $58.53 1
240V. Sinqle Phase $39.04 1
240V, Three Phase $67.54 1
480 V, Three Phase $135.08 1o
AC Power Feed - per Foot, per Month
20 Amo. Sinole Phase $0.0120 $8.32 1
20 Amp, Three Phase $0.0148 $10.3r 1
30 Amp, Single Phase $0.0129 $8.9(1
30 Amp, Three Phase $0.0177 $12.3r 1
40 Amp, Single Phase $0.0152 $10.5;1
40 Amp, Three Phase $0.0209 $14.5t 1
50 Amp, Sinqle Phase $0.018c s12.5t 1
50 Amp, Three Phase $0.0251 s17.51 1
50 Amp, Single Phase $u.0zu4 $14.1t 1
30 Amp, Three Phase $u.0269 $20.1t 1
100 Amp, Sinqle Phase $0.0252 $17.5€1
100 Amp, Three Phase $u.0394 $27.41 1
8.1.7 lnspector Labor, per Half Hour
Amendment to CDS-001 103-0033
[:,nJ'"'HourJ I 521.1
After Hours Rate, minimum 3 hours $3C.3
8.1 .8 Channel
Reqeneration
DSI Reqeneration $12.92 $323.4t
DS3 Reqeneration $84.69 $325.1 (
u.1.9 Collocation
Terminations
DSO Cable Placement, Per 100 Pair Block,
0r
s0.4706 $215.9(1
DSO Cable Placement. Per Termination $0.0088 $4.0t 1
DSo Gable Per 100 Pair Block. or 90.7447 $341.7(1
DSO Cable, Per Termination $0.0102 $4.6t 1
L'tio BlocKs, Per 1UU Parr tslocK, or $1.215C $592.6:1
DSO Blocks. Per Termination $0.0177 $8.1 '1
DSo Block Placement, Per 100 Pair Block,
or
$0.4927 $226.1(1
DSO Block Placement, Per Termination Iru.uu6/$3.1 (1
or
$0.540c $376.1t 1
DS1 Cable Placement, Per Termination $0.0581 $40.4i 1
DS1 Cable Per28 DS1 Block, or $0.5663 $394.4t 1
DS1 Cable. Per Termination 50.u60!$42.42 1
DS1 Blocks, Per 28 Block, or $0.6427 $44(.tt 1
DSI Blocks. Per Termination $0.0773 $53.8:1
DS1 Block Placement, Per 28 DSl Block. or $0.1 1 04 $76.9(1
DS1 Block Placement, Per Termination $0.01 19 $8.2i 1
DS3 Cable Placement, Per Termination $0.2000 $139.3t 1
DS3 Cable, Per Termination $0.3649 $254.7t 1
DS3 Panel/Connector, Per Termination $0.3749 $261 .1 1
DS3 Panel/ Connector Placement, Per
Termination
$0.0276 $19.21 1
OCN Termination
OCN Terminations, Per 12 Fibers $3.71 $1.622.4C 5
Cable Racking for OCN Terminations, 1st
12 fibers
$6.75 $2,952.5 -
UUNNEU IUT{ - AUUI I IONAL
CONNECTOR
$1.01 $441.1€5
3.1 .10 Security Charge
Per emplovee, per Card $U.UO 1
Central Office Securitv lnfrastructure $ /.UU 1
3.1 .1 1 Composite Clock / Central Office Svnchronization
Synchronization - Composite Clock, per
Port
$7.44 1
8.1.12 Space
Availability
Charoe
$344.0t 1
Amendment to CDS-001 103-0033 35
lnterconnection Tie Pairs (lTP) - Per Termination
otherwise indicated, all rates are pursuant to the Qwest
approved by the ldaho Public Utilities Commission in Docket Number USW-T-96-15, Commission Order
Number 27738, effective September 17, 1998.
proposed in Cost Docket testimony filed on
rates to
had not been removed from the FCC
Amendment to CDS401 103-0033
t4I ffil?5,:1"j.#*Tr'fitt:" oversisht on these rates' rhese ruare not
BI
Rates not addressed in Cost Docket (TELRIC
Kegronal r tsLHlu Dased
where reouired.
l7t A special request is a request by the customer to perform something that is technically feasible but the
orocess and oricino are not vet in olace.
t8l Rates found in FCC Taritl #1
I9I The preliminary engineering ancl planning costs are included in the caged and cageless space
construction charges. These engineering and planning charges are also included in the caged and
cageless quote preparation fees. Upon completion of the collocation construction, the quote preparation
fee (QPF) will be credited to the final space construction charge for the collocation job. The credit will
apply to whichever QPF is applied. This exhibit cunently lists multiple QPFs based on what has been
proposed on the cost docket and what was approved in the AT&T interconnection agreement. CLEC
may choose either QPF at this time.
t10l Qwest will not charge for this element until the Commission has an opportunity to review and
approve a rate in a cost proceedinq.
Amendment to CDS-001 103-0033 37
Cricket Gommunications, lnc.
Signahrre
L- T. Christe-nsen
Steven ll. Picnot
VicePresident
Name
Director - Business Policv
Amandment to CDS-001 1 0$0033 33